Bill Amendment: IL SB3222 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: VIDEO STREAMING AD VOLUME

Status: 2026-06-12 - Public Act . . . . . . . . . 104-0463 [SB3222 Detail]

Download: Illinois-2025-SB3222-House_Amendment_002.html

---

Rep. Will Guzzardi

Filed: 5/31/2026

 

 

 

10400SB3222ham002 LRB104 19119 BDA 38710 a
AMENDMENT TO SENATE BILL 3222
AMENDMENT NO. ______. Amend Senate Bill 3222 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Illinois Hemp Act.
Section 5. Definitions. As used in this Act:
"Cannabis" has the meaning given to that term in Section 3
of the Cannabis Control Act.
"Container" means the innermost wrapping, packaging, or
vessel in direct contact with a final hemp-derived cannabinoid
product in which the product is enclosed for retail sale to
consumers, such as a jar, bottle, bag, box, packet, can,
carton, or cartridge. "Container" includes any additional
information and specificity as published by the United States
Food and Drug Administration or may be changed by rule by the
Department of Agriculture. "Container" does not include bulk

10400SB3222ham002 - 2 - LRB104 19119 BDA 38710 a
shipping containers or outer wrappings that are not essential
for the final retail delivery or sale to an end consumer for
personal or household use.
"Department" means the Department of Agriculture.
"Director" means the Director of Agriculture.
"Final consumer hemp cannabinoid product" means a
consumable or topical hemp-derived cannabinoid product that is
permitted to be sold to consumers in the State, that meets the
requirements of Section 35 of this Act, and that:
(1) does not contain any cannabinoids that are
incapable of being naturally produced by a Cannabis sativa
L. plant;
(2) does not contain any cannabinoids that are capable
of being naturally produced by a Cannabis sativa L. plant
but were synthesized or manufactured outside of the plant;
and
(3) does not contain more than a per-container total
of 0.4 milligrams of total tetrahydrocannabinols,
including tetrahydrocannabinolic acid and any other
cannabinoids that have similar effects or are marketed to
have similar effects on humans or animals as a
tetrahydrocannabinol as established under Section 15 of
this Act.
"Hemp" means the plant Cannabis sativa L. and any part of
that plant, including the seeds thereof and all derivatives,
extracts, cannabinoids, isomers, acids, salts, and salts of

10400SB3222ham002 - 3 - LRB104 19119 BDA 38710 a
isomers, whether growing or not, with a total
tetrahydrocannabinol concentration, including
tetrahydrocannabinolic acid, of not more than 0.3% on a
dry-weight basis. "Hemp" includes industrial hemp. "Hemp" does
not include any of the following:
(1) any viable seeds from a Cannabis sativa L. plant
that exceeds a total tetrahydrocannabinols concentration,
including tetrahydrocannabinolic acid, of 0.3% in the
plant on a dry weight basis;
(2) any intermediate hemp-derived cannabinoid product
containing any of the following:
(A) cannabinoids that are incapable of being
naturally produced by a Cannabis sativa L. plant;
(B) cannabinoids that are capable of being
naturally produced by a Cannabis sativa L. plant but
were synthesized or manufactured outside the plant;
(C) more than a combined total
tetrahydrocannabinol concentration of 0.3%, including
tetrahydrocannabinolic acid and any other cannabinoids
that have similar effects or are marketed to have
similar effects on humans or animals as a
tetrahydrocannabinol, as established under Section 15
of this Act;
(3) any intermediate hemp-derived cannabinoid product
that is marketed or sold as a final product or marketed or
sold directly to an end consumer for personal or household

10400SB3222ham002 - 4 - LRB104 19119 BDA 38710 a
use; or
(4) any final hemp-derived cannabinoid product
containing any of the following:
(A) cannabinoids that are incapable of being
naturally produced by a Cannabis sativa L. plant;
(B) cannabinoids that are capable of being
naturally produced by a Cannabis sativa L. plant and
were synthesized or manufactured outside the plant;
(C) more than a per-container total of 0.4
milligrams of total tetrahydrocannabinols, including
tetrahydrocannabinolic acid and any other cannabinoids
that have similar effects or are marketed to have
similar effects on humans or animals as a
tetrahydrocannabinol as established under Section 15
of this Act.
"Hemp cultivation licensee" means a person licensed by the
Department of Agriculture to cultivate hemp and industrial
hemp pursuant to this Act and federal law.
"Hemp-derived cannabinoid product" means any intermediate
or final product derived from hemp that contains cannabinoids
in any form and is intended for human or animal use through any
means of application or administration, including inhalation,
ingestion, or topical application.
"Hemp product manufacturer" means a facility operated by a
person licensed by the Department to obtain hemp or
intermediate hemp-derived cannabinoid product to manufacture

10400SB3222ham002 - 5 - LRB104 19119 BDA 38710 a
and produce hemp-derived cannabinoid products.
"Hemp production plan" means a plan submitted by the
Department to the Secretary of the United States Department of
Agriculture pursuant to the federal Agriculture Improvement
Act of 2018, Public Law 115-334, and consistent with the
Domestic Hemp Production Program established under 7 CFR Part
990, through which the Department establishes its authority to
have primary regulatory authority over the production of hemp.
"Industrial hemp" means:
(1) hemp grown for the use of the stalk of the plant,
fiber produced from the stalk, or any other
non-cannabinoid derivative, mixture, preparation, or
manufacture of the stalk;
(2) hemp grown for the use of the whole grain, oil,
cake, nut, hull, or any other non-cannabinoid compound,
derivative, mixture, preparation, or manufacture of the
seeds of the plant;
(3) hemp grown for the purpose of producing
microgreens or other edible hemp leaf products intended
for human consumption that are derived from an immature
hemp plant grown from seeds that do not exceed 0.3% total
tetrahydrocannabinol;
(4) hemp that does not enter the stream of commerce
and is intended to support hemp research at an institution
of higher education, as defined in Section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001), or at an

10400SB3222ham002 - 6 - LRB104 19119 BDA 38710 a
independent research institute; or
(5) hemp grown for the production of a viable seed of
the plant produced solely for the production or
manufacture of any material described in paragraphs (1)
through (4).
"Industrial hemp product" means a product derived from
industrial hemp that does not contain cannabinoids.
"Industrial hemp processor" means a facility that processes or
handles raw industrial hemp plant material.
"Intermediate hemp-derived cannabinoid product" means a
hemp-derived cannabinoid product that:
(1) is not yet in the final form or preparation
marketed or intended to be used or consumed by a human or
animal; or
(2) is a powder, liquid, tablet, oil, or other product
form that is intended or marketed to be mixed, dissolved,
formulated, or otherwise added to or prepared with or into
any other substance prior to administration or
consumption.
An intermediate hemp-derived cannabinoid product shall not
contain: (i) cannabinoids that are incapable of being
naturally produced by a Cannabis sativa L. plant; (ii)
cannabinoids that are capable of being naturally produced by a
Cannabis sativa L. plant but were synthesized or manufactured
outside of the plant; or (iii) more than a combined total
tetrahydrocannabinol concentration of 0.3%, including

10400SB3222ham002 - 7 - LRB104 19119 BDA 38710 a
tetrahydrocannabinolic acid and any other cannabinoids with
similar effects on humans or animals as tetrahydrocannabinol.
"Land area" means a farm, as defined in Section 1-60 of the
Property Tax Code, in this State or land or facilities under
the control of an institution of higher education.
"Person" means any individual, corporation, government or
governmental subdivision or agency, business trust, estate,
trust, partnership, association, or any other entity.
Section 10. Prohibitions on the sale and distribution of
hemp products.
(a) No person may distribute or sell cannabis, hemp,
industrial hemp, or any product derived from cannabis, hemp,
or industrial hemp in this State, except as authorized under
the Cannabis Regulation and Tax Act, the Compassionate Use of
Medical Cannabis Act, or this Act, unless the product meets
the definition of a "final consumer hemp cannabinoid product"
or an "industrial hemp product".
(b) No person may manufacture or produce any product
derived from hemp or industrial hemp without first obtaining
an industrial hemp processor registration or a hemp product
manufacturer license under this Act.
Section 15. Cannabinoid lists.
(a) The following lists shall be used to determine what is
hemp and what products qualify as a final consumer hemp

10400SB3222ham002 - 8 - LRB104 19119 BDA 38710 a
cannabinoid product under this Act:
(1) Cannabinoids that are considered capable of being
naturally produced by a Cannabis sativa L. plant:
(A) Cannabigerol (CBG), which includes, but is not
limited to:
(i) CBGA (Cannabigerolic acid);
(ii) CBG (Cannabigerol);
(iii) CBGVA (Cannabigerovarinic acid);
(iv) CBGV (Cannabigerovarin);
(B) Cannabidiol (CBD), which includes, but is not
limited to:
(i) CBDA (Cannabidiolic acid);
(ii) CBD (Cannabidiol);
(iii) CBDVA (Cannabidivarinic acid);
(iv) CBDV (Cannabidivarin);
(C) Delta 9-Tetrahydrocannabinol (THC), which
includes, but is not limited to:
(i) THCA (Delta 9-Tetrahydrocannabinolic
acid);
(ii) Delta 9-THC (Delta
9-Tetrahydrocannabinol);
(iii) THCVA (Tetrahydrocannabivarinic acid);
(iv) THCV (Tetrahydrocannabivarin);
(v) THCP (Tetrahydrocannabiphorol);
(D) Cannabichromene (CBC), which includes, but is
not limited to:

10400SB3222ham002 - 9 - LRB104 19119 BDA 38710 a
(i) CBCA (Cannabichromenic acid);
(ii) CBC (Cannabichromene);
(iii) CBCVA (Cannabichromevarinic acid);
(iv) CBCV (Cannabichromevarin);
(E) Natural degradation and artifact subclasses,
which include, but are not limited to:
(i) CBN (Cannabinol);
(ii) CBNA (Cannabinolic acid);
(iii) CBLA (Cannabicyclolic acid);
(iv) CBL (Cannabicyclol);
(v) CBE (Cannabielsoin);
(vi) CBT (Cannabitriol);
(vii) HHC (Hexahydrocannabinol);
(F) Minor natural isomers and trace compounds,
which include, but are not limited to:
(i) Delta-8 THC (Delta
8-Tetrahydrocannabinol);
(ii) Delta-10 THC (Delta
10-Tetrahydrocannabinol);
(iii) exo-THC (Delta
9,11-Tetrahydrocannabinol);
(iv) THCA (Tetrahydrocannabinolic acid);
(v) THC-C1 (Tetrahydrocannabiorcol); and
(G) All cannabinoids that appear on a list of
cannabinoids that are known to the federal Food and
Drug Administration to be capable of being naturally

10400SB3222ham002 - 10 - LRB104 19119 BDA 38710 a
produced by a Cannabis sativa L. plant, as reflected
in peer reviewed literature, and that is published by
the federal Food and Drug Administration pursuant to 7
U.S.C. 1639o.
(2) Cannabinoids that are tetrahydrocannabinol class
cannabinoids known to be naturally occurring in the
Cannabis sativa L. plant:
(A) THCA (Delta 9-Tetrahydrocannabinolic acid);
(B) THC (Delta 9-Tetrahydrocannabinol);
(C) THCV (Tetrahydrocannabivarin);
(D) THCVA (Tetrahydrocannabivarin acid);
(E) THCP (Tetrahydrocannabiphorol); and
(F) All tetrahydrocannabinol class cannabinoids
that appear on a list of tetrahydrocannabinol class
cannabinoids that are known to the federal Food and
Drug Administration to be naturally occurring in the
Cannabis sativa L. plant and that are published by the
federal Food and Drug Administration pursuant to 7
U.S.C. 1639o.
(3) Cannabinoids that are known to have similar
effects to, or marketed to have similar effects to,
tetrahydrocannabinol class cannabinoids:
(A) Delta-5 THC (Delta-5 tetrahydrocannabinol);
(B) Delta-6 THC (Delta-6 tetrahydrocannabinol);
(C) Delta-7 THC (Delta 7-Tetrahydrocannabinol);
(D) Delta-8 THC (Delta 8-Tetrahydrocannabinol);

10400SB3222ham002 - 11 - LRB104 19119 BDA 38710 a
(E) Delta-10 THC (Delta 10-Tetrahydrocannabinol);
(F) Delta-6a10a THC (often sold as Delta-3 THC);
(G) Delta 10a THC (Delta 10-Tetrahydrocannabinol
acid);
(H) Delta-11 THC (Delta-11tetrahydrocannabinol)
(I) HHC (Hexahydrocannabinol);
(J) HHCP (Hexahydrocannabiphorol);
(K) HHCH (Hexahydrocannabihexol);
(L) exo-THC (Delta 9,11-Tetrahydrocannabinol);
(M) THCP (Tetrahydrocannabiphorol);
(N) THCB (Tetrahydrocannabutol);
(O) THCH (Tetrahydrocannabihexol);
(P) THC-O-Acetate (Delta-9-Tetrahydrocannabinol
acetate, THC-O/ATHC);
(Q) HHC-O-Acetate (Hexahydrocannabinol O acetate,
HHC-O);
(R) THCP-O
(Delta-9-Tetrahydrocannabiphorol-O-acetate);
(S) THCJD (Tetrahydrocannabioctyl); and
(T) All tetrahydrocannabinol class cannabinoids
that appear on a list of cannabinoids that are known to
the federal Food and Drug Administration to have
similar effects to, or marketed to have similar
effects to, tetrahydrocannabinol class cannabinoids
and that is published by the federal Food and Drug
Administration pursuant to 7 U.S.C. 1639o.

10400SB3222ham002 - 12 - LRB104 19119 BDA 38710 a
(b) The Department, by rule, may add, change, or remove
any of the items included in the lists established in this
Section.
(c) The Department shall publish any updates to the list,
including any federal additions, on its website.
Section 20. Hemp and industrial hemp cultivation.
(a) No person shall cultivate hemp or industrial hemp in
this State without a hemp cultivation license issued by the
Department.
(b) An application for a cultivation license shall
include:
(1) the name and address of the applicant; and
(2) the legal description of the land area to be used
to cultivate hemp, including Global Positioning System
coordinates.
(c) The Department may determine, by rule, the duration of
a cultivation license, applicable license fees, and the
requirements for license renewal.
(d) The Department shall submit to the Secretary of the
United States Department of Agriculture a hemp production plan
under which the Department monitors and regulates the
cultivation of hemp and industrial hemp in this State. The
Department shall adopt rules incorporating the hemp production
plan, including application and licensing requirements.
(e) The Department may conduct inspections of hemp

10400SB3222ham002 - 13 - LRB104 19119 BDA 38710 a
cultivation licensees at the Department's discretion.
(f) The Department shall adopt rules necessary for the
administration and enforcement of this Act in accordance with
all applicable State and federal laws and regulations,
including rules governing standards and criteria for licensure
and registration, payment of applicable fees, required
signage, and forms required for the administration of this
Act.
(g) The Department shall adopt rules for the testing of
hemp THC levels and the disposal of plant matter exceeding
lawful THC levels, including an option for a cultivator to
request a retest for a minor violation, with the retest
threshold determined by the Department and set by rule.
(h) The Department may impose fines, not to exceed
$10,000, on hemp cultivation licensees for violations of this
Act and rules.
(i) The Department's rules that are related to the
cultivation of industrial hemp and adopted under the
Industrial Hemp Act shall remain in effect until superseded by
rules adopted under this Act. Upon the effective date of this
Act, hemp cultivation licensees under the Industrial Hemp Act
shall be automatically licensed under this Act subject to the
existing renewal period.
Section 25. Industrial hemp processing.
(a) Any person that processes or handles raw industrial

10400SB3222ham002 - 14 - LRB104 19119 BDA 38710 a
hemp plant material to create a product not intended for human
or animal consumption shall obtain an industrial hemp
processor registration. The license application shall be on a
form prescribed by the Department and shall contain the name
of the licensee, the location of the processing facility, and
a list of products to be produced by the industrial hemp
processor.
(b) The Department may adopt rules regulating industrial
hemp processing. The Department may also inspect industrial
hemp processing facilities and, if necessary, collect samples
for testing at its discretion.
(c) An industrial hemp processor shall only create
products derived from industrial hemp and shall not create any
product that contains cannabinoids. The Department may revoke
the license of an industrial hemp processor that violates this
subsection.
(d) An industrial hemp processor license shall be valid
for 2 years and shall be subject to a fee of $200.
(e) Industrial hemp processor registrants under the
Industrial Hemp Act shall be required to obtain an industrial
hemp processor license or a hemp product manufacturing license
under this Act. Industrial hemp processor registrants under
the Industrial Hemp Act may request a prorated refund of the
registration fee submitted under that Act.
Section 30. Intermediate hemp products and hemp product

10400SB3222ham002 - 15 - LRB104 19119 BDA 38710 a
manufacturing.
(a) Any person that processes or handles hemp (other than
industrial hemp) or intermediate hemp-derived cannabinoid
products shall obtain a hemp product manufacturer license from
the Department.
(b) Hemp product manufacturers shall obtain hemp only from
hemp growers licensed by the United States Department of
Agriculture or an approved State or tribal hemp program and
may only produce products that are permitted to be sold under
federal or State law. Hemp product manufacturers shall not
sell any products that do not comply with the requirements of
the jurisdiction in which they are sold.
(c) A hemp product manufacturer shall only produce
products that meet the definition of hemp, intermediate
hemp-derived cannabinoid product, or final consumer hemp
cannabinoid product. A hemp product manufacturer shall not
create artificially derived cannabinoids.
(d) An application for licensure shall be submitted to the
Department on a form prescribed by the Department and shall
include, but shall not be limited to:
(1) the entity name, address, email address, and
telephone number of the applicant;
(2) identification of the facility to be used;
separate licenses are required for separate facilities;
(3) a copy of the applicable local zoning ordinance
and verification that the facility location is not in an

10400SB3222ham002 - 16 - LRB104 19119 BDA 38710 a
area zoned for residential use and complies with local
zoning rules and distance limitations established by the
local jurisdiction;
(4) identification of an authorized point of contact
for interactions with the Department; and
(5) a list of all operations and processes to be
conducted at the facility; licensees shall keep this list
current at all times.
(e) The Department shall inspect the facility to assess
whether the facility is suitable for operations prior to
issuing a license. A license is valid only for the location
listed in the application. A new application is required for
each new location.
(f) A hemp product manufacturer shall operate under the
supervision of a food service sanitation manager certified by
the Department of Public Health.
(g) The facility shall be in compliance with the Illinois
Food, Drug, and Cosmetic Act, the Sanitary Food Preparation
Act, and the Food Handling Regulation Enforcement Act.
(h) A hemp product manufacturer may perform hemp
extraction to create hemp concentrate that meets the
definition of an intermediate hemp-derived cannabinoid product
upon approval by the Department. The hemp product manufacturer
shall provide in its application and keep up to date all
methods of extraction and concentration that the manufacturer
will use and identify the chemicals, if any, that will be used.

10400SB3222ham002 - 17 - LRB104 19119 BDA 38710 a
All extraction methods and chemicals shall be approved by the
Department. The Department shall adopt rules regulating hemp
extraction, which shall include, at a minimum, an annual
inspection by a professional engineer. Extraction equipment
and processing sites shall be designed, installed, and
maintained in accordance with codes of recognized and
generally accepted good engineering practices, such as the
National Fire Protection Association (NFPA), International
Fire Code (IFC), American Society of Mechanical Engineers
(ASME), and Underwriters Laboratories (UL).
(i) A hemp product manufacturer must comply with State and
local building, fire, and zoning codes, requirements, and
regulations.
(j) The Department may adopt rules that set facility
standards and specifications, application requirements,
production standards, security requirements, and any other
requirements to ensure a safe and compliant facility.
(k) Hemp product manufacturing licenses shall be valid for
2 years and be subject to a license fee of $5,000. The
Department shall waive the fee for any public institution of
higher education, as defined in the Public Higher Education
Act.
(l) The Department may impose fines, not to exceed
$10,000, on hemp product manufacturers for violation of this
Act and rules.

10400SB3222ham002 - 18 - LRB104 19119 BDA 38710 a
Section 35. Final consumer hemp products.
(a) All final consumer hemp cannabinoid products
distributed, sold, or offered for sale in this State shall
meet the following minimum requirements:
(1) the product shall meet the definition of "final
consumer hemp cannabinoid product";
(2) the product shall not contain liquor, wine, beer,
or cider, or otherwise meet the definition of "alcoholic
liquor" under the Liquor Control Act of 1934;
(3) the product shall not contain tobacco or nicotine;
(4) the product shall consist of a consumable or
topical product, such as an edible food or beverage, and
shall not be intended to be smoked or vaped or otherwise
meet the definition of electronic cigarette as defined by
the Tobacco Products Tax Act of 1995;
(5) the product shall contain only ingredients that
are generally recognized as safe (GRAS) for use in food or
are approved food additives under the Federal Food, Drug,
and Cosmetic Act, unless otherwise authorized by the
Department by rule; and
(6) the product shall be prepackaged and shall not be
added to food or any other consumable product at the point
of sale.
(b) Prior to sale to the public, a representative sample
of each lot shall be tested by a laboratory approved by the
Department under the Cannabis Regulation and Tax Act. The

10400SB3222ham002 - 19 - LRB104 19119 BDA 38710 a
representative sample shall be tested for all tests required
under 8 Ill. Admin. Code 1300.700, or the Department may set
alternative testing standards by rule under this Act. The
Department may also conduct testing of any product purported
to be a final consumer hemp cannabinoid product. A current
certificate of analysis shall be made available to the
Department, to any retailer carrying the product, and to
consumers via a scannable code or link on the product label.
(c) Every hemp-derived product offered for sale shall bear
a label containing, at a minimum:
(1) the product name;
(2) the net weight or volume;
(3) a complete and accurate list of all ingredients in
descending order of predominance;
(4) the identity and quantity of each cannabinoid
present in the product at a level above 0.4 milligrams,
expressed in milligrams per serving and per container;
(5) the number of servings per container;
(6) the batch or lot number;
(7) the name, business address, and contact
information of the manufacturer or distributor;
(8) an expiration or use by date; and
(9) a quick response (QR) or equivalent scannable code
or website linking to the certificate of analysis for the
batch.
The Department may make modifications and additions to

10400SB3222ham002 - 20 - LRB104 19119 BDA 38710 a
these requirements by rule.
(d) All final hemp consumer cannabinoid products shall be
sold in a container as defined by this Act. Each container
shall be individually wrapped or packaged at the original
point of preparation. Any product containing hemp shall be
packaged in a sealed, child-resistant container that complies
with current standards, including the Consumer Product Safety
Commission standards referenced in the federal Poison
Prevention Packaging Act or any other requirement set by the
Department by rule.
(e) Labels and Packaging must not contain information
that:
(1) is false or misleading or includes a
representation that the product is a cannabis product;
(2) promotes excessive consumption;
(3) includes any image designed or likely to appeal to
minors, including cartoons, fruit, toys, animals, or
children, or any other likeness to images, characters, or
phrases used to advertise to children;
(4) imitates the trade dress, name, or packaging of
any commercial non-cannabis or non-hemp food, candy,
beverage, or product primarily marketed to children;
(5) contains any seal, flag, crest, coat of arms, or
other insignia likely to mislead a purchaser into
believing the product has been endorsed, made, or used by
the State of Illinois or any of its representatives,

10400SB3222ham002 - 21 - LRB104 19119 BDA 38710 a
except where authorized by this Act;
(6) misstates or omits cannabinoid content or
ingredients; or
(7) makes health claims.
(f) Labeling and packaging requirements may be modified by
the Department by rule.
(g) The Department may issue a mandatory recall for any
product or product line found to be in violation of any
provision of this Section.
Section 40. Violations.
(a) A person or retailer that sells, offers for sale,
distributes, or holds for sale a final consumer hemp
cannabinoid product that does not comply with any requirement
of this Act or any rule adopted under this Act commits a
violation of this Act. Products derived from the plant
Cannabis sativa L. that do not meet the definition of hemp or
hemp-derived cannabinoid product are considered cannabis as
defined by the Cannabis Regulation and Tax Act and Cannabis
Control Act. Nothing in this Act limits the authority of any
other State agency or unit of local government to inspect a
person or retailer subject to this Act or to enforce other
applicable laws.
(b) The Department of Agriculture, Department of Financial
and Professional Regulation, Department of Public Health,
Illinois State Police, Department of Revenue, and the unit of

10400SB3222ham002 - 22 - LRB104 19119 BDA 38710 a
local government where the premises are located may, during
ordinary business hours, enter and inspect any premises where
hemp-derived cannabinoid products or final consumer hemp
cannabinoid products are sold, offered for sale, stored, or
distributed. Refusal to permit inspection constitutes a
separate violation subject to a fine under Section 45.
Section 45. Penalties. Upon a finding that a person or
retailer has violated this Act, the Department may impose
fines as follows:
(1) for a first violation within a 24-month period, a
fine not to exceed $500;
(2) for a second violation within a 24-month period, a
fine not to exceed $750; and
(3) for a third or subsequent violation within a
24-month period, a fine not to exceed $1,000.
Fines imposed under this subsection are in addition to,
and not in lieu of, any other civil, criminal, or
administrative remedy available under this Act or any other
law. All penalties collected shall be deposited into the
Illinois Hemp Regulatory Fund.
Section 50. Cease and desist orders; mandatory recalls;
consumer fraud.
(a) The Director may issue a cease and desist order to any
person doing business without the required license or when in

10400SB3222ham002 - 23 - LRB104 19119 BDA 38710 a
the opinion of the Director the person is violating or is about
to violate any provision of this Act or any rule or requirement
imposed in writing by the Department, including the sale of
products not in compliance with this Act. The cease and desist
order permitted by this Section may be issued before a
hearing.
(b) The Director shall serve notice of the Director's
action, including, but not limited to, a statement of the
reasons for the action, either personally, or by certified
mail, or by regular mail. Service by certified or regular mail
shall be deemed completed when the notice is deposited in the
U.S. Mail.
(c) Within 10 calendar days after service of the cease and
desist order, the licensee or other person may request a
hearing in writing. The Director shall schedule a hearing
within 90 days after the request for a hearing unless
otherwise agreed to by the parties.
(d) If it is determined that the Director had the
authority to issue the cease and desist order, the Director
may issue such orders as may be reasonably necessary to
correct, eliminate, or remedy the conduct.
(e) The Director may seek to compel compliance with the
Cease and Desist Order in the circuit court through the
Attorney General's Office. Any person in violation of a cease
and desist order issued by the Department is subject to all
penalties provided by law.

10400SB3222ham002 - 24 - LRB104 19119 BDA 38710 a
(f) The powers vested in the Director by this Section are
in addition to any and all other powers and remedies vested in
the Director by law, and nothing in this Section shall be
construed as requiring that the Director shall employ the
power conferred in this Section instead of or as a condition
precedent to the exercise of any other power or remedy vested
in the Director.
(g) Whenever the Department issues a mandatory recall
under this Act, every person or retailer in possession of the
recalled product shall, within the time specified in the
recall order, remove the product from sale, segregate it from
compliant inventory, and either return it to the manufacturer
or distributor or hold it for destruction in accordance with
Department instructions. A person or retailer that fails to
comply with a mandatory recall order is subject to a civil
penalty under rules adopted by the Department for each day the
violation continues, and each non-compliant product retained
in violation of the order constitutes a separate violation.
(h) When a product recalled under this Section has been
finally determined by the Department to be non-compliant, the
Director may petition the circuit court of the county in which
the product is located for an order condemning the product and
directing its destruction or other lawful disposition at the
expense of the person or retailer in possession.
(i) The Department may adopt rules necessary to administer
and enforce this Section, including rules establishing a

10400SB3222ham002 - 25 - LRB104 19119 BDA 38710 a
schedule of presumptive civil penalties, procedures for
stop-sale orders and embargoes, standards for manufacturer
certifications of compliance, and procedures for mandatory
recalls.
(j) The Attorney General may also enforce a violation of
this Act as an unlawful practice under the Consumer Fraud and
Deceptive Business Practices Act.
Section 55. Illinois Hemp Regulatory Fund. There is
created in the State treasury a special fund to be known as the
Illinois Hemp Regulatory Fund. All fees and fines collected by
the Department under this Act shall be deposited into the
Fund. Moneys in the Illinois Hemp Regulatory Fund shall be
used by the Department for the purposes of implementing,
administering, and enforcing this Act.
Notwithstanding any other provision of law, in addition to
any other transfers that may be provided by law, on November
12, 2026, or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Industrial Hemp
Regulatory Fund into the Illinois Hemp Regulatory Fund. Upon
completion of the transfers, the Industrial Hemp Regulatory
Fund is dissolved, and any future deposits due to that Fund and
any outstanding obligations or liabilities of that Fund pass
to the Illinois Hemp Regulatory Fund.

10400SB3222ham002 - 26 - LRB104 19119 BDA 38710 a
Section 60. Immunity. Except for willful or wanton
misconduct, a person employed by the Department shall not be
subject to criminal or civil liability for taking any action
under this Act within the scope of his or her employment.
Representation and indemnification of Department employees
shall be provided as set forth in Section 2 of the State
Employee Indemnification Act.
Section 65. Construction.
(a) Nothing in this Act shall be construed to authorize
any person to violate any federal rule, regulation, or law.
If, as of November 13, 2026, this Act conflicts with the
statutory text of 7 U.S.C. 1639p, the federal provision, as of
November 13, 2026, shall control to the extent of the
conflict.
(b) Nothing in this Act shall prohibit the transportation
or shipment of hemp or hemp products produced in accordance
with subtitle G of the Agricultural Marketing Act of 1946 (7
U.S.C. 1639o et seq.) through the State.
Section 70. Home Rule. A home rule unit may not regulate
hemp in a manner less restrictive than the regulation of hemp
under this Act. This Section is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and
functions exercised by the State.

10400SB3222ham002 - 27 - LRB104 19119 BDA 38710 a
Section 100. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Section 2105-117 as follows:
(20 ILCS 2105/2105-117)
Sec. 2105-117. Confidentiality. All information collected
by the Department in the course of an examination or
investigation of a licensee, registrant, or applicant,
including, but not limited to, any complaint against a
licensee or registrant filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department may not disclose the
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Director, the Office of the
Executive Inspector General, or a party presenting a lawful
subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law
enforcement agency, including the Office of the Executive
Inspector General, shall not be disclosed by the agency for
any purpose to any other agency or person, except as necessary
to those involved in enforcing the State Officials and
Employees Ethics Act. A formal complaint filed against a
licensee or registrant by the Department or any order issued

10400SB3222ham002 - 28 - LRB104 19119 BDA 38710 a
by the Department against a licensee, registrant, or applicant
shall be a public record, except as otherwise prohibited by
law.
(Source: P.A. 99-227, eff. 8-3-15.)
Section 105. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
(Text of Section before amendment by P.A. 104-459)
Sec. 5.2. Expungement, sealing, and immediate sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the following Sections of the
Unified Code of Corrections:
Business Offense, Section 5-1-2.
Charge, Section 5-1-3.
Court, Section 5-1-6.
Defendant, Section 5-1-7.
Felony, Section 5-1-9.
Imprisonment, Section 5-1-10.
Judgment, Section 5-1-12.
Misdemeanor, Section 5-1-14.

10400SB3222ham002 - 29 - LRB104 19119 BDA 38710 a
Offense, Section 5-1-15.
Parole, Section 5-1-16.
Petty Offense, Section 5-1-17.
Probation, Section 5-1-18.
Sentence, Section 5-1-19.
Supervision, Section 5-1-21.
Victim, Section 5-1-22.
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by Section 5-1-3
of the Unified Code of Corrections) brought against a
defendant where the defendant is not arrested prior to
or as a direct result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered
by a legally constituted jury or by a court of
competent jurisdiction authorized to try the case
without a jury. An order of supervision successfully
completed by the petitioner is not a conviction. An
order of qualified probation (as defined in subsection
(a)(1)(J)) successfully completed by the petitioner is
not a conviction. An order of supervision or an order
of qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is

10400SB3222ham002 - 30 - LRB104 19119 BDA 38710 a
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders

10400SB3222ham002 - 31 - LRB104 19119 BDA 38710 a
of qualified probation terminate on the same day and
are last in time, they shall be collectively
considered the "last sentence" regardless of whether
they were ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(G-5) "Minor Cannabis Offense" means a violation
of Section 4 or 5 of the Cannabis Control Act
concerning not more than 60 30 grams of any substance
containing cannabis, provided the violation did not
include a penalty enhancement under Section 7 of the
Cannabis Control Act and is not associated with an
arrest, conviction or other disposition for a violent
crime as defined in subsection (c) of Section 3 of the
Rights of Crime Victims and Witnesses Act.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner
was charged or for which the petitioner was arrested
and released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief
under this Section.
(J) "Qualified probation" means an order of

10400SB3222ham002 - 32 - LRB104 19119 BDA 38710 a
probation under Section 10 of the Cannabis Control
Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, or Section 10
of the Steroid Control Act. For the purpose of this
Section, "successful completion" of an order of
qualified probation under Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Substance Use Disorder Act means
that the probation was terminated satisfactorily and
the judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act, but any index issued by the circuit court clerk

10400SB3222ham002 - 33 - LRB104 19119 BDA 38710 a
before the entry of the order to seal shall not be
affected.
(L) "Sexual offense committed against a minor"
includes, but is not limited to, the offenses of
indecent solicitation of a child or criminal sexual
abuse when the victim of such offense is under 18 years
of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section. A sentence is terminated notwithstanding any
outstanding financial legal obligation.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the

10400SB3222ham002 - 34 - LRB104 19119 BDA 38710 a
final satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the
law enforcement agency issuing the citation. Commencing
180 days after July 29, 2016 (the effective date of Public
Act 99-697), the clerk of the circuit court shall expunge,
upon order of the court, or in the absence of a court order
on or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of
Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a

10400SB3222ham002 - 35 - LRB104 19119 BDA 38710 a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar
provision of a local ordinance, that occurred prior to
the offender reaching the age of 25 years and the
offender has no other conviction for violating Section
11-501 or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance,
except Section 11-14 and a misdemeanor violation
of Section 11-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision
of a local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a

10400SB3222ham002 - 36 - LRB104 19119 BDA 38710 a
local ordinance;
(iii) Section 12-3.1 or 12-3.2 of the Criminal
Code of 1961 or the Criminal Code of 2012, or
Section 125 of the Stalking No Contact Order Act,
or Section 219 of the Civil No Contact Order Act,
or a similar provision of a local ordinance;
(iv) Class A misdemeanors or felony offenses
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) (blank).
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)
acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.

10400SB3222ham002 - 37 - LRB104 19119 BDA 38710 a
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(A-5) In anticipation of the successful completion
of a problem-solving court, pre-plea diversion, or
post-plea diversion program, a petition for
expungement may be filed 61 days before the
anticipated dismissal of the case or any time
thereafter. Upon successful completion of the program
and dismissal of the case, the court shall review the
petition of the person graduating from the program and
shall grant expungement if the petitioner meets all
requirements as specified in any applicable statute.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,

10400SB3222ham002 - 38 - LRB104 19119 BDA 38710 a
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or
a similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of

10400SB3222ham002 - 39 - LRB104 19119 BDA 38710 a
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Illinois State
Police for persons arrested prior to their 17th birthday
shall be expunged as provided in Section 5-915 of the
Juvenile Court Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Illinois State Police, other criminal justice agencies,
the prosecutor, and the trial court concerning such
arrest, if any, by removing his or her name from all such
records in connection with the arrest and conviction, if

10400SB3222ham002 - 40 - LRB104 19119 BDA 38710 a
any, and by inserting in the records the name of the
offender, if known or ascertainable, in lieu of the
aggrieved's name. The records of the circuit court clerk
shall be sealed until further order of the court upon good
cause shown and the name of the aggrieved person
obliterated on the official index required to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act, but the order shall not affect any index
issued by the circuit court clerk before the entry of the
order. Nothing in this Section shall limit the Illinois
State Police or other criminal justice agencies or
prosecutors from listing under an offender's name the
false names he or she has used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Illinois State Police concerning the offense shall
not be sealed. The court, upon good cause shown, shall

10400SB3222ham002 - 41 - LRB104 19119 BDA 38710 a
make the records of the circuit court clerk in connection
with the proceedings of the trial court concerning the
offense available for public inspection.
(6) If a conviction has been set aside on direct
review or on collateral attack and the court determines by
clear and convincing evidence that the petitioner was
factually innocent of the charge, the court that finds the
petitioner factually innocent of the charge shall enter an
expungement order for the conviction for which the
petitioner has been determined to be innocent as provided
in subsection (b) of Section 5-5-4 of the Unified Code of
Corrections.
(7) Nothing in this Section shall prevent the Illinois
State Police from maintaining all records of any person
who is admitted to probation upon terms and conditions and
who fulfills those terms and conditions pursuant to
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Substance Use Disorder Act, or Section 10 of the
Steroid Control Act.

10400SB3222ham002 - 42 - LRB104 19119 BDA 38710 a
(8) If the petitioner has been granted a certificate
of innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and
of minors prosecuted as adults. Subsection (g) of this
Section provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless

10400SB3222ham002 - 43 - LRB104 19119 BDA 38710 a
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions unless otherwise
excluded by subsection (a) paragraph (3) of this
Section.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsections (c)(2)(A) and (c)(2)(B) may be sealed at
any time.
(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last

10400SB3222ham002 - 44 - LRB104 19119 BDA 38710 a
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)). Convictions requiring public
registration under the Arsonist Registry Act, the Sex
Offender Registration Act, or the Murderer and Violent
Offender Against Youth Registration Act may not be
sealed until the petitioner is no longer required to
register under that relevant Act.
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or
(c)(2)(F) may be sealed upon termination of the
petitioner's last sentence if the petitioner earned a
high school diploma, associate's degree, career
certificate, vocational technical certification, or
bachelor's degree, or passed the high school level
Test of General Educational Development, during the
period of his or her sentence or mandatory supervised
release. This subparagraph shall apply only to a
petitioner who has not completed the same educational

10400SB3222ham002 - 45 - LRB104 19119 BDA 38710 a
goal prior to the period of his or her sentence or
mandatory supervised release. If a petition for
sealing eligible records filed under this subparagraph
is denied by the court, the time periods under
subparagraph (B) or (C) shall apply to any subsequent
petition for sealing filed by the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent
felony offense, order the unsealing of prior felony
conviction records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for
the sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the

10400SB3222ham002 - 46 - LRB104 19119 BDA 38710 a
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. From August 9,
2019 (the effective date of Public Act 101-306) through
December 31, 2020, in a county of 3,000,000 or more
inhabitants, no fee shall be required to be paid by a
petitioner if the records sought to be expunged or sealed
were arrests resulting in release without charging or
arrests or charges not initiated by arrest resulting in
acquittal, dismissal, or conviction when the conviction
was reversed or vacated, unless excluded by subsection
(a)(3)(B). The provisions of this paragraph (1.5), other
than this sentence, are inoperative on and after January
1, 2022.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the

10400SB3222ham002 - 47 - LRB104 19119 BDA 38710 a
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph
(10) of subsection (a) of Section 3-3-2 of the Unified
Code of Corrections, the certificate shall be attached to
the petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has taken within 30
days before the filing of the petition a test showing the
absence within his or her body of all illegal substances
as defined by the Illinois Controlled Substances Act and
the Methamphetamine Control and Community Protection Act
if he or she is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified
probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on

10400SB3222ham002 - 48 - LRB104 19119 BDA 38710 a
the State's Attorney or prosecutor charged with the duty
of prosecuting the offense, the Illinois State Police, the
arresting agency and the chief legal officer of the unit
of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the
basis of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Illinois State Police, the arresting agency, or the

10400SB3222ham002 - 49 - LRB104 19119 BDA 38710 a
chief legal officer files an objection to the petition
to expunge or seal within 60 days from the date of
service of the petition, the court shall enter an
order granting or denying the petition.
(C) Notwithstanding any other provision of law,
the court shall not deny a petition for sealing under
this Section because the petitioner has not satisfied
an outstanding legal financial obligation established,
imposed, or originated by a court, law enforcement
agency, or a municipal, State, county, or other unit
of local government, including, but not limited to,
any cost, assessment, fine, or fee. An outstanding
legal financial obligation does not include any court
ordered restitution to a victim under Section 5-5-6 of
the Unified Code of Corrections, unless the
restitution has been converted to a civil judgment.
Nothing in this subparagraph (C) waives, rescinds, or
abrogates a legal financial obligation or otherwise
eliminates or affects the right of the holder of any
financial obligation to pursue collection under
applicable federal, State, or local law.
(D) Notwithstanding any other provision of law,
the court shall not deny a petition to expunge or seal
under this Section because the petitioner has
submitted a drug test taken within 30 days before the
filing of the petition to expunge or seal that

10400SB3222ham002 - 50 - LRB104 19119 BDA 38710 a
indicates a positive test for the presence of cannabis
within the petitioner's body. In this subparagraph
(D), "cannabis" has the meaning ascribed to it in
Section 3 of the Cannabis Control Act.
(7) Hearings. If an objection is filed, the court
shall set a date for a hearing and notify the petitioner
and all parties entitled to notice of the petition of the
hearing date at least 30 days prior to the hearing. Prior
to the hearing, the State's Attorney shall consult with
the Illinois State Police as to the appropriateness of the
relief sought in the petition to expunge or seal. At the
hearing, the court shall hear evidence on whether the
petition should or should not be granted, and shall grant
or deny the petition to expunge or seal the records based
on the evidence presented at the hearing. The court may
consider the following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the

10400SB3222ham002 - 51 - LRB104 19119 BDA 38710 a
petitioner may be subject to if the petition is
denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Illinois State Police, in a form and
manner prescribed by the Illinois State Police, to the
petitioner, to the State's Attorney or prosecutor charged
with the duty of prosecuting the offense, to the arresting
agency, to the chief legal officer of the unit of local
government effecting the arrest, and to such other
criminal justice agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Illinois State Police, and any other agency as
ordered by the court, within 60 days of the date of
service of the order, unless a motion to vacate,
modify, or reconsider the order is filed pursuant
to paragraph (12) of subsection (d) of this
Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the

10400SB3222ham002 - 52 - LRB104 19119 BDA 38710 a
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Illinois State Police, or
the agency receiving such inquiry, shall reply as
it does in response to inquiries when no records
ever existed.
(B) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk

10400SB3222ham002 - 53 - LRB104 19119 BDA 38710 a
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Illinois State Police, or
the agency receiving such inquiry shall reply as
it does in response to inquiries when no records
ever existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined

10400SB3222ham002 - 54 - LRB104 19119 BDA 38710 a
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any

10400SB3222ham002 - 55 - LRB104 19119 BDA 38710 a
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for these
records from anyone not authorized by law to
access the records, the court, the Illinois State
Police, or the agency receiving the inquiry shall
reply as it does in response to inquiries when no
records ever existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Illinois State Police,
and the court shall seal the records (as defined in
subsection (a)(1)(K)). In response to an inquiry for
such records, from anyone not authorized by law to
access such records, the court, the Illinois State
Police, or the agency receiving such inquiry shall
reply as it does in response to inquiries when no
records ever existed.
(D) The Illinois State Police shall send written
notice to the petitioner of its compliance with each
order to expunge or seal records within 60 days of the
date of service of that order or, if a motion to
vacate, modify, or reconsider is filed, within 60 days
of service of the order resolving the motion, if that
order requires the Illinois State Police to expunge or
seal records. In the event of an appeal from the

10400SB3222ham002 - 56 - LRB104 19119 BDA 38710 a
circuit court order, the Illinois State Police shall
send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(E) Upon motion, the court may order that a sealed
judgment or other court record necessary to
demonstrate the amount of any legal financial
obligation due and owing be made available for the
limited purpose of collecting any legal financial
obligations owed by the petitioner that were
established, imposed, or originated in the criminal
proceeding for which those records have been sealed.
The records made available under this subparagraph (E)
shall not be entered into the official index required
to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act and shall be immediately
re-impounded upon the collection of the outstanding
financial obligations.
(F) Notwithstanding any other provision of this
Section, a circuit court clerk may access a sealed
record for the limited purpose of collecting payment
for any legal financial obligations that were

10400SB3222ham002 - 57 - LRB104 19119 BDA 38710 a
established, imposed, or originated in the criminal
proceedings for which those records have been sealed.
(10) Fees. The Illinois State Police may charge the
petitioner a fee equivalent to the cost of processing any
order to expunge or seal records. Notwithstanding any
provision of the Clerks of Courts Act to the contrary, the
circuit court clerk may charge a fee equivalent to the
cost associated with the sealing or expungement of records
by the circuit court clerk. From the total filing fee
collected for the petition to seal or expunge, the circuit
court clerk shall deposit $10 into the Circuit Court Clerk
Operation and Administrative Fund, to be used to offset
the costs incurred by the circuit court clerk in
performing the additional duties required to serve the
petition to seal or expunge on all parties. The circuit
court clerk shall collect and remit the Illinois State
Police portion of the fee to the State Treasurer and it
shall be deposited in the State Police Services Fund. If
the record brought under an expungement petition was
previously sealed under this Section, the fee for the
expungement petition for that same record shall be waived.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.

10400SB3222ham002 - 58 - LRB104 19119 BDA 38710 a
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this
Section shall not be considered void because it fails to
comply with the provisions of this Section or because of
any error asserted in a motion to vacate, modify, or
reconsider. The circuit court retains jurisdiction to
determine whether the order is voidable and to vacate,
modify, or reconsider its terms based on a motion filed
under paragraph (12) of this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to
notice of the petition must fully comply with the terms of
the order within 60 days of service of the order even if a

10400SB3222ham002 - 59 - LRB104 19119 BDA 38710 a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records
until there is a final order on the motion for relief or,
in the case of an appeal, the issuance of that court's
mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5,
2013 (the effective date of Public Act 98-163) and to all
orders ruling on a petition to expunge or seal on or after
August 5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official

10400SB3222ham002 - 60 - LRB104 19119 BDA 38710 a
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Illinois State Police may be disseminated by the Illinois
State Police only to the arresting authority, the State's
Attorney, and the court upon a later arrest for the same or
similar offense or for the purpose of sentencing for any
subsequent felony. Upon conviction for any subsequent offense,
the Department of Corrections shall have access to all sealed
records of the Illinois State Police pertaining to that
individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in

10400SB3222ham002 - 61 - LRB104 19119 BDA 38710 a
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Illinois State Police be sealed
until further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for any
subsequent offense, the Department of Corrections shall have
access to all sealed records of the Illinois State Police
pertaining to that individual. Upon entry of the order of
sealing, the circuit court clerk shall promptly mail a copy of
the order to the person who was granted the certificate of
eligibility for sealing.
(e-6) Whenever a person who has been convicted of an

10400SB3222ham002 - 62 - LRB104 19119 BDA 38710 a
offense is granted a certificate of eligibility for
expungement by the Prisoner Review Board which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the petitioner's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the
petitioner obliterated from the official index requested to be
kept by the circuit court clerk under Section 16 of the Clerks
of Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for any
subsequent offense, the Department of Corrections shall have
access to all expunged records of the Illinois State Police

10400SB3222ham002 - 63 - LRB104 19119 BDA 38710 a
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a
copy of the order to the person who was granted the certificate
of eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of
the Illinois Department of Corrections, records of the
Illinois Department of Employment Security shall be utilized
as appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.
(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date

10400SB3222ham002 - 64 - LRB104 19119 BDA 38710 a
of Public Act 100-282), may be sealed immediately if the
petition is filed with the circuit court clerk on the same
day and during the same hearing in which the case is
disposed.
(3) When Records are Eligible to be Immediately
Sealed. Eligible records under paragraph (2) of this
subsection (g) may be sealed immediately after entry of
the final disposition of a case, notwithstanding the
disposition of other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).
(A) Filing the Petition. Upon entry of the final
disposition of the case, the defendant's attorney may
immediately petition the court, on behalf of the
defendant, for immediate sealing of eligible records
under paragraph (2) of this subsection (g) that are
entered on or after January 1, 2018 (the effective
date of Public Act 100-282). The immediate sealing
petition may be filed with the circuit court clerk
during the hearing in which the final disposition of

10400SB3222ham002 - 65 - LRB104 19119 BDA 38710 a
the case is entered. If the defendant's attorney does
not file the petition for immediate sealing during the
hearing, the defendant may file a petition for sealing
at any time as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting
authority if applicable, and other information as the
court may require.
(C) Drug Test. The petitioner shall not be
required to attach proof that he or she has passed a
drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.
(E) Entry of Order. The presiding trial judge
shall enter an order granting or denying the petition
for immediate sealing during the hearing in which it
is filed. Petitions for immediate sealing shall be
ruled on in the same hearing in which the final
disposition of the case is entered.
(F) Hearings. The court shall hear the petition
for immediate sealing on the same day and during the

10400SB3222ham002 - 66 - LRB104 19119 BDA 38710 a
same hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Illinois State Police shall comply with
paragraph (1) of subsection (d) of this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Illinois State
Police may file a motion to vacate, modify, or
reconsider the order denying the petition to
immediately seal within 60 days of service of the
order. If filed more than 60 days after service of the
order, a petition to vacate, modify, or reconsider
shall comply with subsection (c) of Section 2-1401 of
the Code of Civil Procedure.
(L) Effect of Order. An order granting an

10400SB3222ham002 - 67 - LRB104 19119 BDA 38710 a
immediate sealing petition shall not be considered
void because it fails to comply with the provisions of
this Section or because of an error asserted in a
motion to vacate, modify, or reconsider. The circuit
court retains jurisdiction to determine whether the
order is voidable, and to vacate, modify, or
reconsider its terms based on a motion filed under
subparagraph (L) of this subsection (g).
(M) Compliance with Order Granting Petition to
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(h) Sealing or vacation and expungement of trafficking
victims' crimes.
(1) A trafficking victim, as defined by paragraph (10)
of subsection (a) of Section 10-9 of the Criminal Code of
2012, may petition for vacation and expungement or
immediate sealing of his or her criminal record upon the
completion of his or her last sentence if his or her
participation in the underlying offense was a result of
human trafficking under Section 10-9 of the Criminal Code
of 2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(1.5) A petition under paragraph (1) shall be

10400SB3222ham002 - 68 - LRB104 19119 BDA 38710 a
prepared, signed, and filed in accordance with Supreme
Court Rule 9. The court may allow the petitioner to attend
any required hearing remotely in accordance with local
rules. The court may allow a petition to be filed under
seal if the public filing of the petition would constitute
a risk of harm to the petitioner.
(2) A petitioner under this subsection (h), in
addition to the requirements provided under paragraph (4)
of subsection (d) of this Section, shall include in his or
her petition a clear and concise statement that: (A) he or
she was a victim of human trafficking at the time of the
offense; and (B) that his or her participation in the
offense was a result of human trafficking under Section
10-9 of the Criminal Code of 2012 or a severe form of
trafficking under the federal Trafficking Victims
Protection Act.
(3) If an objection is filed alleging that the
petitioner is not entitled to vacation and expungement or
immediate sealing under this subsection (h), the court
shall conduct a hearing under paragraph (7) of subsection
(d) of this Section and the court shall determine whether
the petitioner is entitled to vacation and expungement or
immediate sealing under this subsection (h). A petitioner
is eligible for vacation and expungement or immediate
relief under this subsection (h) if he or she shows, by a
preponderance of the evidence, that: (A) he or she was a

10400SB3222ham002 - 69 - LRB104 19119 BDA 38710 a
victim of human trafficking at the time of the offense;
and (B) that his or her participation in the offense was a
result of human trafficking under Section 10-9 of the
Criminal Code of 2012 or a severe form of trafficking
under the federal Trafficking Victims Protection Act.
(i) Minor Cannabis Offenses under the Cannabis Control
Act.
(1) Expungement of Arrest Records of Minor Cannabis
Offenses.
(A) The Illinois State Police and all law
enforcement agencies within the State shall
automatically expunge all criminal history records of
an arrest, charge not initiated by arrest, order of
supervision, or order of qualified probation for a
Minor Cannabis Offense committed prior to June 25,
2019 (the effective date of Public Act 101-27) if:
(i) One year or more has elapsed since the
date of the arrest or law enforcement interaction
documented in the records; and
(ii) No criminal charges were filed relating
to the arrest or law enforcement interaction or
criminal charges were filed and subsequently
dismissed or vacated or the arrestee was
acquitted.
(B) If the law enforcement agency is unable to
verify satisfaction of condition (ii) in paragraph

10400SB3222ham002 - 70 - LRB104 19119 BDA 38710 a
(A), records that satisfy condition (i) in paragraph
(A) shall be automatically expunged.
(C) Records shall be expunged by the law
enforcement agency under the following timelines:
(i) Records created prior to June 25, 2019
(the effective date of Public Act 101-27), but on
or after January 1, 2013, shall be automatically
expunged prior to January 1, 2021;
(ii) Records created prior to January 1, 2013,
but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2023;
(iii) Records created prior to January 1, 2000
shall be automatically expunged prior to January
1, 2025.
In response to an inquiry for expunged records,
the law enforcement agency receiving such inquiry
shall reply as it does in response to inquiries when no
records ever existed; however, it shall provide a
certificate of disposition or confirmation that the
record was expunged to the individual whose record was
expunged if such a record exists.
(D) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged except as otherwise may
be provided in this Act, or diminish or abrogate any
rights or remedies otherwise available to the

10400SB3222ham002 - 71 - LRB104 19119 BDA 38710 a
individual.
(2) Pardons Authorizing Expungement of Minor Cannabis
Offenses.
(A) Upon June 25, 2019 (the effective date of
Public Act 101-27), the Department of State Police
shall review all criminal history record information
and identify all records that meet all of the
following criteria:
(i) one or more convictions for a Minor
Cannabis Offense;
(ii) the conviction identified in paragraph
(2)(A)(i) did not include a penalty enhancement
under Section 7 of the Cannabis Control Act; and
(iii) the conviction identified in paragraph
(2)(A)(i) is not associated with a conviction for
a violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and
Witnesses Act.
(B) Within 180 days after June 25, 2019 (the
effective date of Public Act 101-27), the Department
of State Police shall notify the Prisoner Review Board
of all such records that meet the criteria established
in paragraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by State Police in

10400SB3222ham002 - 72 - LRB104 19119 BDA 38710 a
paragraph (2)(A) that is classified as a Class 4
felony. The State's Attorney may provide a written
objection to the Prisoner Review Board on the sole
basis that the record identified does not meet the
criteria established in paragraph (2)(A). Such an
objection must be filed within 60 days or by such
later date set by the Prisoner Review Board in the
notice after the State's Attorney received notice
from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to
evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the
Governor as to whether to grant a pardon
authorizing expungement for each of the records
identified by the Department of State Police as
described in paragraph (2)(A).
(C) If an individual has been granted a pardon
authorizing expungement as described in this Section,
the Prisoner Review Board, through the Attorney
General, shall file a petition for expungement with
the Chief Judge of the circuit or any judge of the
circuit designated by the Chief Judge where the

10400SB3222ham002 - 73 - LRB104 19119 BDA 38710 a
individual had been convicted. Such petition may
include more than one individual. Whenever an
individual who has been convicted of an offense is
granted a pardon by the Governor that specifically
authorizes expungement, an objection to the petition
may not be filed. Petitions to expunge under this
subsection (i) may include more than one individual.
Within 90 days of the filing of such a petition, the
court shall enter an order expunging the records of
arrest from the official records of the arresting
authority and order that the records of the circuit
court clerk and the Illinois State Police be expunged
and the name of the defendant obliterated from the
official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for
the offense for which the individual had received a
pardon but the order shall not affect any index issued
by the circuit court clerk before the entry of the
order. Upon entry of the order of expungement, the
circuit court clerk shall promptly provide a copy of
the order and a certificate of disposition to the
individual who was pardoned to the individual's last
known address or by electronic means (if available) or
otherwise make it available to the individual upon
request.

10400SB3222ham002 - 74 - LRB104 19119 BDA 38710 a
(D) Nothing in this Section is intended to
diminish or abrogate any rights or remedies otherwise
available to the individual.
(3) Any individual may file a motion to vacate and
expunge a conviction for a misdemeanor or Class 4 felony
violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge. The circuit court clerk
shall promptly serve a copy of the motion to vacate and
expunge, and any supporting documentation, on the State's
Attorney or prosecutor charged with the duty of
prosecuting the offense. When considering such a motion to
vacate and expunge, a court shall consider the following:
the reasons to retain the records provided by law
enforcement, the petitioner's age, the petitioner's age at
the time of offense, the time since the conviction, and
the specific adverse consequences if denied. An individual
may file such a petition after the completion of any
non-financial sentence or non-financial condition imposed
by the conviction. Within 60 days of the filing of such
motion, a State's Attorney may file an objection to such a
petition along with supporting evidence. If a motion to
vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and

10400SB3222ham002 - 75 - LRB104 19119 BDA 38710 a
(d)(9)(A) of this Section. An agency providing civil legal
aid, as defined by Section 15 of the Public Interest
Attorney Assistance Act, assisting individuals seeking to
file a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may include
more than one individual. Motions filed by an agency
providing civil legal aid concerning more than one
individual may be prepared, presented, and signed
electronically.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a misdemeanor or Class 4
felony violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and may include more than
one individual. Motions filed by a State's Attorney
concerning more than one individual may be prepared,
presented, and signed electronically. When considering
such a motion to vacate and expunge, a court shall
consider the following: the reasons to retain the records
provided by law enforcement, the individual's age, the
individual's age at the time of offense, the time since
the conviction, and the specific adverse consequences if

10400SB3222ham002 - 76 - LRB104 19119 BDA 38710 a
denied. Upon entry of an order granting a motion to vacate
and expunge records pursuant to this Section, the State's
Attorney shall notify the Prisoner Review Board within 30
days. Upon entry of the order of expungement, the circuit
court clerk shall promptly provide a copy of the order and
a certificate of disposition to the individual whose
records will be expunged to the individual's last known
address or by electronic means (if available) or otherwise
make available to the individual upon request. If a motion
to vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section.
(5) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(6) If a person is arrested for a Minor Cannabis
Offense as defined in this Section before June 25, 2019
(the effective date of Public Act 101-27) and the person's
case is still pending but a sentence has not been imposed,
the person may petition the court in which the charges are
pending for an order to summarily dismiss those charges
against him or her, and expunge all official records of
his or her arrest, plea, trial, conviction, incarceration,
supervision, or expungement. If the court determines, upon
review, that: (A) the person was arrested before June 25,

10400SB3222ham002 - 77 - LRB104 19119 BDA 38710 a
2019 (the effective date of Public Act 101-27) for an
offense that has been made eligible for expungement; (B)
the case is pending at the time; and (C) the person has not
been sentenced of the minor cannabis violation eligible
for expungement under this subsection, the court shall
consider the following: the reasons to retain the records
provided by law enforcement, the petitioner's age, the
petitioner's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. If a motion to dismiss and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(7) A person imprisoned solely as a result of one or
more convictions for Minor Cannabis Offenses under this
subsection (i) shall be released from incarceration upon
the issuance of an order under this subsection.
(8) The Illinois State Police shall allow a person to
use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to Minor Cannabis Offenses of the
Cannabis Control Act eligible under this Section have been
expunged.
(9) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(10) Effect of Expungement. A person's right to

10400SB3222ham002 - 78 - LRB104 19119 BDA 38710 a
expunge an expungeable offense shall not be limited under
this Section. The effect of an order of expungement shall
be to restore the person to the status he or she occupied
before the arrest, charge, or conviction.
(11) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (i).
(j) Felony Prostitution Convictions.
(1) Automatic Sealing of Felony Prostitution Arrests.
(A) The Illinois State Police and local law
enforcement agencies within the State shall
automatically seal the law enforcement records
relating to a person's Class 4 felony arrests and
charges not initiated by arrest for prostitution if
that arrest or charge not initiated by arrest is
eligible for sealing under paragraph (2) of subsection
(c).
(B) In the absence of a court order or upon the
order of a court, the clerk of the circuit court shall
automatically seal the court records and case files
relating to a person's Class 4 felony arrests and
charges not initiated by arrest for prostitution if
that arrest or charge not initiated by arrest is
eligible for sealing under paragraph (2) of subsection
(c).
(C) The automatic sealing described in this

10400SB3222ham002 - 79 - LRB104 19119 BDA 38710 a
paragraph (1) shall be completed no later than January
1, 2028.
(2) Automatic Sealing of Felony Prostitution
Convictions.
(A) The Illinois State Police and local law
enforcement agencies within the State shall
automatically seal the law enforcement records
relating to a person's Class 4 felony conviction for
prostitution if those records are eligible for sealing
under paragraph (2) of subsection (c).
(B) In the absence of a court order or upon the
order of a court, the clerk of the circuit court shall
automatically seal the court records relating to a
person's Class 4 felony conviction for prostitution if
those records are eligible for sealing under paragraph
(2) of subsection (c).
(C) The automatic sealing of records described in
this paragraph (2) shall be completed no later than
January 1, 2028.
(3) Motions to Vacate and Expunge Felony Prostitution
Convictions. Any individual may file a motion to vacate
and expunge a conviction for a prior Class 4 felony
violation of prostitution. Motions to vacate and expunge
under this subsection (j) may be filed with the circuit
court, Chief Judge of a judicial circuit, or any judge of
the circuit designated by the Chief Judge. When

10400SB3222ham002 - 80 - LRB104 19119 BDA 38710 a
considering the motion to vacate and expunge, a court
shall consider the following:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
and
(D) the time since the conviction, and the
specific adverse consequences if denied. An individual
may file the petition after the completion of any
sentence or condition imposed by the conviction.
Within 60 days of the filing of the motion, a State's
Attorney may file an objection to the petition along
with supporting evidence. If a motion to vacate and
expunge is granted, the records shall be expunged in
accordance with subparagraph (d)(9)(A) of this
Section. An agency providing civil legal aid, as
defined in Section 15 of the Public Interest Attorney
Assistance Act, assisting individuals seeking to file
a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may
include more than one individual.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a Class 4 felony violation of

10400SB3222ham002 - 81 - LRB104 19119 BDA 38710 a
prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
court designated by the Chief Judge, and may include more
than one individual. When considering the motion to vacate
and expunge, a court shall consider the following reasons:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
(D) the time since the conviction; and
(E) the specific adverse consequences if denied.
If the State's Attorney files a motion to vacate and
expunge records for felony prostitution convictions
pursuant to this Section, the State's Attorney shall
notify the Prisoner Review Board within 30 days of the
filing. If a motion to vacate and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(5) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(6) The Illinois State Police shall allow a person to
a use the access and review process, established in the
Illinois State Police, for verifying that his or her

10400SB3222ham002 - 82 - LRB104 19119 BDA 38710 a
records relating to felony prostitution eligible under
this Section have been expunged.
(7) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(8) Effect of Expungement. A person's right to expunge
an expungeable offense shall not be limited under this
Section. The effect of an order of expungement shall be to
restore the person to the status he or she occupied before
the arrest, charge, or conviction.
(9) Information. The Illinois State Police shall post
general information on its website about the expungement
or sealing process described in this subsection (j).
(Source: P.A. 103-35, eff. 1-1-24; 103-154, eff. 6-30-23;
103-609, eff. 7-1-24; 103-755, eff. 8-2-24; 103-1071, eff.
7-1-25; 104-417, eff. 8-15-25; revised 1-20-26.)
(Text of Section after amendment by P.A. 104-459)
Sec. 5.2. Expungement, sealing, and immediate sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the following Sections of the
Unified Code of Corrections:

10400SB3222ham002 - 83 - LRB104 19119 BDA 38710 a
Business Offense, Section 5-1-2.
Charge, Section 5-1-3.
Court, Section 5-1-6.
Defendant, Section 5-1-7.
Felony, Section 5-1-9.
Imprisonment, Section 5-1-10.
Judgment, Section 5-1-12.
Misdemeanor, Section 5-1-14.
Offense, Section 5-1-15.
Parole, Section 5-1-16.
Petty Offense, Section 5-1-17.
Probation, Section 5-1-18.
Sentence, Section 5-1-19.
Supervision, Section 5-1-21.
Victim, Section 5-1-22.
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by Section 5-1-3
of the Unified Code of Corrections) brought against a
defendant where the defendant is not arrested prior to
or as a direct result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered
by a legally constituted jury or by a court of
competent jurisdiction authorized to try the case
without a jury. An order of supervision successfully

10400SB3222ham002 - 84 - LRB104 19119 BDA 38710 a
completed by the petitioner is not a conviction. An
order of qualified probation (as defined in subsection
(a)(1)(J)) successfully completed by the petitioner is
not a conviction. An order of supervision or an order
of qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of

10400SB3222ham002 - 85 - LRB104 19119 BDA 38710 a
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively
considered the "last sentence" regardless of whether
they were ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(G-5) "Minor Cannabis Offense" means a violation
of Section 4 or 5 of the Cannabis Control Act
concerning not more than 60 30 grams of any substance
containing cannabis, provided the violation did not
include a penalty enhancement under Section 7 of the
Cannabis Control Act and is not associated with an
arrest, conviction or other disposition for a violent
crime as defined in subsection (c) of Section 3 of the
Rights of Crime Victims and Witnesses Act.
(H) "Municipal ordinance violation" means an

10400SB3222ham002 - 86 - LRB104 19119 BDA 38710 a
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner
was charged or for which the petitioner was arrested
and released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief
under this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control
Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, or Section 10
of the Steroid Control Act. For the purpose of this
Section, "successful completion" of an order of
qualified probation under Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Substance Use Disorder Act means
that the probation was terminated satisfactorily and
the judgment of conviction was vacated.
(K) (i) Except as provided in subdivision (ii),

10400SB3222ham002 - 87 - LRB104 19119 BDA 38710 a
"seal" means to physically and electronically maintain
the records, unless the records would otherwise be
destroyed due to age, but to make the records
unavailable without a court order, subject to the
exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act, but any index issued by the circuit court clerk
before the entry of the order to seal shall not be
affected.
(ii) For records subject to relief under
subsection (k) of this Section, "seal" means to
physically and electronically maintain the records,
unless the records would otherwise be destroyed due to
age, but to have the records impounded, as defined in
paragraph (2) of subsection (b) of Section 5 of the
Court Record and Document Accessibility Act. The
defendant's name shall also be obliterated from the
official index required to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act. Upon request, and without court order, the
circuit court clerk shall provide to the Illinois
State Police the disposition information for any
record that was ordered to be sealed or impounded
pursuant to this Section.

10400SB3222ham002 - 88 - LRB104 19119 BDA 38710 a
(L) "Sexual offense committed against a minor"
includes, but is not limited to, the offenses of
indecent solicitation of a child or criminal sexual
abuse when the victim of such offense is under 18 years
of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section. A sentence is terminated notwithstanding any
outstanding financial legal obligation.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the
final satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement

10400SB3222ham002 - 89 - LRB104 19119 BDA 38710 a
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the
law enforcement agency issuing the citation. Commencing
180 days after July 29, 2016 (the effective date of Public
Act 99-697), the clerk of the circuit court shall expunge,
upon order of the court, or in the absence of a court order
on or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of
Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of

10400SB3222ham002 - 90 - LRB104 19119 BDA 38710 a
subsection (a) of Section 11-503 or a similar
provision of a local ordinance, that occurred prior to
the offender reaching the age of 25 years and the
offender has no other conviction for violating Section
11-501 or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance,
except Section 11-14 and a misdemeanor violation
of Section 11-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision
of a local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Section 12-3.1 or 12-3.2 of the Criminal

10400SB3222ham002 - 91 - LRB104 19119 BDA 38710 a
Code of 1961 or the Criminal Code of 2012, or
Section 125 of the Stalking No Contact Order Act,
or Section 219 of the Civil No Contact Order Act,
or a similar provision of a local ordinance;
(iv) Class A misdemeanors or felony offenses
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) (blank).
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)
acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the petitioner has

10400SB3222ham002 - 92 - LRB104 19119 BDA 38710 a
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(A-5) In anticipation of the successful completion
of a problem-solving court, pre-plea diversion, or
post-plea diversion program, a petition for
expungement may be filed 61 days before the
anticipated dismissal of the case or any time
thereafter. Upon successful completion of the program
and dismissal of the case, the court shall review the
petition of the person graduating from the program and
shall grant expungement if the petitioner meets all
requirements as specified in any applicable statute.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in

10400SB3222ham002 - 93 - LRB104 19119 BDA 38710 a
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or
a similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision
of a local ordinance, that occurred prior to the
petitioner reaching the age of 25 years and the
petitioner has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by

10400SB3222ham002 - 94 - LRB104 19119 BDA 38710 a
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Illinois State
Police for persons arrested prior to their 17th birthday
shall be expunged as provided in Section 5-915 of the
Juvenile Court Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Illinois State Police, other criminal justice agencies,
the prosecutor, and the trial court concerning such
arrest, if any, by removing his or her name from all such
records in connection with the arrest and conviction, if
any, and by inserting in the records the name of the
petitioner, if known or ascertainable, in lieu of the

10400SB3222ham002 - 95 - LRB104 19119 BDA 38710 a
aggrieved's name. The records of the circuit court clerk
shall be sealed until further order of the court upon good
cause shown and the name of the aggrieved person
obliterated on the official index required to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act, but the order shall not affect any index
issued by the circuit court clerk before the entry of the
order. Nothing in this Section shall limit the Illinois
State Police or other criminal justice agencies or
prosecutors from listing under a petitioner's name the
false names he or she has used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Illinois State Police concerning the offense shall
not be sealed. The court, upon good cause shown, shall
make the records of the circuit court clerk in connection
with the proceedings of the trial court concerning the

10400SB3222ham002 - 96 - LRB104 19119 BDA 38710 a
offense available for public inspection.
(6) If a conviction has been set aside on direct
review or on collateral attack and the court determines by
clear and convincing evidence that the petitioner was
factually innocent of the charge, the court that finds the
petitioner factually innocent of the charge shall enter an
expungement order for the conviction for which the
petitioner has been determined to be innocent as provided
in subsection (b) of Section 5-5-4 of the Unified Code of
Corrections.
(7) Nothing in this Section shall prevent the Illinois
State Police from maintaining all records of any person
who is admitted to probation upon terms and conditions and
who fulfills those terms and conditions pursuant to
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Substance Use Disorder Act, or Section 10 of the
Steroid Control Act.
(8) If the petitioner has been granted a certificate
of innocence under Section 2-702 of the Code of Civil

10400SB3222ham002 - 97 - LRB104 19119 BDA 38710 a
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and
of minors prosecuted as adults. Subsection (g) of this
Section provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(C-5) Arrests or charges not initiated by arrest

10400SB3222ham002 - 98 - LRB104 19119 BDA 38710 a
resulting in orders of qualified probation;
(D) Arrests or charges not initiated by arrest
resulting in convictions with sentences of conditional
discharge or probation, completed without revocation
by the petitioner, unless otherwise excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in misdemeanor convictions not included in
subsection (c)(2)(D), including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3); and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions not included in
subsection (c)(2)(D) unless otherwise excluded by
subsection (a)(3).
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsections (c)(2)(A) and (c)(2)(B) may be sealed at
any time.
(B) Records identified as eligible under
subsection (c)(2)(C), (c)(2)(C-5), (c)(2)(D), or
(c)(2)(E) may be sealed 2 years after the termination
of petitioner's last sentence (as defined in
subsection (a)(1)(F)).

10400SB3222ham002 - 99 - LRB104 19119 BDA 38710 a
(C) Except as otherwise provided in subparagraphs
(B) and (E) of this paragraph (3), records identified
as eligible under subsection (c)(2)(F) may be sealed 3
years after the termination of the petitioner's last
sentence (as defined in subsection (a)(1)(F)).
Convictions requiring public registration under the
Arsonist Registry Act, the Sex Offender Registration
Act, or the Murderer and Violent Offender Against
Youth Registration Act may not be sealed until the
petitioner is no longer required to register under
that relevant Act.
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsection (c)(2)(F) may be sealed upon termination of
the petitioner's last sentence if the petitioner
earned a high school diploma, associate's degree,
career certificate, vocational technical
certification, or bachelor's degree, or passed the
high school level Test of General Educational
Development, during the period of his or her sentence
or mandatory supervised release. This subparagraph
shall apply only to a petitioner who has not completed
the same educational goal prior to the period of his or
her sentence or mandatory supervised release. If a

10400SB3222ham002 - 100 - LRB104 19119 BDA 38710 a
petition for sealing eligible records filed under this
subparagraph is denied by the court, the time periods
under subparagraph (C) shall apply to any subsequent
petition for sealing filed by the petitioner.
(4) (Blank).
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for
the sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. From August 9,

10400SB3222ham002 - 101 - LRB104 19119 BDA 38710 a
2019 (the effective date of Public Act 101-306) through
December 31, 2020, in a county of 3,000,000 or more
inhabitants, no fee shall be required to be paid by a
petitioner if the records sought to be expunged or sealed
were arrests resulting in release without charging or
arrests or charges not initiated by arrest resulting in
acquittal, dismissal, or conviction when the conviction
was reversed or vacated, unless excluded by subsection
(a)(3)(B). The provisions of this paragraph (1.5), other
than this sentence, are inoperative on and after January
1, 2022.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph
(10) of subsection (a) of Section 3-3-2 of the Unified
Code of Corrections, the certificate shall be attached to
the petition.
(3) (Blank).

10400SB3222ham002 - 102 - LRB104 19119 BDA 38710 a
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on
the State's Attorney or prosecutor charged with the duty
of prosecuting the offense, the Illinois State Police, the
arresting agency, and, for municipal ordinance violations,
the chief legal officer of the unit of local government
effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the
basis of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the

10400SB3222ham002 - 103 - LRB104 19119 BDA 38710 a
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Illinois State Police, the arresting agency, or the
chief legal officer files an objection to the petition
to expunge or seal within 60 days from the date of
service of the petition, the court shall enter an
order granting or denying the petition.
(C) Notwithstanding any other provision of law,
the court shall not deny a petition for sealing under
this Section because the petitioner has not satisfied
an outstanding legal financial obligation established,
imposed, or originated by a court, law enforcement
agency, or a municipal, State, county, or other unit
of local government, including, but not limited to,
any cost, assessment, fine, or fee. An outstanding
legal financial obligation does not include any court
ordered restitution to a victim under Section 5-5-6 of
the Unified Code of Corrections, unless the
restitution has been converted to a civil judgment.
Nothing in this subparagraph (C) waives, rescinds, or
abrogates a legal financial obligation or otherwise
eliminates or affects the right of the holder of any
financial obligation to pursue collection under
applicable federal, State, or local law.
(D) (Blank).

10400SB3222ham002 - 104 - LRB104 19119 BDA 38710 a
(7) Hearings. If an objection is filed, the court
shall set a date for a hearing and notify the petitioner
and all parties entitled to notice of the petition of the
hearing date at least 30 days prior to the hearing. Prior
to the hearing, the State's Attorney shall consult with
the Illinois State Police as to the appropriateness of the
relief sought in the petition to expunge or seal. At the
hearing, the court shall hear evidence on whether the
petition should or should not be granted, and shall grant
or deny the petition to expunge or seal the records based
on the evidence presented at the hearing. The court may
consider the following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is
denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of

10400SB3222ham002 - 105 - LRB104 19119 BDA 38710 a
the order to the Illinois State Police, in a form and
manner prescribed by the Illinois State Police, to the
petitioner, to the State's Attorney or prosecutor charged
with the duty of prosecuting the offense, to the arresting
agency, to the chief legal officer of the unit of local
government effecting the arrest for municipal ordinance
violations, and to such other criminal justice agencies as
may be ordered by the court. The disposition information
for each case or record ordered expunged, sealed, or
impounded shall be attached to the order provided to the
Illinois State Police.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Illinois State Police, and any other agency as
ordered by the court, within 60 days of the date of
service of the order, unless a motion to vacate,
modify, or reconsider the order is filed pursuant
to paragraph (12) of subsection (d) of this
Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the

10400SB3222ham002 - 106 - LRB104 19119 BDA 38710 a
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Illinois State Police, or
the agency receiving such inquiry, shall reply as
it does in response to inquiries when no records
ever existed.
(B) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk

10400SB3222ham002 - 107 - LRB104 19119 BDA 38710 a
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Illinois State Police, or
the agency receiving such inquiry shall reply as
it does in response to inquiries when no records
ever existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined

10400SB3222ham002 - 108 - LRB104 19119 BDA 38710 a
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any

10400SB3222ham002 - 109 - LRB104 19119 BDA 38710 a
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for these
records from anyone not authorized by law to
access the records, the court, the Illinois State
Police, or the agency receiving the inquiry shall
reply as it does in response to inquiries when no
records ever existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Illinois State Police,
and the court shall seal the records (as defined in
subsection (a)(1)(K)). In response to an inquiry for
such records, from anyone not authorized by law to
access such records, the court, the Illinois State
Police, or the agency receiving such inquiry shall
reply as it does in response to inquiries when no
records ever existed.
(D) The Illinois State Police shall send written
notice to the petitioner of its compliance with each
order to expunge or seal records within 60 days of the
date of service of that order or, if a motion to
vacate, modify, or reconsider is filed, within 60 days
of service of the order resolving the motion, if that
order requires the Illinois State Police to expunge or
seal records. In the event of an appeal from the

10400SB3222ham002 - 110 - LRB104 19119 BDA 38710 a
circuit court order, the Illinois State Police shall
send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(E) Upon motion, the court may order that a sealed
judgment or other court record necessary to
demonstrate the amount of any legal financial
obligation due and owing be made available for the
limited purpose of collecting any legal financial
obligations owed by the petitioner that were
established, imposed, or originated in the criminal
proceeding for which those records have been sealed.
The records made available under this subparagraph (E)
shall not be entered into the official index required
to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act and shall be immediately
re-impounded upon the collection of the outstanding
financial obligations.
(F) Notwithstanding any other provision of this
Section, a circuit court clerk may access a sealed
record for the limited purpose of collecting payment
for any legal financial obligations that were

10400SB3222ham002 - 111 - LRB104 19119 BDA 38710 a
established, imposed, or originated in the criminal
proceedings for which those records have been sealed.
(10) Fees. The Illinois State Police may charge the
petitioner a fee equivalent to the cost of processing any
order to expunge or seal records. Notwithstanding any
provision of the Clerks of Courts Act to the contrary, the
circuit court clerk may charge a fee equivalent to the
cost associated with the sealing or expungement of records
by the circuit court clerk. From the total filing fee
collected for the petition to seal or expunge, the circuit
court clerk shall deposit $10 into the Circuit Court Clerk
Operation and Administrative Fund, to be used to offset
the costs incurred by the circuit court clerk in
performing the additional duties required to serve the
petition to seal or expunge on all parties. The circuit
court clerk shall collect and remit the Illinois State
Police portion of the fee to the State Treasurer and it
shall be deposited in the State Police Services Fund. If
the record brought under an expungement petition was
previously sealed under this Section, the fee for the
expungement petition for that same record shall be waived.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.

10400SB3222ham002 - 112 - LRB104 19119 BDA 38710 a
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this
Section shall not be considered void because it fails to
comply with the provisions of this Section or because of
any error asserted in a motion to vacate, modify, or
reconsider. The circuit court retains jurisdiction to
determine whether the order is voidable and to vacate,
modify, or reconsider its terms based on a motion filed
under paragraph (12) of this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to
notice of the petition must fully comply with the terms of
the order within 60 days of service of the order even if a

10400SB3222ham002 - 113 - LRB104 19119 BDA 38710 a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records
until there is a final order on the motion for relief or,
in the case of an appeal, the issuance of that court's
mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5,
2013 (the effective date of Public Act 98-163) and to all
orders ruling on a petition to expunge or seal on or after
August 5, 2013 (the effective date of Public Act 98-163).
(17) Upon request, and without court order, the
circuit court clerk shall provide the disposition
information for any record that was ordered to be sealed
or impounded pursuant to this Section to the Illinois
State Police.
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition

10400SB3222ham002 - 114 - LRB104 19119 BDA 38710 a
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Illinois State Police may be disseminated by the Illinois
State Police only to the arresting authority, the State's
Attorney, and the court upon a later arrest for the same or
similar offense or for the purpose of sentencing for any
subsequent felony. Upon conviction for any subsequent offense,
the Department of Corrections shall have access to all sealed
records of the Illinois State Police pertaining to that
individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an

10400SB3222ham002 - 115 - LRB104 19119 BDA 38710 a
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Illinois State Police be sealed
until further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for any
subsequent offense, the Department of Corrections shall have
access to all sealed records of the Illinois State Police

10400SB3222ham002 - 116 - LRB104 19119 BDA 38710 a
pertaining to that individual. Upon entry of the order of
sealing, the circuit court clerk shall promptly mail a copy of
the order to the person who was granted the certificate of
eligibility for sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for
expungement by the Prisoner Review Board which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the petitioner's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the
petitioner obliterated from the official index requested to be
kept by the circuit court clerk under Section 16 of the Clerks
of Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement

10400SB3222ham002 - 117 - LRB104 19119 BDA 38710 a
agency, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for any
subsequent offense, the Department of Corrections shall have
access to all expunged records of the Illinois State Police
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a
copy of the order to the person who was granted the certificate
of eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of
the Illinois Department of Corrections, records of the
Illinois Department of Employment Security shall be utilized
as appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal

10400SB3222ham002 - 118 - LRB104 19119 BDA 38710 a
records of adults and of minors prosecuted as adults.
(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date
of Public Act 100-282), may be sealed immediately if the
petition is filed with the circuit court clerk on the same
day and during the same hearing in which the case is
disposed.
(3) When Records are Eligible to be Immediately
Sealed. Eligible records under paragraph (2) of this
subsection (g) may be sealed immediately after entry of
the final disposition of a case, notwithstanding the
disposition of other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).
(A) Filing the Petition. Upon entry of the final
disposition of the case, the defendant's attorney may
immediately petition the court, on behalf of the
defendant, for immediate sealing of eligible records

10400SB3222ham002 - 119 - LRB104 19119 BDA 38710 a
under paragraph (2) of this subsection (g) that are
entered on or after January 1, 2018 (the effective
date of Public Act 100-282). The immediate sealing
petition may be filed with the circuit court clerk
during the hearing in which the final disposition of
the case is entered. If the defendant's attorney does
not file the petition for immediate sealing during the
hearing, the defendant may file a petition for sealing
at any time as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting
authority if applicable, and other information as the
court may require.
(C) Drug Test. The petitioner shall not be
required to attach proof that he or she has passed a
drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.
(E) Entry of Order. The presiding trial judge
shall enter an order granting or denying the petition
for immediate sealing during the hearing in which it

10400SB3222ham002 - 120 - LRB104 19119 BDA 38710 a
is filed. Petitions for immediate sealing shall be
ruled on in the same hearing in which the final
disposition of the case is entered.
(F) Hearings. The court shall hear the petition
for immediate sealing on the same day and during the
same hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Illinois State Police shall comply with
paragraph (1) of subsection (d) of this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Illinois State
Police may file a motion to vacate, modify, or
reconsider the order denying the petition to
immediately seal within 60 days of service of the

10400SB3222ham002 - 121 - LRB104 19119 BDA 38710 a
order. If filed more than 60 days after service of the
order, a petition to vacate, modify, or reconsider
shall comply with subsection (c) of Section 2-1401 of
the Code of Civil Procedure.
(L) Effect of Order. An order granting an
immediate sealing petition shall not be considered
void because it fails to comply with the provisions of
this Section or because of an error asserted in a
motion to vacate, modify, or reconsider. The circuit
court retains jurisdiction to determine whether the
order is voidable, and to vacate, modify, or
reconsider its terms based on a motion filed under
subparagraph (L) of this subsection (g).
(M) Compliance with Order Granting Petition to
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(h) Sealing or vacation and expungement of trafficking
victims' crimes.
(1) A trafficking victim, as defined by paragraph (10)
of subsection (a) of Section 10-9 of the Criminal Code of
2012, may petition for vacation and expungement or
immediate sealing of his or her criminal record upon the
completion of his or her last sentence if his or her

10400SB3222ham002 - 122 - LRB104 19119 BDA 38710 a
participation in the underlying offense was a result of
human trafficking under Section 10-9 of the Criminal Code
of 2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(1.5) A petition under paragraph (1) shall be
prepared, signed, and filed in accordance with Supreme
Court Rule 9. The court may allow the petitioner to attend
any required hearing remotely in accordance with local
rules. The court may allow a petition to be filed under
seal if the public filing of the petition would constitute
a risk of harm to the petitioner.
(2) A petitioner under this subsection (h), in
addition to the requirements provided under paragraph (4)
of subsection (d) of this Section, shall include in his or
her petition a clear and concise statement that: (A) he or
she was a victim of human trafficking at the time of the
offense; and (B) that his or her participation in the
offense was a result of human trafficking under Section
10-9 of the Criminal Code of 2012 or a severe form of
trafficking under the federal Trafficking Victims
Protection Act.
(3) If an objection is filed alleging that the
petitioner is not entitled to vacation and expungement or
immediate sealing under this subsection (h), the court
shall conduct a hearing under paragraph (7) of subsection
(d) of this Section and the court shall determine whether

10400SB3222ham002 - 123 - LRB104 19119 BDA 38710 a
the petitioner is entitled to vacation and expungement or
immediate sealing under this subsection (h). A petitioner
is eligible for vacation and expungement or immediate
relief under this subsection (h) if he or she shows, by a
preponderance of the evidence, that: (A) he or she was a
victim of human trafficking at the time of the offense;
and (B) that his or her participation in the offense was a
result of human trafficking under Section 10-9 of the
Criminal Code of 2012 or a severe form of trafficking
under the federal Trafficking Victims Protection Act.
(i) Minor Cannabis Offenses under the Cannabis Control
Act.
(1) Expungement of Arrest Records of Minor Cannabis
Offenses.
(A) The Illinois State Police and all law
enforcement agencies within the State shall
automatically expunge all criminal history records of
an arrest, charge not initiated by arrest, order of
supervision, or order of qualified probation for a
Minor Cannabis Offense committed prior to June 25,
2019 (the effective date of Public Act 101-27) if:
(i) One year or more has elapsed since the
date of the arrest or law enforcement interaction
documented in the records; and
(ii) No criminal charges were filed relating
to the arrest or law enforcement interaction or

10400SB3222ham002 - 124 - LRB104 19119 BDA 38710 a
criminal charges were filed and subsequently
dismissed or vacated or the arrestee was
acquitted.
(B) If the law enforcement agency is unable to
verify satisfaction of condition (ii) in paragraph
(A), records that satisfy condition (i) in paragraph
(A) shall be automatically expunged.
(C) Records shall be expunged by the law
enforcement agency under the following timelines:
(i) Records created prior to June 25, 2019
(the effective date of Public Act 101-27), but on
or after January 1, 2013, shall be automatically
expunged prior to January 1, 2021;
(ii) Records created prior to January 1, 2013,
but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2023;
(iii) Records created prior to January 1, 2000
shall be automatically expunged prior to January
1, 2025.
In response to an inquiry for expunged records,
the law enforcement agency receiving such inquiry
shall reply as it does in response to inquiries when no
records ever existed; however, it shall provide a
certificate of disposition or confirmation that the
record was expunged to the individual whose record was
expunged if such a record exists.

10400SB3222ham002 - 125 - LRB104 19119 BDA 38710 a
(D) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged except as otherwise may
be provided in this Act, or diminish or abrogate any
rights or remedies otherwise available to the
individual.
(2) Pardons Authorizing Expungement of Minor Cannabis
Offenses.
(A) Upon June 25, 2019 (the effective date of
Public Act 101-27), the Department of State Police
shall review all criminal history record information
and identify all records that meet all of the
following criteria:
(i) one or more convictions for a Minor
Cannabis Offense;
(ii) the conviction identified in paragraph
(2)(A)(i) did not include a penalty enhancement
under Section 7 of the Cannabis Control Act; and
(iii) the conviction identified in paragraph
(2)(A)(i) is not associated with a conviction for
a violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and
Witnesses Act.
(B) Within 180 days after June 25, 2019 (the
effective date of Public Act 101-27), the Department
of State Police shall notify the Prisoner Review Board

10400SB3222ham002 - 126 - LRB104 19119 BDA 38710 a
of all such records that meet the criteria established
in paragraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by State Police in
paragraph (2)(A) that is classified as a Class 4
felony. The State's Attorney may provide a written
objection to the Prisoner Review Board on the sole
basis that the record identified does not meet the
criteria established in paragraph (2)(A). Such an
objection must be filed within 60 days or by such
later date set by the Prisoner Review Board in the
notice after the State's Attorney received notice
from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to
evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the
Governor as to whether to grant a pardon
authorizing expungement for each of the records
identified by the Department of State Police as
described in paragraph (2)(A).
(C) If an individual has been granted a pardon

10400SB3222ham002 - 127 - LRB104 19119 BDA 38710 a
authorizing expungement as described in this Section,
the Prisoner Review Board, through the Attorney
General, shall file a petition for expungement with
the Chief Judge of the circuit or any judge of the
circuit designated by the Chief Judge where the
individual had been convicted. Such petition may
include more than one individual. Whenever an
individual who has been convicted of an offense is
granted a pardon by the Governor that specifically
authorizes expungement, an objection to the petition
may not be filed. Petitions to expunge under this
subsection (i) may include more than one individual.
Within 90 days of the filing of such a petition, the
court shall enter an order expunging the records of
arrest from the official records of the arresting
authority and order that the records of the circuit
court clerk and the Illinois State Police be expunged
and the name of the defendant obliterated from the
official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for
the offense for which the individual had received a
pardon but the order shall not affect any index issued
by the circuit court clerk before the entry of the
order. Upon entry of the order of expungement, the
circuit court clerk shall promptly provide a copy of

10400SB3222ham002 - 128 - LRB104 19119 BDA 38710 a
the order and a certificate of disposition to the
individual who was pardoned to the individual's last
known address or by electronic means (if available) or
otherwise make it available to the individual upon
request.
(D) Nothing in this Section is intended to
diminish or abrogate any rights or remedies otherwise
available to the individual.
(3) Any individual may file a motion to vacate and
expunge a conviction for a misdemeanor or Class 4 felony
violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge. The circuit court clerk
shall promptly serve a copy of the motion to vacate and
expunge, and any supporting documentation, on the State's
Attorney or prosecutor charged with the duty of
prosecuting the offense. When considering such a motion to
vacate and expunge, a court shall consider the following:
the reasons to retain the records provided by law
enforcement, the petitioner's age, the petitioner's age at
the time of offense, the time since the conviction, and
the specific adverse consequences if denied. An individual
may file such a petition after the completion of any
non-financial sentence or non-financial condition imposed

10400SB3222ham002 - 129 - LRB104 19119 BDA 38710 a
by the conviction. Within 60 days of the filing of such
motion, a State's Attorney may file an objection to such a
petition along with supporting evidence. If a motion to
vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section. An agency providing civil legal
aid, as defined by Section 15 of the Public Interest
Attorney Assistance Act, assisting individuals seeking to
file a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may include
more than one individual. Motions filed by an agency
providing civil legal aid concerning more than one
individual may be prepared, presented, and signed
electronically.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a misdemeanor or Class 4
felony violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and may include more than
one individual. Motions filed by a State's Attorney
concerning more than one individual may be prepared,
presented, and signed electronically. When considering

10400SB3222ham002 - 130 - LRB104 19119 BDA 38710 a
such a motion to vacate and expunge, a court shall
consider the following: the reasons to retain the records
provided by law enforcement, the individual's age, the
individual's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. Upon entry of an order granting a motion to vacate
and expunge records pursuant to this Section, the State's
Attorney shall notify the Prisoner Review Board within 30
days. Upon entry of the order of expungement, the circuit
court clerk shall promptly provide a copy of the order and
a certificate of disposition to the individual whose
records will be expunged to the individual's last known
address or by electronic means (if available) or otherwise
make available to the individual upon request. If a motion
to vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section.
(5) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(6) If a person is arrested for a Minor Cannabis
Offense as defined in this Section before June 25, 2019
(the effective date of Public Act 101-27) and the person's
case is still pending but a sentence has not been imposed,
the person may petition the court in which the charges are

10400SB3222ham002 - 131 - LRB104 19119 BDA 38710 a
pending for an order to summarily dismiss those charges
against him or her, and expunge all official records of
his or her arrest, plea, trial, conviction, incarceration,
supervision, or expungement. If the court determines, upon
review, that: (A) the person was arrested before June 25,
2019 (the effective date of Public Act 101-27) for an
offense that has been made eligible for expungement; (B)
the case is pending at the time; and (C) the person has not
been sentenced of the minor cannabis violation eligible
for expungement under this subsection, the court shall
consider the following: the reasons to retain the records
provided by law enforcement, the petitioner's age, the
petitioner's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. If a motion to dismiss and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(7) A person imprisoned solely as a result of one or
more convictions for Minor Cannabis Offenses under this
subsection (i) shall be released from incarceration upon
the issuance of an order under this subsection.
(8) The Illinois State Police shall allow a person to
use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to Minor Cannabis Offenses of the
Cannabis Control Act eligible under this Section have been

10400SB3222ham002 - 132 - LRB104 19119 BDA 38710 a
expunged.
(9) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(10) Effect of Expungement. A person's right to
expunge an expungeable offense shall not be limited under
this Section. The effect of an order of expungement shall
be to restore the person to the status he or she occupied
before the arrest, charge, or conviction.
(11) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (i).
(j) Felony Prostitution Convictions.
(1) Automatic Sealing of Felony Prostitution Arrests.
(A) The Illinois State Police and local law
enforcement agencies within the State shall
automatically seal the law enforcement records
relating to a person's Class 4 felony arrests and
charges not initiated by arrest for prostitution if
that arrest or charge not initiated by arrest is
eligible for sealing under paragraph (2) of subsection
(c).
(B) In the absence of a court order or upon the
order of a court, the clerk of the circuit court shall
automatically seal the court records and case files
relating to a person's Class 4 felony arrests and

10400SB3222ham002 - 133 - LRB104 19119 BDA 38710 a
charges not initiated by arrest for prostitution if
that arrest or charge not initiated by arrest is
eligible for sealing under paragraph (2) of subsection
(c).
(C) The automatic sealing described in this
paragraph (1) shall be completed no later than January
1, 2028.
(2) Automatic Sealing of Felony Prostitution
Convictions.
(A) The Illinois State Police and local law
enforcement agencies within the State shall
automatically seal the law enforcement records
relating to a person's Class 4 felony conviction for
prostitution if those records are eligible for sealing
under paragraph (2) of subsection (c).
(B) In the absence of a court order or upon the
order of a court, the clerk of the circuit court shall
automatically seal the court records relating to a
person's Class 4 felony conviction for prostitution if
those records are eligible for sealing under paragraph
(2) of subsection (c).
(C) The automatic sealing of records described in
this paragraph (2) shall be completed no later than
January 1, 2028.
(3) Motions to Vacate and Expunge Felony Prostitution
Convictions. Any individual may file a motion to vacate

10400SB3222ham002 - 134 - LRB104 19119 BDA 38710 a
and expunge a conviction for a prior Class 4 felony
violation of prostitution. Motions to vacate and expunge
under this subsection (j) may be filed with the circuit
court, Chief Judge of a judicial circuit, or any judge of
the circuit designated by the Chief Judge. When
considering the motion to vacate and expunge, a court
shall consider the following:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
and
(D) the time since the conviction, and the
specific adverse consequences if denied. An individual
may file the petition after the completion of any
sentence or condition imposed by the conviction.
Within 60 days of the filing of the motion, a State's
Attorney may file an objection to the petition along
with supporting evidence. If a motion to vacate and
expunge is granted, the records shall be expunged in
accordance with subparagraph (d)(9)(A) of this
Section. An agency providing civil legal aid, as
defined in Section 15 of the Public Interest Attorney
Assistance Act, assisting individuals seeking to file
a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief

10400SB3222ham002 - 135 - LRB104 19119 BDA 38710 a
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may
include more than one individual.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a Class 4 felony violation of
prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
court designated by the Chief Judge, and may include more
than one individual. When considering the motion to vacate
and expunge, a court shall consider the following reasons:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
(D) the time since the conviction; and
(E) the specific adverse consequences if denied.
If the State's Attorney files a motion to vacate and
expunge records for felony prostitution convictions
pursuant to this Section, the State's Attorney shall
notify the Prisoner Review Board within 30 days of the
filing. If a motion to vacate and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(5) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge

10400SB3222ham002 - 136 - LRB104 19119 BDA 38710 a
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(6) The Illinois State Police shall allow a person to
a use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to felony prostitution eligible under
this Section have been expunged.
(7) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(8) Effect of Expungement. A person's right to expunge
an expungeable offense shall not be limited under this
Section. The effect of an order of expungement shall be to
restore the person to the status he or she occupied before
the arrest, charge, or conviction.
(9) Information. The Illinois State Police shall post
general information on its website about the expungement
or sealing process described in this subsection (j).
(k) Automatic Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act, and cumulative with any rights to expungement
or sealing of criminal records, this subsection authorizes
the automatic sealing of criminal records of adults and of
minors prosecuted as adults. Any duties imposed upon the
Illinois State Police by this Act are subject to
appropriations being made for that purpose to the State

10400SB3222ham002 - 137 - LRB104 19119 BDA 38710 a
Police Services Fund. Any duties imposed upon circuit
clerks by this Act are subject to appropriations being
made for that purpose to the Circuit Court Clerk Operation
and Administrative Fund.
(2) Beginning January 1, 2029, records created on or
after January 1, 1970 that meet the eligibility criteria
in paragraph (k)(3) and timing criteria in paragraph
(k)(4) or (k)(5) shall be automatically sealed without the
filing of a petition. The Illinois State Police shall
identify eligible records, automatically seal eligible
records, and provide an electronic notice to circuit
clerks, by means of the applicable e-filing system.
Commencing January 1, 2029, the Illinois State Police
shall, at least quarterly, seal all records identified as
subject to automatic sealing in paragraph (k)(3) and
meeting time requirements under paragraph (k)(5). At least
quarterly, the Illinois State Police shall electronically
notify each circuit court of all previously unidentified
records originating in that county for which a record is
subject to automatic sealing pursuant to this subsection.
Upon receipt of notice from the Illinois State Police,
circuit clerks shall seal records as that term is defined
in subsection (a)(1)(K)(ii). For records held
electronically, circuit clerks shall seal records within
90 days of notice from the Illinois State Police. For
records not held electronically, circuit clerks shall

10400SB3222ham002 - 138 - LRB104 19119 BDA 38710 a
ensure that the individual's name is obliterated from the
official index required to be kept by the circuit court
clerk under Section 16 of the Clerks of Courts Act and
shall also ensure that the permanent record, as defined by
the Supreme Court, is sealed as defined in subsection
(a)(1)(K)(ii) before anyone not authorized by law is able
to access the physical records.
For all records created before January 1, 2029, the
following timelines shall apply:
(A) Records created prior to January 1, 2029 but
on or after July 1, 2005 shall be identified and sealed
by the Illinois State Police, with notice provided to
circuit clerks by means of the applicable e-filing
system, by January 1, 2030. Circuit clerks shall seal
records in accordance with the procedures established
in this Section by January 1, 2031.
(B) Records created prior to July 1, 2005 but on or
after July 1, 1990 shall be identified and sealed by
the Illinois State Police, with notice provided to
circuit clerks by means of the applicable e-filing
system, by January 1, 2031. Circuit clerks shall seal
records in accordance with the procedures established
in this Section by January 1, 2032.
(C) Records created prior to July 1, 1990 but on or
after July 1, 1970 shall be identified and sealed by
the Illinois State Police, with notice provided to

10400SB3222ham002 - 139 - LRB104 19119 BDA 38710 a
circuit clerks by means of the applicable e-filing
system, by January 1, 2032. Circuit clerks shall seal
records in accordance with the procedures established
in this Section by January 1, 2034.
(3) Records listed in subsection (c)(2) are eligible
for automatic record sealing unless excluded by subsection
(a)(3) or in this paragraph (3):
(A) Records are not eligible for automatic sealing
while the subject of the record is serving a sentence,
order of supervision, or order of qualified probation
for a criminal offense in this State. Records are not
eligible for automatic sealing if the subject of the
record has pending filed charges. For the purposes of
determining if a charge is pending, if the Illinois
State Police is otherwise unable to determine
disposition status, misdemeanor charges shall not be
considered pending if one year has elapsed since the
filing of charges and felony charges shall not be
considered pending if 7 years have elapsed since the
filing of charges.
(B) Records of conviction for offenses included in
Article 9 or 11 of the Criminal Code of 1961 or the
Criminal Code of 2012, for felonies designated as
Class X, and for felonies that require public
registration under the Sex Offender Registration Act
are not eligible for automatic sealing.

10400SB3222ham002 - 140 - LRB104 19119 BDA 38710 a
Notwithstanding this subparagraph, offenses included
in Section 11-14 of the Criminal Code of 1961 or the
Criminal Code of 2012 are eligible for automatic
sealing. A conviction of a crime of violence, as that
term is defined in Section 20 of the Drug Court
Treatment Act, is not eligible for automatic sealing.
A conviction of trafficking in persons, involuntary
servitude, or involuntary sexual servitude of a minor,
a conviction of organized retail crime, a conviction
of robbery, a conviction of vehicular hijacking, a
conviction of burglary that is a Class 1 or 2 felony,
or a conviction of residential burglary, as those
terms are used in Sections 10-9, 16-25.1, 18-1, 18-3,
19-1, and 19-3 of the Criminal Code of 2012, is not
eligible for automatic sealing. Convictions requiring
public registration under the Arsonist Registration
Act or the Murderer and Violent Offender Against Youth
Registration Act are not eligible for automatic
sealing until the petitioner is no longer required to
register under the relevant Act.
(C) Records with the same case number as a
conviction listed in subparagraph (B) are not eligible
for automatic sealing.
(D) Felony conviction records are not eligible for
automatic sealing until all felony conviction records
eligible for automatic sealing for the subject of the

10400SB3222ham002 - 141 - LRB104 19119 BDA 38710 a
record have met the time requirements in paragraph
(5).
(4) Automatic Sealing of Nonconviction Records.
Arrests or charges not initiated by arrest resulting in
acquittal or dismissal, except as excluded by subsection
(a)(3)(B), that occur on or after January 1, 2029 shall be
sealed immediately after entry of the final disposition of
a case, except as provided in subsection (k)(3)(C). Upon
entry of a disposition for an eligible record under this
paragraph, the defendant shall be informed by the court
that the defendant's eligible records will be immediately
sealed and the procedure for the immediate sealing of
these records. The court shall enter an order sealing the
record after entry of the final disposition of a case.
After sealing records pursuant to this paragraph, the
circuit court clerk must provide notice of sealing to the
Illinois State Police and to the arresting agency in a
form and manner prescribed by the Supreme Court. The
circuit clerk shall provide this notice within 30 days of
sealing the record and may do so electronically. An order
to immediately seal records shall be implemented in
conformance with paragraph (8).
(5) When Records are Subject to Automatic Sealing.
(A) Records of arrest resulting in release without
charging and records of arrests or charges not
initiated by arrest resulting in acquittal, dismissal,

10400SB3222ham002 - 142 - LRB104 19119 BDA 38710 a
or conviction when the conviction was reversed or
vacated are subject to automatic sealing immediately.
(B) Records of arrests or charges not initiated by
arrest resulting in orders of supervision, including
orders of supervision for municipal ordinance
violations, resulting in orders of qualified
probation, are subject to automatic sealing if 2 years
have elapsed since the termination of the order of
supervision or qualified probation.
(C) Arrests or charges not initiated by arrest
resulting in misdemeanor convictions are subject to
automatic sealing if two years have elapsed since the
termination of the sentence associated with the
record.
(D) Arrests or charges not initiated by arrest
resulting in convictions for felony offenses are
subject to automatic sealing if 3 years have elapsed
since the termination of the sentence associated with
the record.
(E) For the purposes of determining if the
timelines in this paragraph (5) have been met, the
Illinois State Police shall consider records in its
possession and, in the absence of disposition or
sentence termination records, shall deem sentences
terminated based on the sentence or supervision term
length information in its possession. In the absence

10400SB3222ham002 - 143 - LRB104 19119 BDA 38710 a
of a known term length of probation or conditional
discharge, the Illinois State Police shall deem a term
completed if the maximum probation or conditional
discharge term length for the statutory class of the
offense has elapsed since the disposition date.
(6) Notice. At least monthly, the circuit court clerk
shall provide notice to each arresting agency of all
records sealed under this subsection. The circuit court
clerk may provide this notice electronically.
(7) Implementation.
(A) Upon notice of sealing provided by the circuit
court clerk, the arresting agency and any other agency
receiving notice of sealing shall seal the records
under the procedures in subsections (a)(1)(K) and
(d)(9)(C).
(B) In response to an inquiry for the sealed
records from anyone not authorized by law to access
the records, the court, the Illinois State Police, the
arresting agency, or the prosecuting agency receiving
the inquiry shall reply as it does in response to
inquiries when no records ever existed.
(C) Each circuit court that has sealed a record
shall make those records available to the subject of
the record, or an attorney representing the subject of
the record, without court order within 7 days.
(8) Upon request, the circuit court clerk shall

10400SB3222ham002 - 144 - LRB104 19119 BDA 38710 a
provide disposition information for any record sealed
pursuant to this subsection to the Illinois State Police,
the arresting agency, the State's Attorney, or prosecutor
that prosecuted the offense. If the Illinois State Police,
arresting agency, State's Attorney, or prosecutor that
prosecuted the offense determine a record has been
improperly sealed pursuant to this subsection, the
Illinois State Police, arresting agency, State's Attorney,
or prosecutor that prosecuted the offense may file a
petition to unseal the record with the court that entered
the original record. If the court determines the record
was improperly sealed, the court shall enter an order
unsealing the record.
(9) Records sealed under this subsection shall be used
and disseminated by the Illinois State Police only as
required or authorized by a federal or State law, rule, or
regulation that requires inquiry into and release of
criminal records. The Department of Corrections shall have
access to all sealed records of the Illinois State Police
pertaining to individuals committed or confined within or
sentenced to a term of imprisonment within a correctional
institution or facility.
(10) The Illinois State Police shall allow a person to
use the access and review process, established by the
Illinois State Police, for verifying that the person's
records eligible under this subsection have been sealed.

10400SB3222ham002 - 145 - LRB104 19119 BDA 38710 a
As part of the access and review process, upon request,
the Illinois State Police shall provide the subject of the
record written confirmation that the record was sealed
under this subsection.
(11) An individual may challenge the individual's
record and request corrections, including the sealing of
records eligible under this subsection, by completing and
submitting a record challenge form to the Illinois State
Police. The Illinois State Police shall automatically seal
all records identified as eligible under this subsection
based on the access and review process. The Illinois State
Police shall include any records identified as eligible
under this process in the next electronic notification of
the circuit court in which the case originated. The
Illinois State Police shall render a final administrative
decision with respect to the record challenge, which shall
be subject to administrative appeal procedures established
by the Illinois Criminal Justice Information Authority.
(12) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged or sealed except as
otherwise may be provided in this Act or diminish or
abrogate any rights or remedies otherwise available to the
individual.
(13) The State or the county, or an official or
employee of the State or the county acting in the course of

10400SB3222ham002 - 146 - LRB104 19119 BDA 38710 a
the official's or employee's duties, is not liable for an
injury or loss a person might receive due to an act or
omission of a person in the commission of the person's
duties under this Act, except for willful, wanton
misconduct or gross negligence on the part of the
governmental unit or on the part of the official or
employee.
(l) Municipal ordinance violations and Class C
misdemeanors. Notwithstanding any other provision of this Act
to the contrary and cumulative with any rights to expungement
of criminal records, this subsection requires the sealing of
criminal records of municipal ordinance violations and Class C
misdemeanors without petition. Beginning January 1, 2028, and
on January 1 and July 1 of each year thereafter, circuit court
clerks shall seal any criminal records of arrests or charges
not initiated by arrest resulting in charges or convictions
for municipal ordinance violations or Class C misdemeanors if
one year has elapsed since the case was closed as designated by
the Supreme Court.
(Source: P.A. 103-35, eff. 1-1-24; 103-154, eff. 6-30-23;
103-609, eff. 7-1-24; 103-755, eff. 8-2-24; 103-1071, eff.
7-1-25; 104-417, eff. 8-15-25; 104-459, eff. 6-1-26; revised
1-20-26.)
Section 110. The State Finance Act is amended by changing
Sections 5.890 and 5.916 and adding Section 5.1038 as follows:

10400SB3222ham002 - 147 - LRB104 19119 BDA 38710 a
(30 ILCS 105/5.890)
Sec. 5.890. The Industrial Hemp Regulatory Fund. This
Section is repealed on January 1, 2028.
(Source: P.A. 100-1091, eff. 8-26-18; 101-81, eff. 7-12-19.)
(30 ILCS 105/5.916)
Sec. 5.916. The Local Cannabis Retailers' Occupation
Consumer Excise Tax Trust Fund.
(Source: P.A. 101-27, eff. 6-25-19; 102-558, eff. 8-20-21.)
(30 ILCS 105/5.1038 new)
Sec. 5.1038. The Illinois Hemp Regulatory Fund.
Section 115. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
(Text of Section before amendment by P.A. 104-458)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any
provision of a contract, entered into based on a solicitation
prior to the implementation date of this Code as described in

10400SB3222ham002 - 148 - LRB104 19119 BDA 38710 a
Article 99, including, but not limited to, any covenant
entered into with respect to any revenue bonds or similar
instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies, except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care, except as provided in Section
5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as an employee and not as
an independent contractor, whether pursuant to an
employment code or policy or by contract directly with
that individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of
this type of contract with a value of more than $25,000
must be published in the Procurement Bulletin within 10
calendar days after the deed is recorded in the county of

10400SB3222ham002 - 149 - LRB104 19119 BDA 38710 a
jurisdiction. The notice shall identify the real estate
purchased, the names of all parties to the contract, the
value of the contract, and the effective date of the
contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor
shall give his or her prior approval when the procuring
agency is one subject to the jurisdiction of the Governor,
and provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or
her prior approval when the procuring entity is not one
subject to the jurisdiction of the Governor.
(8) (Blank).
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(12) (A) Contracts for legal, financial, and other
professional and artistic services entered into by the
Illinois Finance Authority in which the State of Illinois

10400SB3222ham002 - 150 - LRB104 19119 BDA 38710 a
is not obligated. Such contracts shall be awarded through
a competitive process authorized by the members of the
Illinois Finance Authority and are subject to Sections
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
as well as the final approval by the members of the
Illinois Finance Authority of the terms of the contract.
(B) Contracts for legal and financial services entered
into by the Illinois Housing Development Authority in
connection with the issuance of bonds in which the State
of Illinois is not obligated. Such contracts shall be
awarded through a competitive process authorized by the
members of the Illinois Housing Development Authority and
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
and 50-37 of this Code, as well as the final approval by
the members of the Illinois Housing Development Authority
of the terms of the contract.
(13) Contracts for services, commodities, and
equipment to support the delivery of timely forensic
science services in consultation with and subject to the
approval of the Chief Procurement Officer as provided in
subsection (d) of Section 5-4-3a of the Unified Code of
Corrections, except for the requirements of Sections
20-60, 20-65, 20-70, and 20-160 and Article 50 of this
Code; however, the Chief Procurement Officer may, in
writing with justification, waive any certification
required under Article 50 of this Code. For any contracts

10400SB3222ham002 - 151 - LRB104 19119 BDA 38710 a
for services which are currently provided by members of a
collective bargaining agreement, the applicable terms of
the collective bargaining agreement concerning
subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),
except for this sentence, is inoperative.
(14) Contracts for participation expenditures required
by a domestic or international trade show or exhibition of
an exhibitor, member, or sponsor.
(15) Contracts with a railroad or utility that
requires the State to reimburse the railroad or utilities
for the relocation of utilities for construction or other
public purpose. Contracts included within this paragraph
(15) shall include, but not be limited to, those
associated with: relocations, crossings, installations,
and maintenance. For the purposes of this paragraph (15),
"railroad" means any form of non-highway ground
transportation that runs on rails or electromagnetic
guideways and "utility" means: (1) public utilities as
defined in Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202
of the Public Utilities Act, (3) electric cooperatives as
defined in Section 3.4 of the Electric Supplier Act, (4)
telephone or telecommunications cooperatives as defined in
Section 13-212 of the Public Utilities Act, (5) rural
water or wastewater waste water systems with 10,000

10400SB3222ham002 - 152 - LRB104 19119 BDA 38710 a
connections or less, (6) a holder as defined in Section
21-201 of the Public Utilities Act, and (7) municipalities
owning or operating utility systems consisting of public
utilities as that term is defined in Section 11-117-2 of
the Illinois Municipal Code.
(16) Procurement expenditures necessary for the
Department of Public Health to provide the delivery of
timely newborn screening services in accordance with the
Newborn Metabolic Screening Act.
(17) Procurement expenditures necessary for the
Department of Agriculture, the Department of Financial and
Professional Regulation, the Department of Human Services,
and the Department of Public Health to implement the
Compassionate Use of Medical Cannabis Program and Opioid
Alternative Pilot Program requirements and ensure access
to medical cannabis for patients with debilitating medical
conditions in accordance with the Compassionate Use of
Medical Cannabis Program Act.
(18) This Code does not apply to any procurements
necessary for the Department of Agriculture or , the
Department of Financial and Professional Regulation, the
Department of Human Services, the Department of Commerce
and Economic Opportunity, and the Department of Public
Health to implement the Cannabis Regulation and Tax Act
and for the Department of Agriculture to implement the
Illinois Hemp Act if the applicable agency has made a good

10400SB3222ham002 - 153 - LRB104 19119 BDA 38710 a
faith determination that it is necessary and appropriate
for the expenditure to fall within this exemption and if
the process is conducted in a manner substantially in
accordance with the requirements of Sections 20-160,
25-60, 30-22, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15,
50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50 of
this Code; however, for Section 50-35, compliance applies
only to contracts or subcontracts over $100,000. Notice of
each contract entered into under this paragraph (18) that
is related to the procurement of goods and services
identified in paragraph (1) through (9) of this subsection
shall be published in the Procurement Bulletin within 14
calendar days after contract execution. The Chief
Procurement Officer shall prescribe the form and content
of the notice. Each agency shall provide the Chief
Procurement Officer, on a monthly basis, in the form and
content prescribed by the Chief Procurement Officer, a
report of contracts that are related to the procurement of
goods and services identified in this subsection. At a
minimum, this report shall include the name of the
contractor, a description of the supply or service
provided, the total amount of the contract, the term of
the contract, and the exception to this Code utilized. A
copy of any or all of these contracts shall be made
available to the Chief Procurement Officer immediately
upon request. The Chief Procurement Officer shall submit a

10400SB3222ham002 - 154 - LRB104 19119 BDA 38710 a
report to the Governor and General Assembly no later than
November 1 of each year that includes, at a minimum, an
annual summary of the monthly information reported to the
Chief Procurement Officer. This exemption becomes
inoperative 10 5 years after June 25, 2019 (the effective
date of Public Act 101-27).
(19) Acquisition of modifications or adjustments,
limited to assistive technology devices and assistive
technology services, adaptive equipment, repairs, and
replacement parts to provide reasonable accommodations (i)
that enable a qualified applicant with a disability to
complete the job application process and be considered for
the position such qualified applicant desires, (ii) that
modify or adjust the work environment to enable a
qualified current employee with a disability to perform
the essential functions of the position held by that
employee, (iii) to enable a qualified current employee
with a disability to enjoy equal benefits and privileges
of employment as are enjoyed by other similarly situated
employees without disabilities, and (iv) that allow a
customer, client, claimant, or member of the public
seeking State services full use and enjoyment of and
access to its programs, services, or benefits.
For purposes of this paragraph (19):
"Assistive technology devices" means any item, piece
of equipment, or product system, whether acquired

10400SB3222ham002 - 155 - LRB104 19119 BDA 38710 a
commercially off the shelf, modified, or customized, that
is used to increase, maintain, or improve functional
capabilities of individuals with disabilities.
"Assistive technology services" means any service that
directly assists an individual with a disability in
selection, acquisition, or use of an assistive technology
device.
"Qualified" has the same meaning and use as provided
under the federal Americans with Disabilities Act when
describing an individual with a disability.
(20) Procurement expenditures necessary for the
Illinois Commerce Commission to hire third-party
facilitators pursuant to Sections 16-105.17 and 16-108.18
of the Public Utilities Act or an ombudsman pursuant to
Section 16-107.5 of the Public Utilities Act, a
facilitator pursuant to Section 16-105.17 of the Public
Utilities Act, or a grid auditor pursuant to Section
16-105.10 of the Public Utilities Act.
(21) Procurement expenditures for the purchase,
renewal, and expansion of software, software licenses, or
software maintenance agreements that support the efforts
of the Illinois State Police to enforce, regulate, and
administer the Firearm Owners Identification Card Act, the
Firearm Concealed Carry Act, the Firearms Restraining
Order Act, the Firearm Dealer License Certification Act,
the Law Enforcement Agencies Data System (LEADS), the

10400SB3222ham002 - 156 - LRB104 19119 BDA 38710 a
Uniform Crime Reporting Act, the Criminal Identification
Act, the Illinois Uniform Conviction Information Act, and
the Gun Trafficking Information Act, or establish or
maintain record management systems necessary to conduct
human trafficking investigations or gun trafficking or
other stolen firearm investigations. This paragraph (21)
applies to contracts entered into on or after January 10,
2023 (the effective date of Public Act 102-1116) and the
renewal of contracts that are in effect on January 10,
2023 (the effective date of Public Act 102-1116).
(22) Contracts for project management services and
system integration services required for the completion of
the State's enterprise resource planning project. This
exemption becomes inoperative 5 years after June 7, 2023
(the effective date of the changes made to this Section by
Public Act 103-8). This paragraph (22) applies to
contracts entered into on or after June 7, 2023 (the
effective date of the changes made to this Section by
Public Act 103-8) and the renewal of contracts that are in
effect on June 7, 2023 (the effective date of the changes
made to this Section by Public Act 103-8).
(23) Procurements necessary for the Department of
Insurance to implement the Illinois Health Benefits
Exchange Law if the Department of Insurance has made a
good faith determination that it is necessary and
appropriate for the expenditure to fall within this

10400SB3222ham002 - 157 - LRB104 19119 BDA 38710 a
exemption. The procurement process shall be conducted in a
manner substantially in accordance with the requirements
of Sections 20-160 and 25-60 and Article 50 of this Code. A
copy of these contracts shall be made available to the
Chief Procurement Officer immediately upon request. This
paragraph is inoperative 5 years after June 27, 2023 (the
effective date of Public Act 103-103).
(24) Contracts for public education programming,
noncommercial sustaining announcements, public service
announcements, and public awareness and education
messaging with the nonprofit trade associations of the
providers of those services that inform the public on
immediate and ongoing health and safety risks and hazards.
(25) Procurements necessary for the Department of
Early Childhood to implement the Department of Early
Childhood Act if the Department has made a good faith
determination that it is necessary and appropriate for the
expenditure to fall within this exemption. This exemption
shall only be used for products and services procured
solely for use by the Department of Early Childhood. The
procurements may include those necessary to design and
build integrated, operational systems of programs and
services. The procurements may include, but are not
limited to, those necessary to align and update program
standards, integrate funding systems, design and establish
data and reporting systems, align and update models for

10400SB3222ham002 - 158 - LRB104 19119 BDA 38710 a
technical assistance and professional development, design
systems to manage grants and ensure compliance, design and
implement management and operational structures, and
establish new means of engaging with families, educators,
providers, and stakeholders. The procurement processes
shall be conducted in a manner substantially in accordance
with the requirements of Article 50 (ethics) and Sections
5-5 (Procurement Policy Board), 5-7 (Commission on Equity
and Inclusion), 20-80 (contract files), 20-120
(subcontractors), 20-155 (paperwork), 20-160
(ethics/campaign contribution prohibitions), 25-60
(prevailing wage), and 25-90 (prohibited and authorized
cybersecurity) of this Code. Beginning January 1, 2025,
the Department of Early Childhood shall provide a
quarterly report to the General Assembly detailing a list
of expenditures and contracts for which the Department
uses this exemption. This paragraph is inoperative on and
after July 1, 2027.
(26) Procurements that are necessary for increasing
the recruitment and retention of State employees,
particularly minority candidates for employment,
including:
(A) procurements related to registration fees for
job fairs and other outreach and recruitment events;
(B) production of recruitment materials; and
(C) other services related to recruitment and

10400SB3222ham002 - 159 - LRB104 19119 BDA 38710 a
retention of State employees.
The exemption under this paragraph (26) applies only
if the State agency has made a good faith determination
that it is necessary and appropriate for the expenditure
to fall within this paragraph (26). The procurement
process under this paragraph (26) shall be conducted in a
manner substantially in accordance with the requirements
of Sections 20-160 and 25-60 and Article 50 of this Code. A
copy of these contracts shall be made available to the
Chief Procurement Officer immediately upon request.
Nothing in this paragraph (26) authorizes the replacement
or diminishment of State responsibilities in hiring or the
positions that effectuate that hiring. This paragraph (26)
is inoperative on and after June 30, 2029.
(27) Procurements necessary for the Department of
Healthcare and Family Services to implement changes to the
State's Integrated Eligibility System to ensure the
system's compliance with federal implementation mandates
and deadlines, if the Department of Healthcare and Family
Services has made a good faith determination that it is
necessary and appropriate for the procurement to fall
within this exemption.
Notwithstanding any other provision of law, for contracts
with an annual value of more than $100,000 entered into on or
after October 1, 2017 under an exemption provided in any
paragraph of this subsection (b), except paragraph (1), (2),

10400SB3222ham002 - 160 - LRB104 19119 BDA 38710 a
or (5), each State agency shall post to the appropriate
procurement bulletin the name of the contractor, a description
of the supply or service provided, the total amount of the
contract, the term of the contract, and the exception to the
Code utilized. The chief procurement officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the
chief procurement officer.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act. This Code does not apply to the procurement of
technical and policy experts pursuant to Section 1-129 of the
Illinois Power Agency Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related
to the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220

10400SB3222ham002 - 161 - LRB104 19119 BDA 38710 a
of the Public Utilities Act, including calculating the range
of capital costs, the range of operating and maintenance
costs, or the sequestration costs or monitoring the
construction of clean coal SNG brownfield facility for the
full duration of construction.
(f) (Blank).
(g) (Blank).
(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
(j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
(k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois

10400SB3222ham002 - 162 - LRB104 19119 BDA 38710 a
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(m) This Code shall apply regardless of the source of
funds with which contracts are paid, including federal
assistance moneys. Except as specifically provided in this
Code, this Code shall not apply to procurement expenditures
necessary for the Department of Public Health to conduct the
Healthy Illinois Survey in accordance with Section 2310-431 of
the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois.
(Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;
103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.
6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,
eff. 6-16-25; 104-417, eff. 8-15-25)
(Text of Section after amendment by P.A. 104-458)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any
provision of a contract, entered into based on a solicitation
prior to the implementation date of this Code as described in
Article 99, including, but not limited to, any covenant
entered into with respect to any revenue bonds or similar

10400SB3222ham002 - 163 - LRB104 19119 BDA 38710 a
instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies, except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care, except as provided in Section
5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as an employee and not as
an independent contractor, whether pursuant to an
employment code or policy or by contract directly with
that individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of
this type of contract with a value of more than $25,000
must be published in the Procurement Bulletin within 10
calendar days after the deed is recorded in the county of
jurisdiction. The notice shall identify the real estate
purchased, the names of all parties to the contract, the

10400SB3222ham002 - 164 - LRB104 19119 BDA 38710 a
value of the contract, and the effective date of the
contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor
shall give his or her prior approval when the procuring
agency is one subject to the jurisdiction of the Governor,
and provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or
her prior approval when the procuring entity is not one
subject to the jurisdiction of the Governor.
(8) (Blank).
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(12) (A) Contracts for legal, financial, and other
professional and artistic services entered into by the
Illinois Finance Authority in which the State of Illinois
is not obligated. Such contracts shall be awarded through
a competitive process authorized by the members of the

10400SB3222ham002 - 165 - LRB104 19119 BDA 38710 a
Illinois Finance Authority and are subject to Sections
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
as well as the final approval by the members of the
Illinois Finance Authority of the terms of the contract.
(B) Contracts for legal and financial services entered
into by the Illinois Housing Development Authority in
connection with the issuance of bonds in which the State
of Illinois is not obligated. Such contracts shall be
awarded through a competitive process authorized by the
members of the Illinois Housing Development Authority and
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
and 50-37 of this Code, as well as the final approval by
the members of the Illinois Housing Development Authority
of the terms of the contract.
(13) Contracts for services, commodities, and
equipment to support the delivery of timely forensic
science services in consultation with and subject to the
approval of the Chief Procurement Officer as provided in
subsection (d) of Section 5-4-3a of the Unified Code of
Corrections, except for the requirements of Sections
20-60, 20-65, 20-70, and 20-160 and Article 50 of this
Code; however, the Chief Procurement Officer may, in
writing with justification, waive any certification
required under Article 50 of this Code. For any contracts
for services which are currently provided by members of a
collective bargaining agreement, the applicable terms of

10400SB3222ham002 - 166 - LRB104 19119 BDA 38710 a
the collective bargaining agreement concerning
subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),
except for this sentence, is inoperative.
(14) Contracts for participation expenditures required
by a domestic or international trade show or exhibition of
an exhibitor, member, or sponsor.
(15) Contracts with a railroad or utility that
requires the State to reimburse the railroad or utilities
for the relocation of utilities for construction or other
public purpose. Contracts included within this paragraph
(15) shall include, but not be limited to, those
associated with: relocations, crossings, installations,
and maintenance. For the purposes of this paragraph (15),
"railroad" means any form of non-highway ground
transportation that runs on rails or electromagnetic
guideways and "utility" means: (1) public utilities as
defined in Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202
of the Public Utilities Act, (3) electric cooperatives as
defined in Section 3.4 of the Electric Supplier Act, (4)
telephone or telecommunications cooperatives as defined in
Section 13-212 of the Public Utilities Act, (5) rural
water or wastewater waste water systems with 10,000
connections or less, (6) a holder as defined in Section
21-201 of the Public Utilities Act, and (7) municipalities

10400SB3222ham002 - 167 - LRB104 19119 BDA 38710 a
owning or operating utility systems consisting of public
utilities as that term is defined in Section 11-117-2 of
the Illinois Municipal Code.
(16) Procurement expenditures necessary for the
Department of Public Health to provide the delivery of
timely newborn screening services in accordance with the
Newborn Metabolic Screening Act.
(17) Procurement expenditures necessary for the
Department of Agriculture, the Department of Financial and
Professional Regulation, the Department of Human Services,
and the Department of Public Health to implement the
Compassionate Use of Medical Cannabis Program and Opioid
Alternative Pilot Program requirements and ensure access
to medical cannabis for patients with debilitating medical
conditions in accordance with the Compassionate Use of
Medical Cannabis Program Act.
(18) This Code does not apply to any procurements
necessary for the Department of Agriculture or , the
Department of Financial and Professional Regulation, the
Department of Human Services, the Department of Commerce
and Economic Opportunity, and the Department of Public
Health to implement the Cannabis Regulation and Tax Act
and for the Department of Agriculture to implement the
Illinois Hemp Act if the applicable agency has made a good
faith determination that it is necessary and appropriate
for the expenditure to fall within this exemption and if

10400SB3222ham002 - 168 - LRB104 19119 BDA 38710 a
the process is conducted in a manner substantially in
accordance with the requirements of Sections 20-160,
25-60, 30-22, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15,
50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50 of
this Code; however, for Section 50-35, compliance applies
only to contracts or subcontracts over $100,000. Notice of
each contract entered into under this paragraph (18) that
is related to the procurement of goods and services
identified in paragraph (1) through (9) of this subsection
shall be published in the Procurement Bulletin within 14
calendar days after contract execution. The Chief
Procurement Officer shall prescribe the form and content
of the notice. Each agency shall provide the Chief
Procurement Officer, on a monthly basis, in the form and
content prescribed by the Chief Procurement Officer, a
report of contracts that are related to the procurement of
goods and services identified in this subsection. At a
minimum, this report shall include the name of the
contractor, a description of the supply or service
provided, the total amount of the contract, the term of
the contract, and the exception to this Code utilized. A
copy of any or all of these contracts shall be made
available to the Chief Procurement Officer immediately
upon request. The Chief Procurement Officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that includes, at a minimum, an

10400SB3222ham002 - 169 - LRB104 19119 BDA 38710 a
annual summary of the monthly information reported to the
Chief Procurement Officer. This exemption becomes
inoperative 10 5 years after June 25, 2019 (the effective
date of Public Act 101-27).
(19) Acquisition of modifications or adjustments,
limited to assistive technology devices and assistive
technology services, adaptive equipment, repairs, and
replacement parts to provide reasonable accommodations (i)
that enable a qualified applicant with a disability to
complete the job application process and be considered for
the position such qualified applicant desires, (ii) that
modify or adjust the work environment to enable a
qualified current employee with a disability to perform
the essential functions of the position held by that
employee, (iii) to enable a qualified current employee
with a disability to enjoy equal benefits and privileges
of employment as are enjoyed by other similarly situated
employees without disabilities, and (iv) that allow a
customer, client, claimant, or member of the public
seeking State services full use and enjoyment of and
access to its programs, services, or benefits.
For purposes of this paragraph (19):
"Assistive technology devices" means any item, piece
of equipment, or product system, whether acquired
commercially off the shelf, modified, or customized, that
is used to increase, maintain, or improve functional

10400SB3222ham002 - 170 - LRB104 19119 BDA 38710 a
capabilities of individuals with disabilities.
"Assistive technology services" means any service that
directly assists an individual with a disability in
selection, acquisition, or use of an assistive technology
device.
"Qualified" has the same meaning and use as provided
under the federal Americans with Disabilities Act when
describing an individual with a disability.
(20) Procurement expenditures necessary for the
Illinois Commerce Commission to hire third-party
facilitators pursuant to Sections 16-105.17 and 16-108.18
of the Public Utilities Act or an ombudsman pursuant to
Section 16-107.5 of the Public Utilities Act, a
facilitator pursuant to Section 16-105.17 of the Public
Utilities Act, a grid auditor pursuant to Section
16-105.10 of the Public Utilities Act, a facilitator,
expert, or consultant pursuant to Sections 16-126.2 and
16-202 of the Public Utilities Act, a procurement monitor
pursuant to Section 16-111.5 of the Public Utilities Act,
an ombudsperson pursuant to Section 20-145 of the Public
Utilities Act, or consultants and experts pursuant to
Section 5-15 of the Utility Data Access Act.
(21) Procurement expenditures for the purchase,
renewal, and expansion of software, software licenses, or
software maintenance agreements that support the efforts
of the Illinois State Police to enforce, regulate, and

10400SB3222ham002 - 171 - LRB104 19119 BDA 38710 a
administer the Firearm Owners Identification Card Act, the
Firearm Concealed Carry Act, the Firearms Restraining
Order Act, the Firearm Dealer License Certification Act,
the Law Enforcement Agencies Data System (LEADS), the
Uniform Crime Reporting Act, the Criminal Identification
Act, the Illinois Uniform Conviction Information Act, and
the Gun Trafficking Information Act, or establish or
maintain record management systems necessary to conduct
human trafficking investigations or gun trafficking or
other stolen firearm investigations. This paragraph (21)
applies to contracts entered into on or after January 10,
2023 (the effective date of Public Act 102-1116) and the
renewal of contracts that are in effect on January 10,
2023 (the effective date of Public Act 102-1116).
(22) Contracts for project management services and
system integration services required for the completion of
the State's enterprise resource planning project. This
exemption becomes inoperative 5 years after June 7, 2023
(the effective date of the changes made to this Section by
Public Act 103-8). This paragraph (22) applies to
contracts entered into on or after June 7, 2023 (the
effective date of the changes made to this Section by
Public Act 103-8) and the renewal of contracts that are in
effect on June 7, 2023 (the effective date of the changes
made to this Section by Public Act 103-8).
(23) Procurements necessary for the Department of

10400SB3222ham002 - 172 - LRB104 19119 BDA 38710 a
Insurance to implement the Illinois Health Benefits
Exchange Law if the Department of Insurance has made a
good faith determination that it is necessary and
appropriate for the expenditure to fall within this
exemption. The procurement process shall be conducted in a
manner substantially in accordance with the requirements
of Sections 20-160 and 25-60 and Article 50 of this Code. A
copy of these contracts shall be made available to the
Chief Procurement Officer immediately upon request. This
paragraph is inoperative 5 years after June 27, 2023 (the
effective date of Public Act 103-103).
(24) Contracts for public education programming,
noncommercial sustaining announcements, public service
announcements, and public awareness and education
messaging with the nonprofit trade associations of the
providers of those services that inform the public on
immediate and ongoing health and safety risks and hazards.
(25) Procurements necessary for the Department of
Early Childhood to implement the Department of Early
Childhood Act if the Department has made a good faith
determination that it is necessary and appropriate for the
expenditure to fall within this exemption. This exemption
shall only be used for products and services procured
solely for use by the Department of Early Childhood. The
procurements may include those necessary to design and
build integrated, operational systems of programs and

10400SB3222ham002 - 173 - LRB104 19119 BDA 38710 a
services. The procurements may include, but are not
limited to, those necessary to align and update program
standards, integrate funding systems, design and establish
data and reporting systems, align and update models for
technical assistance and professional development, design
systems to manage grants and ensure compliance, design and
implement management and operational structures, and
establish new means of engaging with families, educators,
providers, and stakeholders. The procurement processes
shall be conducted in a manner substantially in accordance
with the requirements of Article 50 (ethics) and Sections
5-5 (Procurement Policy Board), 5-7 (Commission on Equity
and Inclusion), 20-80 (contract files), 20-120
(subcontractors), 20-155 (paperwork), 20-160
(ethics/campaign contribution prohibitions), 25-60
(prevailing wage), and 25-90 (prohibited and authorized
cybersecurity) of this Code. Beginning January 1, 2025,
the Department of Early Childhood shall provide a
quarterly report to the General Assembly detailing a list
of expenditures and contracts for which the Department
uses this exemption. This paragraph is inoperative on and
after July 1, 2027.
(26) Procurements that are necessary for increasing
the recruitment and retention of State employees,
particularly minority candidates for employment,
including:

10400SB3222ham002 - 174 - LRB104 19119 BDA 38710 a
(A) procurements related to registration fees for
job fairs and other outreach and recruitment events;
(B) production of recruitment materials; and
(C) other services related to recruitment and
retention of State employees.
The exemption under this paragraph (26) applies only
if the State agency has made a good faith determination
that it is necessary and appropriate for the expenditure
to fall within this paragraph (26). The procurement
process under this paragraph (26) shall be conducted in a
manner substantially in accordance with the requirements
of Sections 20-160 and 25-60 and Article 50 of this Code. A
copy of these contracts shall be made available to the
Chief Procurement Officer immediately upon request.
Nothing in this paragraph (26) authorizes the replacement
or diminishment of State responsibilities in hiring or the
positions that effectuate that hiring. This paragraph (26)
is inoperative on and after June 30, 2029.
(27) Procurements necessary for the Department of
Healthcare and Family Services to implement changes to the
State's Integrated Eligibility System to ensure the
system's compliance with federal implementation mandates
and deadlines, if the Department of Healthcare and Family
Services has made a good faith determination that it is
necessary and appropriate for the procurement to fall
within this exemption.

10400SB3222ham002 - 175 - LRB104 19119 BDA 38710 a
Notwithstanding any other provision of law, for contracts
with an annual value of more than $100,000 entered into on or
after October 1, 2017 under an exemption provided in any
paragraph of this subsection (b), except paragraph (1), (2),
or (5), each State agency shall post to the appropriate
procurement bulletin the name of the contractor, a description
of the supply or service provided, the total amount of the
contract, the term of the contract, and the exception to the
Code utilized. The chief procurement officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the
chief procurement officer.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act. This Code does not apply to the procurement of
technical and policy experts pursuant to Section 1-129 of the
Illinois Power Agency Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to

10400SB3222ham002 - 176 - LRB104 19119 BDA 38710 a
assist the Capital Development Board with its duties related
to the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220
of the Public Utilities Act, including calculating the range
of capital costs, the range of operating and maintenance
costs, or the sequestration costs or monitoring the
construction of clean coal SNG brownfield facility for the
full duration of construction.
(f) (Blank).
(g) (Blank).
(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
(j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
(k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers

10400SB3222ham002 - 177 - LRB104 19119 BDA 38710 a
appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(m) This Code shall apply regardless of the source of
funds with which contracts are paid, including federal
assistance moneys. Except as specifically provided in this
Code, this Code shall not apply to procurement expenditures
necessary for the Department of Public Health to conduct the
Healthy Illinois Survey in accordance with Section 2310-431 of
the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois.
(Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;
103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.
6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,
eff. 6-16-25; 104-417, eff. 8-15-25; 104-458, eff. 6-1-26;
revised 1-12-26.)
Section 120. The Use Tax Act is amended by changing
Sections 3-5 and 3-10 as follows:
(35 ILCS 105/3-5)
Sec. 3-5. Exemptions. Use, which, on and after January 1,

10400SB3222ham002 - 178 - LRB104 19119 BDA 38710 a
2025, includes use by a lessee, of the following tangible
personal property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
(2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
(3) Personal property purchased by a not-for-profit arts
or cultural organization that establishes, by proof required
by the Department by rule, that it has received an exemption
under Section 501(c)(3) of the Internal Revenue Code and that
is organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after July 1, 2001 (the
effective date of Public Act 92-35), however, an entity
otherwise eligible for this exemption shall not make tax-free
purchases unless it has an active identification number issued

10400SB3222ham002 - 179 - LRB104 19119 BDA 38710 a
by the Department.
(4) Except as otherwise provided in this Act, personal
property purchased by a governmental body, by a corporation,
society, association, foundation, or institution organized and
operated exclusively for charitable, religious, or educational
purposes, or by a not-for-profit corporation, society,
association, foundation, institution, or organization that has
no compensated officers or employees and that is organized and
operated primarily for the recreation of persons 55 years of
age or older. A limited liability company may qualify for the
exemption under this paragraph only if the limited liability
company is organized and operated exclusively for educational
purposes. On and after July 1, 1987, however, no entity
otherwise eligible for this exemption shall make tax-free
purchases unless it has an active exemption identification
number issued by the Department.
(5) Until July 1, 2003, a passenger car that is a
replacement vehicle to the extent that the purchase price of
the car is subject to the Replacement Vehicle Tax.
(6) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new
and used, and including that manufactured on special order,
certified by the purchaser to be used primarily for graphic
arts production, and including machinery and equipment
purchased for lease. Equipment includes chemicals or chemicals

10400SB3222ham002 - 180 - LRB104 19119 BDA 38710 a
acting as catalysts but only if the chemicals or chemicals
acting as catalysts effect a direct and immediate change upon
a graphic arts product. Beginning on July 1, 2017, graphic
arts machinery and equipment is included in the manufacturing
and assembling machinery and equipment exemption under
paragraph (18).
(7) Farm chemicals.
(8) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
(9) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(10) A motor vehicle that is used for automobile renting,
as defined in the Automobile Renting Occupation and Use Tax
Act.
(11) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required

10400SB3222ham002 - 181 - LRB104 19119 BDA 38710 a
to be registered under Section 3-809 of the Illinois Vehicle
Code, but excluding other motor vehicles required to be
registered under the Illinois Vehicle Code. Horticultural
polyhouses or hoop houses used for propagating, growing, or
overwintering plants shall be considered farm machinery and
equipment under this item (11). Agricultural chemical tender
tanks and dry boxes shall include units sold separately from a
motor vehicle required to be licensed and units sold mounted
on a motor vehicle required to be licensed if the selling price
of the tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment, including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals.
Beginning on January 1, 2024, farm machinery and equipment

10400SB3222ham002 - 182 - LRB104 19119 BDA 38710 a
also includes electrical power generation equipment used
primarily for production agriculture.
This item (11) is exempt from the provisions of Section
3-90.
(12) Until June 30, 2013, fuel and petroleum products sold
to or used by an air common carrier, certified by the carrier
to be used for consumption, shipment, or storage in the
conduct of its business as an air common carrier, for a flight
destined for or returning from a location or locations outside
the United States without regard to previous or subsequent
domestic stopovers.
Beginning July 1, 2013, fuel and petroleum products sold
to or used by an air carrier, certified by the carrier to be
used for consumption, shipment, or storage in the conduct of
its business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports
at least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.
(13) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages purchased at retail from a retailer, to the
extent that the proceeds of the service charge are in fact
turned over as tips or as a substitute for tips to the

10400SB3222ham002 - 183 - LRB104 19119 BDA 38710 a
employees who participate directly in preparing, serving,
hosting or cleaning up the food or beverage function with
respect to which the service charge is imposed.
(14) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of
rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)
pipe and tubular goods, including casing and drill strings,
(iii) pumps and pump-jack units, (iv) storage tanks and flow
lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi)
machinery and equipment purchased for lease; but excluding
motor vehicles required to be registered under the Illinois
Vehicle Code.
(15) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including
that manufactured on special order, certified by the purchaser
to be used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
(16) Until July 1, 2028, coal and aggregate exploration,
mining, off-highway hauling, processing, maintenance, and
reclamation equipment, including replacement parts and
equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the
Illinois Vehicle Code. The changes made to this Section by
Public Act 97-767 apply on and after July 1, 2003, but no claim
for credit or refund is allowed on or after August 16, 2013

10400SB3222ham002 - 184 - LRB104 19119 BDA 38710 a
(the effective date of Public Act 98-456) for such taxes paid
during the period beginning July 1, 2003 and ending on August
16, 2013 (the effective date of Public Act 98-456).
(17) Until July 1, 2003, distillation machinery and
equipment, sold as a unit or kit, assembled or installed by the
retailer, certified by the user to be used only for the
production of ethyl alcohol that will be used for consumption
as motor fuel or as a component of motor fuel for the personal
use of the user, and not subject to sale or resale.
(18) Manufacturing and assembling machinery and equipment
used primarily in the process of manufacturing or assembling
tangible personal property for wholesale or retail sale or
lease, whether that sale or lease is made directly by the
manufacturer or by some other person, whether the materials
used in the process are owned by the manufacturer or some other
person, or whether that sale or lease is made apart from or as
an incident to the seller's engaging in the service occupation
of producing machines, tools, dies, jigs, patterns, gauges, or
other similar items of no commercial value on special order
for a particular purchaser. The exemption provided by this
paragraph (18) includes production related tangible personal
property, as defined in Section 3-50, purchased on or after
July 1, 2019. The exemption provided by this paragraph (18)
does not include machinery and equipment used in (i) the
generation of electricity for wholesale or retail sale; (ii)
the generation or treatment of natural or artificial gas for

10400SB3222ham002 - 185 - LRB104 19119 BDA 38710 a
wholesale or retail sale that is delivered to customers
through pipes, pipelines, or mains; or (iii) the treatment of
water for wholesale or retail sale that is delivered to
customers through pipes, pipelines, or mains. The provisions
of Public Act 98-583 are declaratory of existing law as to the
meaning and scope of this exemption. Beginning on July 1,
2017, the exemption provided by this paragraph (18) includes,
but is not limited to, graphic arts machinery and equipment,
as defined in paragraph (6) of this Section.
(19) Personal property delivered to a purchaser or
purchaser's donee inside Illinois when the purchase order for
that personal property was received by a florist located
outside Illinois who has a florist located inside Illinois
deliver the personal property.
(20) Semen used for artificial insemination of livestock
for direct agricultural production.
(21) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (21) is exempt from the
provisions of Section 3-90, and the exemption provided for
under this item (21) applies for all periods beginning May 30,
1995, but no claim for credit or refund is allowed on or after
January 1, 2008 for such taxes paid during the period

10400SB3222ham002 - 186 - LRB104 19119 BDA 38710 a
beginning May 30, 2000 and ending on January 1, 2008.
(22) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is leased
in a manner that does not qualify for this exemption or is used
in any other non-exempt manner, the lessor shall be liable for
the tax imposed under this Act or the Service Use Tax Act, as
the case may be, based on the fair market value of the property
at the time the non-qualifying use occurs. No lessor shall
collect or attempt to collect an amount (however designated)
that purports to reimburse that lessor for the tax imposed by
this Act or the Service Use Tax Act, as the case may be, if the
tax has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall
have a legal right to claim a refund of that amount from the
lessor. If, however, that amount is not refunded to the lessee
for any reason, the lessor is liable to pay that amount to the
Department.
(23) Personal property purchased by a lessor who leases
the property, under a lease of one year or longer executed or

10400SB3222ham002 - 187 - LRB104 19119 BDA 38710 a
in effect at the time the lessor would otherwise be subject to
the tax imposed by this Act, to a governmental body that has
been issued an active sales tax exemption identification
number by the Department under Section 1g of the Retailers'
Occupation Tax Act. If the property is leased in a manner that
does not qualify for this exemption or used in any other
non-exempt manner, the lessor shall be liable for the tax
imposed under this Act or the Service Use Tax Act, as the case
may be, based on the fair market value of the property at the
time the non-qualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Service Use Tax Act, as the case may be, if the tax
has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall
have a legal right to claim a refund of that amount from the
lessor. If, however, that amount is not refunded to the lessee
for any reason, the lessor is liable to pay that amount to the
Department.
(24) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution

10400SB3222ham002 - 188 - LRB104 19119 BDA 38710 a
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
(25) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including, but not limited to, municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities located
in the declared disaster area within 6 months after the
disaster.
(26) Beginning July 1, 1999, game or game birds purchased
at a "game breeding and hunting preserve area" as that term is
used in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-90.
(27) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the
Department to be organized and operated exclusively for
educational purposes. For purposes of this exemption, "a

10400SB3222ham002 - 189 - LRB104 19119 BDA 38710 a
corporation, limited liability company, society, association,
foundation, or institution organized and operated exclusively
for educational purposes" means all tax-supported public
schools, private schools that offer systematic instruction in
useful branches of learning by methods common to public
schools and that compare favorably in their scope and
intensity with the course of study presented in tax-supported
schools, and vocational or technical schools or institutes
organized and operated exclusively to provide a course of
study of not less than 6 weeks duration and designed to prepare
individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
(28) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is

10400SB3222ham002 - 190 - LRB104 19119 BDA 38710 a
exempt from the provisions of Section 3-90.
(29) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and
other items, and replacement parts for these machines.
Beginning January 1, 2002 and through June 30, 2003, machines
and parts for machines used in commercial, coin-operated
amusement and vending business if a use or occupation tax is
paid on the gross receipts derived from the use of the
commercial, coin-operated amusement and vending machines. This
paragraph is exempt from the provisions of Section 3-90.
(30) Beginning January 1, 2001 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages,
soft drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act, the MC/DD Act, or the
Specialized Mental Health Rehabilitation Act of 2013.
(31) Beginning on August 2, 2001 (the effective date of
Public Act 92-227), computers and communications equipment

10400SB3222ham002 - 191 - LRB104 19119 BDA 38710 a
utilized for any hospital purpose and equipment used in the
diagnosis, analysis, or treatment of hospital patients
purchased by a lessor who leases the equipment, under a lease
of one year or longer executed or in effect at the time the
lessor would otherwise be subject to the tax imposed by this
Act, to a hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is leased
in a manner that does not qualify for this exemption or is used
in any other nonexempt manner, the lessor shall be liable for
the tax imposed under this Act or the Service Use Tax Act, as
the case may be, based on the fair market value of the property
at the time the nonqualifying use occurs. No lessor shall
collect or attempt to collect an amount (however designated)
that purports to reimburse that lessor for the tax imposed by
this Act or the Service Use Tax Act, as the case may be, if the
tax has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall
have a legal right to claim a refund of that amount from the
lessor. If, however, that amount is not refunded to the lessee
for any reason, the lessor is liable to pay that amount to the
Department. This paragraph is exempt from the provisions of
Section 3-90.
(32) Beginning on August 2, 2001 (the effective date of
Public Act 92-227), personal property purchased by a lessor
who leases the property, under a lease of one year or longer

10400SB3222ham002 - 192 - LRB104 19119 BDA 38710 a
executed or in effect at the time the lessor would otherwise be
subject to the tax imposed by this Act, to a governmental body
that has been issued an active sales tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the property is leased
in a manner that does not qualify for this exemption or used in
any other nonexempt manner, the lessor shall be liable for the
tax imposed under this Act or the Service Use Tax Act, as the
case may be, based on the fair market value of the property at
the time the nonqualifying use occurs. No lessor shall collect
or attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Service Use Tax Act, as the case may be, if the tax
has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall
have a legal right to claim a refund of that amount from the
lessor. If, however, that amount is not refunded to the lessee
for any reason, the lessor is liable to pay that amount to the
Department. This paragraph is exempt from the provisions of
Section 3-90.
(33) On and after July 1, 2003 and through June 30, 2004,
the use in this State of motor vehicles of the second division
with a gross vehicle weight in excess of 8,000 pounds and that
are subject to the commercial distribution fee imposed under
Section 3-815.1 of the Illinois Vehicle Code. Beginning on
July 1, 2004 and through June 30, 2005, the use in this State

10400SB3222ham002 - 193 - LRB104 19119 BDA 38710 a
of motor vehicles of the second division: (i) with a gross
vehicle weight rating in excess of 8,000 pounds; (ii) that are
subject to the commercial distribution fee imposed under
Section 3-815.1 of the Illinois Vehicle Code; and (iii) that
are primarily used for commercial purposes. Through June 30,
2005, this exemption applies to repair and replacement parts
added after the initial purchase of such a motor vehicle if
that motor vehicle is used in a manner that would qualify for
the rolling stock exemption otherwise provided for in this
Act. For purposes of this paragraph, the term "used for
commercial purposes" means the transportation of persons or
property in furtherance of any commercial or industrial
enterprise, whether for-hire or not.
(34) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued
under Title IV of the Environmental Protection Act. This
paragraph is exempt from the provisions of Section 3-90.
(35) Beginning January 1, 2010 and continuing through
December 31, 2029, materials, parts, equipment, components,
and furnishings incorporated into or upon an aircraft as part
of the modification, refurbishment, completion, replacement,
repair, or maintenance of the aircraft. This exemption
includes consumable supplies used in the modification,

10400SB3222ham002 - 194 - LRB104 19119 BDA 38710 a
refurbishment, completion, replacement, repair, and
maintenance of aircraft. However, until January 1, 2024, this
exemption excludes any materials, parts, equipment,
components, and consumable supplies used in the modification,
replacement, repair, and maintenance of aircraft engines or
power plants, whether such engines or power plants are
installed or uninstalled upon any such aircraft. "Consumable
supplies" include, but are not limited to, adhesive, tape,
sandpaper, general purpose lubricants, cleaning solution,
latex gloves, and protective films.
Beginning January 1, 2010 and continuing through December
31, 2023, this exemption applies only to the use of qualifying
tangible personal property by persons who modify, refurbish,
complete, repair, replace, or maintain aircraft and who (i)
hold an Air Agency Certificate and are empowered to operate an
approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation
Regulations. From January 1, 2024 through December 31, 2029,
this exemption applies only to the use of qualifying tangible
personal property by: (A) persons who modify, refurbish,
complete, repair, replace, or maintain aircraft and who (i)
hold an Air Agency Certificate and are empowered to operate an
approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation

10400SB3222ham002 - 195 - LRB104 19119 BDA 38710 a
Regulations; and (B) persons who engage in the modification,
replacement, repair, and maintenance of aircraft engines or
power plants without regard to whether or not those persons
meet the qualifications of item (A).
The exemption does not include aircraft operated by a
commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part
129 of the Federal Aviation Regulations. The changes made to
this paragraph (35) by Public Act 98-534 are declarative of
existing law. It is the intent of the General Assembly that the
exemption under this paragraph (35) applies continuously from
January 1, 2010 through December 31, 2024; however, no claim
for credit or refund is allowed for taxes paid as a result of
the disallowance of this exemption on or after January 1, 2015
and prior to February 5, 2020 (the effective date of Public Act
101-629).
(36) Tangible personal property purchased by a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt
instruments issued by the public-facilities corporation in

10400SB3222ham002 - 196 - LRB104 19119 BDA 38710 a
connection with the development of the municipal convention
hall. This exemption includes existing public-facilities
corporations as provided in Section 11-65-25 of the Illinois
Municipal Code. This paragraph is exempt from the provisions
of Section 3-90.
(37) Beginning January 1, 2017 and through December 31,
2026, menstrual pads, tampons, and menstrual cups.
(38) Merchandise that is subject to the Rental Purchase
Agreement Occupation and Use Tax. The purchaser must certify
that the item is purchased to be rented subject to a
rental-purchase agreement, as defined in the Rental-Purchase
Agreement Act, and provide proof of registration under the
Rental Purchase Agreement Occupation and Use Tax Act. This
paragraph is exempt from the provisions of Section 3-90.
(39) Tangible personal property purchased by a purchaser
who is exempt from the tax imposed by this Act by operation of
federal law. This paragraph is exempt from the provisions of
Section 3-90.
(40) Qualified tangible personal property used in the
construction or operation of a data center that has been
granted a certificate of exemption by the Department of
Commerce and Economic Opportunity, whether that tangible
personal property is purchased by the owner, operator, or
tenant of the data center or by a contractor or subcontractor
of the owner, operator, or tenant. Data centers that would
have qualified for a certificate of exemption prior to January

10400SB3222ham002 - 197 - LRB104 19119 BDA 38710 a
1, 2020 had Public Act 101-31 been in effect may apply for and
obtain an exemption for subsequent purchases of computer
equipment or enabling software purchased or leased to upgrade,
supplement, or replace computer equipment or enabling software
purchased or leased in the original investment that would have
qualified.
The Department of Commerce and Economic Opportunity shall
grant a certificate of exemption under this item (40) to
qualified data centers as defined by Section 605-1025 of the
Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
For the purposes of this item (40):
"Data center" means a building or a series of
buildings rehabilitated or constructed to house working
servers in one physical location or multiple sites within
the State of Illinois.
"Qualified tangible personal property" means:
electrical systems and equipment; climate control and
chilling equipment and systems; mechanical systems and
equipment; monitoring and secure systems; emergency
generators; hardware; computers; servers; data storage
devices; network connectivity equipment; racks; cabinets;
telecommunications cabling infrastructure; raised floor
systems; peripheral components or systems; software;
mechanical, electrical, or plumbing systems; battery
systems; cooling systems and towers; temperature control

10400SB3222ham002 - 198 - LRB104 19119 BDA 38710 a
systems; other cabling; and other data center
infrastructure equipment and systems necessary to operate
qualified tangible personal property, including fixtures;
and component parts of any of the foregoing, including
installation, maintenance, repair, refurbishment, and
replacement of qualified tangible personal property to
generate, transform, transmit, distribute, or manage
electricity necessary to operate qualified tangible
personal property; and all other tangible personal
property that is essential to the operations of a computer
data center. The term "qualified tangible personal
property" also includes building materials physically
incorporated into the qualifying data center. To document
the exemption allowed under this Section, the retailer
must obtain from the purchaser a copy of the certificate
of eligibility issued by the Department of Commerce and
Economic Opportunity.
This item (40) is exempt from the provisions of Section
3-90.
(41) Beginning July 1, 2022, breast pumps, breast pump
collection and storage supplies, and breast pump kits. This
item (41) is exempt from the provisions of Section 3-90. As
used in this item (41):
"Breast pump" means an electrically controlled or
manually controlled pump device designed or marketed to be
used to express milk from a human breast during lactation,

10400SB3222ham002 - 199 - LRB104 19119 BDA 38710 a
including the pump device and any battery, AC adapter, or
other power supply unit that is used to power the pump
device and is packaged and sold with the pump device at the
time of sale.
"Breast pump collection and storage supplies" means
items of tangible personal property designed or marketed
to be used in conjunction with a breast pump to collect
milk expressed from a human breast and to store collected
milk until it is ready for consumption.
"Breast pump collection and storage supplies"
includes, but is not limited to: breast shields and breast
shield connectors; breast pump tubes and tubing adapters;
breast pump valves and membranes; backflow protectors and
backflow protector adaptors; bottles and bottle caps
specific to the operation of the breast pump; and breast
milk storage bags.
"Breast pump collection and storage supplies" does not
include: (1) bottles and bottle caps not specific to the
operation of the breast pump; (2) breast pump travel bags
and other similar carrying accessories, including ice
packs, labels, and other similar products; (3) breast pump
cleaning supplies; (4) nursing bras, bra pads, breast
shells, and other similar products; and (5) creams,
ointments, and other similar products that relieve
breastfeeding-related symptoms or conditions of the
breasts or nipples, unless sold as part of a breast pump

10400SB3222ham002 - 200 - LRB104 19119 BDA 38710 a
kit that is pre-packaged by the breast pump manufacturer
or distributor.
"Breast pump kit" means a kit that: (1) contains no
more than a breast pump, breast pump collection and
storage supplies, a rechargeable battery for operating the
breast pump, a breastmilk cooler, bottle stands, ice
packs, and a breast pump carrying case; and (2) is
pre-packaged as a breast pump kit by the breast pump
manufacturer or distributor.
(42) Tangible personal property sold by or on behalf of
the State Treasurer pursuant to the Revised Uniform Unclaimed
Property Act. This item (42) is exempt from the provisions of
Section 3-90.
(43) Beginning on January 1, 2024, tangible personal
property purchased by an active duty member of the armed
forces of the United States who presents valid military
identification and purchases the property using a form of
payment where the federal government is the payor. The member
of the armed forces must complete, at the point of sale, a form
prescribed by the Department of Revenue documenting that the
transaction is eligible for the exemption under this
paragraph. Retailers must keep the form as documentation of
the exemption in their records for a period of not less than 6
years. "Armed forces of the United States" means the United
States Army, Navy, Air Force, Space Force, Marine Corps, or
Coast Guard. This paragraph is exempt from the provisions of

10400SB3222ham002 - 201 - LRB104 19119 BDA 38710 a
Section 3-90.
(44) Beginning July 1, 2024, home-delivered meals provided
to Medicare or Medicaid recipients when payment is made by an
intermediary, such as a Medicare Administrative Contractor, a
Managed Care Organization, or a Medicare Advantage
Organization, pursuant to a government contract. This item
(44) is exempt from the provisions of Section 3-90.
(45) Beginning on January 1, 2026, as further defined in
Section 3-10, food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, food consisting of or infused with adult
use cannabis, soft drinks, candy, and food that has been
prepared for immediate consumption, and, beginning on November
12, 2026, food that is a final consumer hemp cannabinoid
product as defined in the Illinois Hemp Act). This item (45) is
exempt from the provisions of Section 3-90.
(46) Use by the lessee of the following leased tangible
personal property:
(1) software transferred subject to a license that
meets the following requirements:
(A) it is evidenced by a written agreement signed
by the licensor and the customer;
(i) an electronic agreement in which the
customer accepts the license by means of an
electronic signature that is verifiable and can be
authenticated and is attached to or made part of

10400SB3222ham002 - 202 - LRB104 19119 BDA 38710 a
the license will comply with this requirement;
(ii) a license agreement in which the customer
electronically accepts the terms by clicking "I
agree" does not comply with this requirement;
(B) it restricts the customer's duplication and
use of the software;
(C) it prohibits the customer from licensing,
sublicensing, or transferring the software to a third
party (except to a related party) without the
permission and continued control of the licensor;
(D) the licensor has a policy of providing another
copy at minimal or no charge if the customer loses or
damages the software, or of permitting the licensee to
make and keep an archival copy, and such policy is
either stated in the license agreement, supported by
the licensor's books and records, or supported by a
notarized statement made under penalties of perjury by
the licensor; and
(E) the customer must destroy or return all copies
of the software to the licensor at the end of the
license period; this provision is deemed to be met, in
the case of a perpetual license, without being set
forth in the license agreement; and
(2) property that is subject to a tax on lease
receipts imposed by a home rule unit of local government
if the ordinance imposing that tax was adopted prior to

10400SB3222ham002 - 203 - LRB104 19119 BDA 38710 a
January 1, 2023.
(Source: P.A. 103-9, Article 5, Section 5-5, eff. 6-7-23;
103-9, Article 15, Section 15-5, eff. 6-7-23; 103-154, eff.
6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605,
eff. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25;
103-781, eff. 8-5-24; 104-417, eff. 8-15-25.)
(35 ILCS 105/3-10) from Ch. 120, par. 439.33-10
Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
either the selling price or the fair market value, if any, of
the tangible personal property, which, on and after January 1,
2025, includes leases of tangible personal property. In all
cases where property functionally used or consumed is the same
as the property that was purchased at retail, then the tax is
imposed on the selling price of the property. In all cases
where property functionally used or consumed is a by-product
or waste product that has been refined, manufactured, or
produced from property purchased at retail, then the tax is
imposed on the lower of the fair market value, if any, of the
specific property so used in this State or on the selling price
of the property purchased at retail. For purposes of this
Section "fair market value" means the price at which property
would change hands between a willing buyer and a willing
seller, neither being under any compulsion to buy or sell and
both having reasonable knowledge of the relevant facts. The

10400SB3222ham002 - 204 - LRB104 19119 BDA 38710 a
fair market value shall be established by Illinois sales by
the taxpayer of the same property as that functionally used or
consumed, or if there are no such sales by the taxpayer, then
comparable sales or purchases of property of like kind and
character in Illinois.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
Beginning on August 6, 2010 through August 15, 2010, and
beginning again on August 5, 2022 through August 14, 2022,
with respect to sales tax holiday items as defined in Section
3-6 of this Act, the tax is imposed at the rate of 1.25%.
With respect to gasohol, the tax imposed by this Act
applies to (i) 70% of the proceeds of sales made on or after
January 1, 1990, and before July 1, 2003, (ii) 80% of the
proceeds of sales made on or after July 1, 2003 and on or
before July 1, 2017, (iii) 100% of the proceeds of sales made
after July 1, 2017 and prior to January 1, 2024, (iv) 90% of
the proceeds of sales made on or after January 1, 2024 and on
or before December 31, 2028, and (v) 100% of the proceeds of
sales made after December 31, 2028. If, at any time, however,
the tax under this Act on sales of gasohol is imposed at the
rate of 1.25%, then the tax imposed by this Act applies to 100%
of the proceeds of sales of gasohol made during that time.
With respect to mid-range ethanol blends, the tax imposed

10400SB3222ham002 - 205 - LRB104 19119 BDA 38710 a
by this Act applies to (i) 80% of the proceeds of sales made on
or after January 1, 2024 and on or before December 31, 2028 and
(ii) 100% of the proceeds of sales made thereafter. If, at any
time, however, the tax under this Act on sales of mid-range
ethanol blends is imposed at the rate of 1.25%, then the tax
imposed by this Act applies to 100% of the proceeds of sales of
mid-range ethanol blends made during that time.
With respect to majority blended ethanol fuel, the tax
imposed by this Act does not apply to the proceeds of sales
made on or after July 1, 2003 and on or before December 31,
2028 but applies to 100% of the proceeds of sales made
thereafter.
With respect to biodiesel blends with no less than 1% and
no more than 10% biodiesel, the tax imposed by this Act applies
to (i) 80% of the proceeds of sales made on or after July 1,
2003 and on or before December 31, 2018 and (ii) 100% of the
proceeds of sales made after December 31, 2018 and before
January 1, 2024. On and after January 1, 2024 and on or before
December 31, 2030, the taxation of biodiesel, renewable
diesel, and biodiesel blends shall be as provided in Section
3-5.1. If, at any time, however, the tax under this Act on
sales of biodiesel blends with no less than 1% and no more than
10% biodiesel is imposed at the rate of 1.25%, then the tax
imposed by this Act applies to 100% of the proceeds of sales of
biodiesel blends with no less than 1% and no more than 10%
biodiesel made during that time.

10400SB3222ham002 - 206 - LRB104 19119 BDA 38710 a
With respect to biodiesel and biodiesel blends with more
than 10% but no more than 99% biodiesel, the tax imposed by
this Act does not apply to the proceeds of sales made on or
after July 1, 2003 and on or before December 31, 2023. On and
after January 1, 2024 and on or before December 31, 2030, the
taxation of biodiesel, renewable diesel, and biodiesel blends
shall be as provided in Section 3-5.1.
Until July 1, 2022 and from July 1, 2023 through December
31, 2025, with respect to food for human consumption that is to
be consumed off the premises where it is sold (other than
alcoholic beverages, food consisting of or infused with adult
use cannabis, soft drinks, and food that has been prepared for
immediate consumption, and, beginning on November 12, 2026,
food that is a final consumer hemp cannabinoid product as
defined in the Illinois Hemp Act), the tax is imposed at the
rate of 1%. Beginning on July 1, 2022 and until July 1, 2023,
with respect to food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, food consisting of or infused with adult
use cannabis, soft drinks, and food that has been prepared for
immediate consumption), the tax is imposed at the rate of 0%.
On and after January 1, 2026, food for human consumption that
is to be consumed off the premises where it is sold (other than
alcoholic beverages, food consisting of or infused with adult
use cannabis, soft drinks, candy, and food that has been
prepared for immediate consumption) is exempt from the tax

10400SB3222ham002 - 207 - LRB104 19119 BDA 38710 a
imposed by this Act.
With respect to prescription and nonprescription
medicines, drugs, medical appliances, products classified as
Class III medical devices by the United States Food and Drug
Administration that are used for cancer treatment pursuant to
a prescription, as well as any accessories and components
related to those devices, modifications to a motor vehicle for
the purpose of rendering it usable by a person with a
disability, and insulin, blood sugar testing materials,
syringes, and needles used by human diabetics, the tax is
imposed at the rate of 1%. For the purposes of this Section,
until September 1, 2009: the term "soft drinks" means any
complete, finished, ready-to-use, non-alcoholic drink, whether
carbonated or not, including, but not limited to, soda water,
cola, fruit juice, vegetable juice, carbonated water, and all
other preparations commonly known as soft drinks of whatever
kind or description that are contained in any closed or sealed
bottle, can, carton, or container, regardless of size; but
"soft drinks" does not include coffee, tea, non-carbonated
water, infant formula, milk or milk products as defined in the
Grade A Pasteurized Milk and Milk Products Act, or drinks
containing 50% or more natural fruit or vegetable juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" does not include beverages that contain milk or milk

10400SB3222ham002 - 208 - LRB104 19119 BDA 38710 a
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or
other ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For

10400SB3222ham002 - 209 - LRB104 19119 BDA 38710 a
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 CFR 201.66. The "over-the-counter-drug"
label includes:
(A) a "Drug Facts" panel; or
(B) a statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
Beginning on January 1, 2014 (the effective date of Public
Act 98-122), "prescription and nonprescription medicines and
drugs" includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Program Act.
Beginning 90 days after the effective date of this
amendatory Act of the 104th General Assembly, "prescription
and nonprescription medicines and drugs" includes cannabis or
cannabis-infused products purchased by a qualified patient,
provisional patient, designated caregiver, or Opioid
Alternative Patient Program participant as part of that
individual's adequate medical supply from any dispensary that

10400SB3222ham002 - 210 - LRB104 19119 BDA 38710 a
has been issued a Medical Cannabis Dispensing Organization
license, as these terms are defined under the Cannabis
Regulation and Tax Act.
Beginning on the November 12, 2026, "prescription and
nonprescription medicines and drugs" does not include a final
consumer hemp cannabinoid product as defined in the Illinois
Hemp Act.
As used in this Section, "adult use cannabis" means
cannabis subject to tax under the Cannabis Cultivation
Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
and does not include cannabis subject to tax under the
Compassionate Use of Medical Cannabis Program Act.
Beginning 90 days after the effective date of this
amendatory Act of the 104th General Assembly, as used in this
Section, "adult use cannabis" does not include cannabis or
cannabis-infused products purchased by a qualified patient,
provisional patient, designated caregiver, or Opioid
Alternative Patient Program participant as part of that
individual's adequate medical supply from any dispensary that
has been issued a Medical Cannabis Dispensing Organization
license.
If the property that is purchased at retail from a
retailer is acquired outside Illinois and used outside
Illinois before being brought to Illinois for use here and is
taxable under this Act, the "selling price" on which the tax is
computed shall be reduced by an amount that represents a

10400SB3222ham002 - 211 - LRB104 19119 BDA 38710 a
reasonable allowance for depreciation for the period of prior
out-of-state use. No depreciation is allowed in cases where
the tax under this Act is imposed on lease receipts.
(Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;
103-592, eff. 1-1-25; 103-781, eff. 8-5-24; 104-417, eff.
8-15-25.)
Section 125. The Service Use Tax Act is amended by
changing Sections 3-5 and 3-10 as follows:
(35 ILCS 110/3-5)
Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
(2) Personal property purchased by a non-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
(3) Personal property purchased by a not-for-profit arts
or cultural organization that establishes, by proof required
by the Department by rule, that it has received an exemption

10400SB3222ham002 - 212 - LRB104 19119 BDA 38710 a
under Section 501(c)(3) of the Internal Revenue Code and that
is organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after July 1, 2001 (the
effective date of Public Act 92-35), however, an entity
otherwise eligible for this exemption shall not make tax-free
purchases unless it has an active identification number issued
by the Department.
(4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
(5) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new
and used, and including that manufactured on special order or
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product. Beginning on
July 1, 2017, graphic arts machinery and equipment is included

10400SB3222ham002 - 213 - LRB104 19119 BDA 38710 a
in the manufacturing and assembling machinery and equipment
exemption under Section 2 of this Act.
(6) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required
to be registered under Section 3-809 of the Illinois Vehicle
Code, but excluding other motor vehicles required to be
registered under the Illinois Vehicle Code. Horticultural
polyhouses or hoop houses used for propagating, growing, or
overwintering plants shall be considered farm machinery and
equipment under this item (7). Agricultural chemical tender
tanks and dry boxes shall include units sold separately from a
motor vehicle required to be licensed and units sold mounted
on a motor vehicle required to be licensed if the selling price
of the tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be

10400SB3222ham002 - 214 - LRB104 19119 BDA 38710 a
installed on farm machinery and equipment, including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals.
Beginning on January 1, 2024, farm machinery and equipment
also includes electrical power generation equipment used
primarily for production agriculture.
This item (7) is exempt from the provisions of Section
3-75.
(8) Until June 30, 2013, fuel and petroleum products sold
to or used by an air common carrier, certified by the carrier
to be used for consumption, shipment, or storage in the
conduct of its business as an air common carrier, for a flight
destined for or returning from a location or locations outside
the United States without regard to previous or subsequent
domestic stopovers.
Beginning July 1, 2013, fuel and petroleum products sold

10400SB3222ham002 - 215 - LRB104 19119 BDA 38710 a
to or used by an air carrier, certified by the carrier to be
used for consumption, shipment, or storage in the conduct of
its business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports
at least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.
(9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages acquired as an incident to the purchase of a
service from a serviceman, to the extent that the proceeds of
the service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
(10) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of
rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)
pipe and tubular goods, including casing and drill strings,
(iii) pumps and pump-jack units, (iv) storage tanks and flow
lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi)
machinery and equipment purchased for lease; but excluding

10400SB3222ham002 - 216 - LRB104 19119 BDA 38710 a
motor vehicles required to be registered under the Illinois
Vehicle Code.
(11) Proceeds from the sale of photoprocessing machinery
and equipment, including repair and replacement parts, both
new and used, including that manufactured on special order,
certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
(12) Until July 1, 2028, coal and aggregate exploration,
mining, off-highway hauling, processing, maintenance, and
reclamation equipment, including replacement parts and
equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the
Illinois Vehicle Code. The changes made to this Section by
Public Act 97-767 apply on and after July 1, 2003, but no claim
for credit or refund is allowed on or after August 16, 2013
(the effective date of Public Act 98-456) for such taxes paid
during the period beginning July 1, 2003 and ending on August
16, 2013 (the effective date of Public Act 98-456).
(13) Semen used for artificial insemination of livestock
for direct agricultural production.
(14) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or

10400SB3222ham002 - 217 - LRB104 19119 BDA 38710 a
racing for prizes. This item (14) is exempt from the
provisions of Section 3-75, and the exemption provided for
under this item (14) applies for all periods beginning May 30,
1995, but no claim for credit or refund is allowed on or after
January 1, 2008 (the effective date of Public Act 95-88) for
such taxes paid during the period beginning May 30, 2000 and
ending on January 1, 2008 (the effective date of Public Act
95-88).
(15) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is leased
in a manner that does not qualify for this exemption or is used
in any other non-exempt manner, the lessor shall be liable for
the tax imposed under this Act or the Use Tax Act, as the case
may be, based on the fair market value of the property at the
time the non-qualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Use Tax Act, as the case may be, if the tax has not
been paid by the lessor. If a lessor improperly collects any

10400SB3222ham002 - 218 - LRB104 19119 BDA 38710 a
such amount from the lessee, the lessee shall have a legal
right to claim a refund of that amount from the lessor. If,
however, that amount is not refunded to the lessee for any
reason, the lessor is liable to pay that amount to the
Department.
(16) Personal property purchased by a lessor who leases
the property, under a lease of one year or longer executed or
in effect at the time the lessor would otherwise be subject to
the tax imposed by this Act, to a governmental body that has
been issued an active tax exemption identification number by
the Department under Section 1g of the Retailers' Occupation
Tax Act. If the property is leased in a manner that does not
qualify for this exemption or is used in any other non-exempt
manner, the lessor shall be liable for the tax imposed under
this Act or the Use Tax Act, as the case may be, based on the
fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt
to collect an amount (however designated) that purports to
reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid
by the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that
amount is not refunded to the lessee for any reason, the lessor
is liable to pay that amount to the Department.
(17) Beginning with taxable years ending on or after

10400SB3222ham002 - 219 - LRB104 19119 BDA 38710 a
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
(18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including, but not limited to, municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities located
in the declared disaster area within 6 months after the
disaster.
(19) Beginning July 1, 1999, game or game birds purchased
at a "game breeding and hunting preserve area" as that term is
used in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-75.

10400SB3222ham002 - 220 - LRB104 19119 BDA 38710 a
(20) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the
Department to be organized and operated exclusively for
educational purposes. For purposes of this exemption, "a
corporation, limited liability company, society, association,
foundation, or institution organized and operated exclusively
for educational purposes" means all tax-supported public
schools, private schools that offer systematic instruction in
useful branches of learning by methods common to public
schools and that compare favorably in their scope and
intensity with the course of study presented in tax-supported
schools, and vocational or technical schools or institutes
organized and operated exclusively to provide a course of
study of not less than 6 weeks duration and designed to prepare
individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
(21) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph

10400SB3222ham002 - 221 - LRB104 19119 BDA 38710 a
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-75.
(22) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and
other items, and replacement parts for these machines.
Beginning January 1, 2002 and through June 30, 2003, machines
and parts for machines used in commercial, coin-operated
amusement and vending business if a use or occupation tax is
paid on the gross receipts derived from the use of the
commercial, coin-operated amusement and vending machines. This
paragraph is exempt from the provisions of Section 3-75.
(23) Beginning August 23, 2001 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages,
soft drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who

10400SB3222ham002 - 222 - LRB104 19119 BDA 38710 a
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act, the MC/DD Act, or the
Specialized Mental Health Rehabilitation Act of 2013.
(24) Beginning on August 2, 2001 (the effective date of
Public Act 92-227), computers and communications equipment
utilized for any hospital purpose and equipment used in the
diagnosis, analysis, or treatment of hospital patients
purchased by a lessor who leases the equipment, under a lease
of one year or longer executed or in effect at the time the
lessor would otherwise be subject to the tax imposed by this
Act, to a hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. If the equipment is leased
in a manner that does not qualify for this exemption or is used
in any other nonexempt manner, the lessor shall be liable for
the tax imposed under this Act or the Use Tax Act, as the case
may be, based on the fair market value of the property at the
time the nonqualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Use Tax Act, as the case may be, if the tax has not
been paid by the lessor. If a lessor improperly collects any
such amount from the lessee, the lessee shall have a legal
right to claim a refund of that amount from the lessor. If,
however, that amount is not refunded to the lessee for any

10400SB3222ham002 - 223 - LRB104 19119 BDA 38710 a
reason, the lessor is liable to pay that amount to the
Department. This paragraph is exempt from the provisions of
Section 3-75.
(25) Beginning on August 2, 2001 (the effective date of
Public Act 92-227), personal property purchased by a lessor
who leases the property, under a lease of one year or longer
executed or in effect at the time the lessor would otherwise be
subject to the tax imposed by this Act, to a governmental body
that has been issued an active tax exemption identification
number by the Department under Section 1g of the Retailers'
Occupation Tax Act. If the property is leased in a manner that
does not qualify for this exemption or is used in any other
nonexempt manner, the lessor shall be liable for the tax
imposed under this Act or the Use Tax Act, as the case may be,
based on the fair market value of the property at the time the
nonqualifying use occurs. No lessor shall collect or attempt
to collect an amount (however designated) that purports to
reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid
by the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that
amount is not refunded to the lessee for any reason, the lessor
is liable to pay that amount to the Department. This paragraph
is exempt from the provisions of Section 3-75.
(26) Beginning January 1, 2008, tangible personal property

10400SB3222ham002 - 224 - LRB104 19119 BDA 38710 a
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued
under Title IV of the Environmental Protection Act. This
paragraph is exempt from the provisions of Section 3-75.
(27) Beginning January 1, 2010 and continuing through
December 31, 2029, materials, parts, equipment, components,
and furnishings incorporated into or upon an aircraft as part
of the modification, refurbishment, completion, replacement,
repair, or maintenance of the aircraft. This exemption
includes consumable supplies used in the modification,
refurbishment, completion, replacement, repair, and
maintenance of aircraft. However, until January 1, 2024, this
exemption excludes any materials, parts, equipment,
components, and consumable supplies used in the modification,
replacement, repair, and maintenance of aircraft engines or
power plants, whether such engines or power plants are
installed or uninstalled upon any such aircraft. "Consumable
supplies" include, but are not limited to, adhesive, tape,
sandpaper, general purpose lubricants, cleaning solution,
latex gloves, and protective films.
Beginning January 1, 2010 and continuing through December
31, 2023, this exemption applies only to the use of qualifying
tangible personal property transferred incident to the
modification, refurbishment, completion, replacement, repair,

10400SB3222ham002 - 225 - LRB104 19119 BDA 38710 a
or maintenance of aircraft by persons who (i) hold an Air
Agency Certificate and are empowered to operate an approved
repair station by the Federal Aviation Administration, (ii)
have a Class IV Rating, and (iii) conduct operations in
accordance with Part 145 of the Federal Aviation Regulations.
From January 1, 2024 through December 31, 2029, this exemption
applies only to the use of qualifying tangible personal
property transferred incident to: (A) the modification,
refurbishment, completion, repair, replacement, or maintenance
of an aircraft by persons who (i) hold an Air Agency
Certificate and are empowered to operate an approved repair
station by the Federal Aviation Administration, (ii) have a
Class IV Rating, and (iii) conduct operations in accordance
with Part 145 of the Federal Aviation Regulations; and (B) the
modification, replacement, repair, and maintenance of aircraft
engines or power plants without regard to whether or not those
persons meet the qualifications of item (A).
The exemption does not include aircraft operated by a
commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part
129 of the Federal Aviation Regulations. The changes made to
this paragraph (27) by Public Act 98-534 are declarative of
existing law. It is the intent of the General Assembly that the
exemption under this paragraph (27) applies continuously from
January 1, 2010 through December 31, 2024; however, no claim
for credit or refund is allowed for taxes paid as a result of

10400SB3222ham002 - 226 - LRB104 19119 BDA 38710 a
the disallowance of this exemption on or after January 1, 2015
and prior to February 5, 2020 (the effective date of Public Act
101-629).
(28) Tangible personal property purchased by a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt
instruments issued by the public-facilities corporation in
connection with the development of the municipal convention
hall. This exemption includes existing public-facilities
corporations as provided in Section 11-65-25 of the Illinois
Municipal Code. This paragraph is exempt from the provisions
of Section 3-75.
(29) Beginning January 1, 2017 and through December 31,
2026, menstrual pads, tampons, and menstrual cups.
(30) Tangible personal property transferred to a purchaser
who is exempt from the tax imposed by this Act by operation of
federal law. This paragraph is exempt from the provisions of
Section 3-75.
(31) Qualified tangible personal property used in the
construction or operation of a data center that has been

10400SB3222ham002 - 227 - LRB104 19119 BDA 38710 a
granted a certificate of exemption by the Department of
Commerce and Economic Opportunity, whether that tangible
personal property is purchased by the owner, operator, or
tenant of the data center or by a contractor or subcontractor
of the owner, operator, or tenant. Data centers that would
have qualified for a certificate of exemption prior to January
1, 2020 had Public Act 101-31 been in effect, may apply for and
obtain an exemption for subsequent purchases of computer
equipment or enabling software purchased or leased to upgrade,
supplement, or replace computer equipment or enabling software
purchased or leased in the original investment that would have
qualified.
The Department of Commerce and Economic Opportunity shall
grant a certificate of exemption under this item (31) to
qualified data centers as defined by Section 605-1025 of the
Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
For the purposes of this item (31):
"Data center" means a building or a series of
buildings rehabilitated or constructed to house working
servers in one physical location or multiple sites within
the State of Illinois.
"Qualified tangible personal property" means:
electrical systems and equipment; climate control and
chilling equipment and systems; mechanical systems and
equipment; monitoring and secure systems; emergency

10400SB3222ham002 - 228 - LRB104 19119 BDA 38710 a
generators; hardware; computers; servers; data storage
devices; network connectivity equipment; racks; cabinets;
telecommunications cabling infrastructure; raised floor
systems; peripheral components or systems; software;
mechanical, electrical, or plumbing systems; battery
systems; cooling systems and towers; temperature control
systems; other cabling; and other data center
infrastructure equipment and systems necessary to operate
qualified tangible personal property, including fixtures;
and component parts of any of the foregoing, including
installation, maintenance, repair, refurbishment, and
replacement of qualified tangible personal property to
generate, transform, transmit, distribute, or manage
electricity necessary to operate qualified tangible
personal property; and all other tangible personal
property that is essential to the operations of a computer
data center. The term "qualified tangible personal
property" also includes building materials physically
incorporated into the qualifying data center. To document
the exemption allowed under this Section, the retailer
must obtain from the purchaser a copy of the certificate
of eligibility issued by the Department of Commerce and
Economic Opportunity.
This item (31) is exempt from the provisions of Section
3-75.
(32) Beginning July 1, 2022, breast pumps, breast pump

10400SB3222ham002 - 229 - LRB104 19119 BDA 38710 a
collection and storage supplies, and breast pump kits. This
item (32) is exempt from the provisions of Section 3-75. As
used in this item (32):
"Breast pump" means an electrically controlled or
manually controlled pump device designed or marketed to be
used to express milk from a human breast during lactation,
including the pump device and any battery, AC adapter, or
other power supply unit that is used to power the pump
device and is packaged and sold with the pump device at the
time of sale.
"Breast pump collection and storage supplies" means
items of tangible personal property designed or marketed
to be used in conjunction with a breast pump to collect
milk expressed from a human breast and to store collected
milk until it is ready for consumption.
"Breast pump collection and storage supplies"
includes, but is not limited to: breast shields and breast
shield connectors; breast pump tubes and tubing adapters;
breast pump valves and membranes; backflow protectors and
backflow protector adaptors; bottles and bottle caps
specific to the operation of the breast pump; and breast
milk storage bags.
"Breast pump collection and storage supplies" does not
include: (1) bottles and bottle caps not specific to the
operation of the breast pump; (2) breast pump travel bags
and other similar carrying accessories, including ice

10400SB3222ham002 - 230 - LRB104 19119 BDA 38710 a
packs, labels, and other similar products; (3) breast pump
cleaning supplies; (4) nursing bras, bra pads, breast
shells, and other similar products; and (5) creams,
ointments, and other similar products that relieve
breastfeeding-related symptoms or conditions of the
breasts or nipples, unless sold as part of a breast pump
kit that is pre-packaged by the breast pump manufacturer
or distributor.
"Breast pump kit" means a kit that: (1) contains no
more than a breast pump, breast pump collection and
storage supplies, a rechargeable battery for operating the
breast pump, a breastmilk cooler, bottle stands, ice
packs, and a breast pump carrying case; and (2) is
pre-packaged as a breast pump kit by the breast pump
manufacturer or distributor.
(33) Tangible personal property sold by or on behalf of
the State Treasurer pursuant to the Revised Uniform Unclaimed
Property Act. This item (33) is exempt from the provisions of
Section 3-75.
(34) Beginning on January 1, 2024, tangible personal
property purchased by an active duty member of the armed
forces of the United States who presents valid military
identification and purchases the property using a form of
payment where the federal government is the payor. The member
of the armed forces must complete, at the point of sale, a form
prescribed by the Department of Revenue documenting that the

10400SB3222ham002 - 231 - LRB104 19119 BDA 38710 a
transaction is eligible for the exemption under this
paragraph. Retailers must keep the form as documentation of
the exemption in their records for a period of not less than 6
years. "Armed forces of the United States" means the United
States Army, Navy, Air Force, Space Force, Marine Corps, or
Coast Guard. This paragraph is exempt from the provisions of
Section 3-75.
(35) Beginning July 1, 2024, home-delivered meals provided
to Medicare or Medicaid recipients when payment is made by an
intermediary, such as a Medicare Administrative Contractor, a
Managed Care Organization, or a Medicare Advantage
Organization, pursuant to a government contract. This
paragraph (35) is exempt from the provisions of Section 3-75.
(36) Beginning on January 1, 2026, as further defined in
Section 3-10, food prepared for immediate consumption and
transferred incident to a sale of service subject to this Act
or the Service Occupation Tax Act by an entity licensed under
the Hospital Licensing Act, the Nursing Home Care Act, the
Assisted Living and Shared Housing Act, the ID/DD Community
Care Act, the MC/DD Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the Child Care Act of 1969 or by
an entity that holds a permit issued pursuant to the Life Care
Facilities Act. This item (36) is exempt from the provisions
of Section 3-75.
(37) Beginning on January 1, 2026, as further defined in
Section 3-10, food for human consumption that is to be

10400SB3222ham002 - 232 - LRB104 19119 BDA 38710 a
consumed off the premises where it is sold (other than
alcoholic beverages, food consisting of or infused with adult
use cannabis, soft drinks, candy, and food that has been
prepared for immediate consumption, and, beginning on November
12, 2026, food that is a final consumer hemp cannabinoid
product as defined in the Illinois Hemp Act). This item (37) is
exempt from the provisions of Section 3-75.
(38) Use by a lessee of the following leased tangible
personal property:
(1) software transferred subject to a license that
meets the following requirements:
(A) it is evidenced by a written agreement signed
by the licensor and the customer;
(i) an electronic agreement in which the
customer accepts the license by means of an
electronic signature that is verifiable and can be
authenticated and is attached to or made part of
the license will comply with this requirement;
(ii) a license agreement in which the customer
electronically accepts the terms by clicking "I
agree" does not comply with this requirement;
(B) it restricts the customer's duplication and
use of the software;
(C) it prohibits the customer from licensing,
sublicensing, or transferring the software to a third
party (except to a related party) without the

10400SB3222ham002 - 233 - LRB104 19119 BDA 38710 a
permission and continued control of the licensor;
(D) the licensor has a policy of providing another
copy at minimal or no charge if the customer loses or
damages the software, or of permitting the licensee to
make and keep an archival copy, and such policy is
either stated in the license agreement, supported by
the licensor's books and records, or supported by a
notarized statement made under penalties of perjury by
the licensor; and
(E) the customer must destroy or return all copies
of the software to the licensor at the end of the
license period; this provision is deemed to be met, in
the case of a perpetual license, without being set
forth in the license agreement; and
(2) property that is subject to a tax on lease
receipts imposed by a home rule unit of local government
if the ordinance imposing that tax was adopted prior to
January 1, 2023.
(Source: P.A. 103-9, Article 5, Section 5-10, eff. 6-7-23;
103-9, Article 15, Section 15-10, eff. 6-7-23; 103-154, eff.
6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605,
eff. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25;
103-781, eff. 8-5-24; 103-995, eff. 8-9-24; 104-417, eff.
8-15-25.)
(35 ILCS 110/3-10)

10400SB3222ham002 - 234 - LRB104 19119 BDA 38710 a
Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the selling price of tangible personal property transferred,
including, on and after January 1, 2025, transferred by lease,
as an incident to the sale of service, but, for the purpose of
computing this tax, in no event shall the selling price be less
than the cost price of the property to the serviceman.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the selling price
of property transferred as an incident to the sale of service
on or after January 1, 1990, and before July 1, 2003, (ii) 80%
of the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
July 1, 2017, (iii) 100% of the selling price of property
transferred as an incident to the sale of service after July 1,
2017 and before January 1, 2024, (iv) 90% of the selling price
of property transferred as an incident to the sale of service
on or after January 1, 2024 and on or before December 31, 2028,
and (v) 100% of the selling price of property transferred as an
incident to the sale of service after December 31, 2028. If, at
any time, however, the tax under this Act on sales of gasohol,
as defined in the Use Tax Act, is imposed at the rate of 1.25%,

10400SB3222ham002 - 235 - LRB104 19119 BDA 38710 a
then the tax imposed by this Act applies to 100% of the
proceeds of sales of gasohol made during that time.
With respect to mid-range ethanol blends, as defined in
Section 3-44.3 of the Use Tax Act, the tax imposed by this Act
applies to (i) 80% of the selling price of property
transferred as an incident to the sale of service on or after
January 1, 2024 and on or before December 31, 2028 and (ii)
100% of the selling price of property transferred as an
incident to the sale of service after December 31, 2028. If, at
any time, however, the tax under this Act on sales of mid-range
ethanol blends is imposed at the rate of 1.25%, then the tax
imposed by this Act applies to 100% of the selling price of
mid-range ethanol blends transferred as an incident to the
sale of service during that time.
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2028 but applies to 100% of the selling price
thereafter.
With respect to biodiesel blends, as defined in the Use
Tax Act, with no less than 1% and no more than 10% biodiesel,
the tax imposed by this Act applies to (i) 80% of the selling
price of property transferred as an incident to the sale of
service on or after July 1, 2003 and on or before December 31,
2018 and (ii) 100% of the proceeds of the selling price after

10400SB3222ham002 - 236 - LRB104 19119 BDA 38710 a
December 31, 2018 and before January 1, 2024. On and after
January 1, 2024 and on or before December 31, 2030, the
taxation of biodiesel, renewable diesel, and biodiesel blends
shall be as provided in Section 3-5.1 of the Use Tax Act. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
With respect to biodiesel, as defined in the Use Tax Act,
and biodiesel blends, as defined in the Use Tax Act, with more
than 10% but no more than 99% biodiesel, the tax imposed by
this Act does not apply to the proceeds of the selling price of
property transferred as an incident to the sale of service on
or after July 1, 2003 and on or before December 31, 2023. On
and after January 1, 2024 and on or before December 31, 2030,
the taxation of biodiesel, renewable diesel, and biodiesel
blends shall be as provided in Section 3-5.1 of the Use Tax
Act.
At the election of any registered serviceman made for each
fiscal year, for whom the aggregate annual cost price of
tangible personal property transferred as an incident to the
sales of service is less than 35%, or 75% in the case of
servicemen transferring prescription drugs or servicemen
engaged in graphic arts production, of the aggregate annual

10400SB3222ham002 - 237 - LRB104 19119 BDA 38710 a
total gross receipts from all sales of service, the tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred as an
incident to the sale of those services. This election may also
be made by any serviceman maintaining a place of business in
this State who makes retail sales from outside of this State to
Illinois customers but is not required to be registered under
Section 2a of the Retailers' Occupation Tax Act. Beginning
January 1, 2026, this election shall not apply to any sale of
service made through a marketplace that has met the threshold
in subsection (b-5) of Section 2d of this Act.
Beginning January 1, 2026, the tax shall be imposed at the
rate of 6.25% of 50% of the entire billing to the service
customer for all sales of service made through a marketplace
that has met the threshold in subsection (b-5) of Section 2d of
this Act. In no event shall 50% of the entire billing be less
than the cost price of the property to the marketplace
serviceman or the marketplace facilitator on its own sales of
service.
Until July 1, 2022 and from July 1, 2023 through December
31, 2025, the tax shall be imposed at the rate of 1% on food
prepared for immediate consumption and transferred incident to
a sale of service subject to this Act or the Service Occupation
Tax Act by an entity licensed under the Hospital Licensing
Act, the Nursing Home Care Act, the Assisted Living and Shared
Housing Act, the ID/DD Community Care Act, the MC/DD Act, the

10400SB3222ham002 - 238 - LRB104 19119 BDA 38710 a
Specialized Mental Health Rehabilitation Act of 2013, or the
Child Care Act of 1969, or an entity that holds a permit issued
pursuant to the Life Care Facilities Act. Until July 1, 2022
and from July 1, 2023 through December 31, 2025, the tax shall
also be imposed at the rate of 1% on food for human consumption
that is to be consumed off the premises where it is sold (other
than alcoholic beverages, food consisting of or infused with
adult use cannabis, soft drinks, and food that has been
prepared for immediate consumption and is not otherwise
included in this paragraph).
Beginning on July 1, 2022 and until July 1, 2023, the tax
shall be imposed at the rate of 0% on food prepared for
immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the Assisted Living and Shared Housing
Act, the ID/DD Community Care Act, the MC/DD Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
Child Care Act of 1969, or an entity that holds a permit issued
pursuant to the Life Care Facilities Act. Beginning on July 1,
2022 and until July 1, 2023, the tax shall also be imposed at
the rate of 0% on food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, food consisting of or infused with adult
use cannabis, soft drinks, and food that has been prepared for
immediate consumption and is not otherwise included in this

10400SB3222ham002 - 239 - LRB104 19119 BDA 38710 a
paragraph, and, beginning on November 12, 2026, food that is a
final consumer hemp cannabinoid product as defined in the
Illinois Hemp Act).
On and after January 1, 2026, food prepared for immediate
consumption and transferred incident to a sale of service
subject to this Act or the Service Occupation Tax Act by an
entity licensed under the Hospital Licensing Act, the Nursing
Home Care Act, the Assisted Living and Shared Housing Act, the
ID/DD Community Care Act, the MC/DD Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the Child Care
Act of 1969, or by an entity that holds a permit issued
pursuant to the Life Care Facilities Act is exempt from the tax
under this Act. On and after January 1, 2026, food for human
consumption that is to be consumed off the premises where it is
sold (other than alcoholic beverages, food consisting of or
infused with adult use cannabis, soft drinks, candy, and food
that has been prepared for immediate consumption and is not
otherwise included in this paragraph) is exempt from the tax
under this Act.
The tax shall be imposed at the rate of 1% on prescription
and nonprescription medicines, drugs, medical appliances,
products classified as Class III medical devices by the United
States Food and Drug Administration that are used for cancer
treatment pursuant to a prescription, as well as any
accessories and components related to those devices,
modifications to a motor vehicle for the purpose of rendering

10400SB3222ham002 - 240 - LRB104 19119 BDA 38710 a
it usable by a person with a disability, and insulin, blood
sugar testing materials, syringes, and needles used by human
diabetics. For the purposes of this Section, until September
1, 2009: the term "soft drinks" means any complete, finished,
ready-to-use, non-alcoholic drink, whether carbonated or not,
including, but not limited to, soda water, cola, fruit juice,
vegetable juice, carbonated water, and all other preparations
commonly known as soft drinks of whatever kind or description
that are contained in any closed or sealed bottle, can,
carton, or container, regardless of size; but "soft drinks"
does not include coffee, tea, non-carbonated water, infant
formula, milk or milk products as defined in the Grade A
Pasteurized Milk and Milk Products Act, or drinks containing
50% or more natural fruit or vegetable juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" does not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning

10400SB3222ham002 - 241 - LRB104 19119 BDA 38710 a
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or
other ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug

10400SB3222ham002 - 242 - LRB104 19119 BDA 38710 a
as required by 21 CFR 201.66. The "over-the-counter-drug"
label includes:
(A) a "Drug Facts" panel; or
(B) a statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
Beginning on January 1, 2014 (the effective date of Public
Act 98-122), "prescription and nonprescription medicines and
drugs" includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Program Act.
Beginning 90 days after the effective date of this
amendatory Act of the 104th General Assembly, "prescription
and nonprescription medicines and drugs" includes cannabis or
cannabis-infused products purchased by a qualified patient,
provisional patient, designated caregiver, or Opioid
Alternative Patient Program participant as part of that
individual's adequate medical supply from any dispensary that
has been issued a Medical Cannabis Dispensing Organization
license, as these terms are defined under the Cannabis
Regulation and Tax Act.
Beginning on the November 12, 2026, "prescription and
nonprescription medicines and drugs" does not include a final
consumer hemp cannabinoid product as defined in the Illinois
Hemp Act.
As used in this Section, "adult use cannabis" means

10400SB3222ham002 - 243 - LRB104 19119 BDA 38710 a
cannabis subject to tax under the Cannabis Cultivation
Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
and does not include cannabis subject to tax under the
Compassionate Use of Medical Cannabis Program Act.
Beginning 90 days after the effective date of this
amendatory Act of the 104th General Assembly, as used in this
Section, "adult use cannabis" does not include cannabis or
cannabis-infused products purchased by a qualified patient,
provisional patient, designated caregiver, or Opioid
Alternative Patient Program participant as part of that
individual's adequate medical supply from any dispensary that
has been issued a Medical Cannabis Dispensing Organization
license.
If the property that is acquired from a serviceman is
acquired outside Illinois and used outside Illinois before
being brought to Illinois for use here and is taxable under
this Act, the "selling price" on which the tax is computed
shall be reduced by an amount that represents a reasonable
allowance for depreciation for the period of prior
out-of-state use. No depreciation is allowed in cases where
the tax under this Act is imposed on lease receipts.
(Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;
103-592, eff. 1-1-25; 103-781, eff. 8-5-24; 104-6, eff.
6-16-25; 104-417, eff. 8-15-25.)
Section 130. The Service Occupation Tax Act is amended by

10400SB3222ham002 - 244 - LRB104 19119 BDA 38710 a
changing Sections 3-5 and 3-10 as follows:
(35 ILCS 115/3-5)
Sec. 3-5. Exemptions. The following tangible personal
property is exempt from the tax imposed by this Act:
(1) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the
benefit of persons 65 years of age or older if the personal
property was not purchased by the enterprise for the purpose
of resale by the enterprise.
(2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
(3) Personal property purchased by any not-for-profit arts
or cultural organization that establishes, by proof required
by the Department by rule, that it has received an exemption
under Section 501(c)(3) of the Internal Revenue Code and that
is organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after July 1, 2001 (the

10400SB3222ham002 - 245 - LRB104 19119 BDA 38710 a
effective date of Public Act 92-35), however, an entity
otherwise eligible for this exemption shall not make tax-free
purchases unless it has an active identification number issued
by the Department.
(4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
(5) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new
and used, and including that manufactured on special order or
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product. Beginning on
July 1, 2017, graphic arts machinery and equipment is included
in the manufacturing and assembling machinery and equipment
exemption under Section 2 of this Act.
(6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
(7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or

10400SB3222ham002 - 246 - LRB104 19119 BDA 38710 a
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required
to be registered under Section 3-809 of the Illinois Vehicle
Code, but excluding other motor vehicles required to be
registered under the Illinois Vehicle Code. Horticultural
polyhouses or hoop houses used for propagating, growing, or
overwintering plants shall be considered farm machinery and
equipment under this item (7). Agricultural chemical tender
tanks and dry boxes shall include units sold separately from a
motor vehicle required to be licensed and units sold mounted
on a motor vehicle required to be licensed if the selling price
of the tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment, including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the

10400SB3222ham002 - 247 - LRB104 19119 BDA 38710 a
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals.
Beginning on January 1, 2024, farm machinery and equipment
also includes electrical power generation equipment used
primarily for production agriculture.
This item (7) is exempt from the provisions of Section
3-55.
(8) Until June 30, 2013, fuel and petroleum products sold
to or used by an air common carrier, certified by the carrier
to be used for consumption, shipment, or storage in the
conduct of its business as an air common carrier, for a flight
destined for or returning from a location or locations outside
the United States without regard to previous or subsequent
domestic stopovers.
Beginning July 1, 2013, fuel and petroleum products sold
to or used by an air carrier, certified by the carrier to be
used for consumption, shipment, or storage in the conduct of
its business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports
at least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of

10400SB3222ham002 - 248 - LRB104 19119 BDA 38710 a
that aircraft.
(9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages, to the extent that the proceeds of the
service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
(10) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of
rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)
pipe and tubular goods, including casing and drill strings,
(iii) pumps and pump-jack units, (iv) storage tanks and flow
lines, (v) any individual replacement part for oil field
exploration, drilling, and production equipment, and (vi)
machinery and equipment purchased for lease; but excluding
motor vehicles required to be registered under the Illinois
Vehicle Code.
(11) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including
that manufactured on special order, certified by the purchaser
to be used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
(12) Until July 1, 2028, coal and aggregate exploration,
mining, off-highway hauling, processing, maintenance, and

10400SB3222ham002 - 249 - LRB104 19119 BDA 38710 a
reclamation equipment, including replacement parts and
equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the
Illinois Vehicle Code. The changes made to this Section by
Public Act 97-767 apply on and after July 1, 2003, but no claim
for credit or refund is allowed on or after August 16, 2013
(the effective date of Public Act 98-456) for such taxes paid
during the period beginning July 1, 2003 and ending on August
16, 2013 (the effective date of Public Act 98-456).
(13) Beginning January 1, 1992 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages,
soft drinks and food that has been prepared for immediate
consumption) and prescription and non-prescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act, the MC/DD Act, or the
Specialized Mental Health Rehabilitation Act of 2013.
(14) Semen used for artificial insemination of livestock
for direct agricultural production.
(15) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club

10400SB3222ham002 - 250 - LRB104 19119 BDA 38710 a
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (15) is exempt from the
provisions of Section 3-55, and the exemption provided for
under this item (15) applies for all periods beginning May 30,
1995, but no claim for credit or refund is allowed on or after
January 1, 2008 (the effective date of Public Act 95-88) for
such taxes paid during the period beginning May 30, 2000 and
ending on January 1, 2008 (the effective date of Public Act
95-88).
(16) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act.
(17) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time of the purchase, to a governmental body that
has been issued an active tax exemption identification number
by the Department under Section 1g of the Retailers'
Occupation Tax Act.
(18) Beginning with taxable years ending on or after

10400SB3222ham002 - 251 - LRB104 19119 BDA 38710 a
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated
for disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
(19) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in
the performance of infrastructure repairs in this State,
including, but not limited to, municipal roads and streets,
access roads, bridges, sidewalks, waste disposal systems,
water and sewer line extensions, water distribution and
purification facilities, storm water drainage and retention
facilities, and sewage treatment facilities, resulting from a
State or federally declared disaster in Illinois or bordering
Illinois when such repairs are initiated on facilities located
in the declared disaster area within 6 months after the
disaster.
(20) Beginning July 1, 1999, game or game birds sold at a
"game breeding and hunting preserve area" as that term is used
in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-55.

10400SB3222ham002 - 252 - LRB104 19119 BDA 38710 a
(21) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the
Department to be organized and operated exclusively for
educational purposes. For purposes of this exemption, "a
corporation, limited liability company, society, association,
foundation, or institution organized and operated exclusively
for educational purposes" means all tax-supported public
schools, private schools that offer systematic instruction in
useful branches of learning by methods common to public
schools and that compare favorably in their scope and
intensity with the course of study presented in tax-supported
schools, and vocational or technical schools or institutes
organized and operated exclusively to provide a course of
study of not less than 6 weeks duration and designed to prepare
individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
(22) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph

10400SB3222ham002 - 253 - LRB104 19119 BDA 38710 a
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-55.
(23) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and
other items, and replacement parts for these machines.
Beginning January 1, 2002 and through June 30, 2003, machines
and parts for machines used in commercial, coin-operated
amusement and vending business if a use or occupation tax is
paid on the gross receipts derived from the use of the
commercial, coin-operated amusement and vending machines. This
paragraph is exempt from the provisions of Section 3-55.
(24) Beginning on August 2, 2001 (the effective date of
Public Act 92-227), computers and communications equipment
utilized for any hospital purpose and equipment used in the
diagnosis, analysis, or treatment of hospital patients sold to
a lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. This paragraph is exempt

10400SB3222ham002 - 254 - LRB104 19119 BDA 38710 a
from the provisions of Section 3-55.
(25) Beginning on August 2, 2001 (the effective date of
Public Act 92-227), personal property sold to a lessor who
leases the property, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
governmental body that has been issued an active tax exemption
identification number by the Department under Section 1g of
the Retailers' Occupation Tax Act. This paragraph is exempt
from the provisions of Section 3-55.
(26) Beginning on January 1, 2002 and through June 30,
2016, tangible personal property purchased from an Illinois
retailer by a taxpayer engaged in centralized purchasing
activities in Illinois who will, upon receipt of the property
in Illinois, temporarily store the property in Illinois (i)
for the purpose of subsequently transporting it outside this
State for use or consumption thereafter solely outside this
State or (ii) for the purpose of being processed, fabricated,
or manufactured into, attached to, or incorporated into other
tangible personal property to be transported outside this
State and thereafter used or consumed solely outside this
State. The Director of Revenue shall, pursuant to rules
adopted in accordance with the Illinois Administrative
Procedure Act, issue a permit to any taxpayer in good standing
with the Department who is eligible for the exemption under
this paragraph (26). The permit issued under this paragraph
(26) shall authorize the holder, to the extent and in the

10400SB3222ham002 - 255 - LRB104 19119 BDA 38710 a
manner specified in the rules adopted under this Act, to
purchase tangible personal property from a retailer exempt
from the taxes imposed by this Act. Taxpayers shall maintain
all necessary books and records to substantiate the use and
consumption of all such tangible personal property outside of
the State of Illinois.
(27) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued
under Title IV of the Environmental Protection Act. This
paragraph is exempt from the provisions of Section 3-55.
(28) Tangible personal property sold to a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt
instruments issued by the public-facilities corporation in
connection with the development of the municipal convention
hall. This exemption includes existing public-facilities
corporations as provided in Section 11-65-25 of the Illinois

10400SB3222ham002 - 256 - LRB104 19119 BDA 38710 a
Municipal Code. This paragraph is exempt from the provisions
of Section 3-55.
(29) Beginning January 1, 2010 and continuing through
December 31, 2029, materials, parts, equipment, components,
and furnishings incorporated into or upon an aircraft as part
of the modification, refurbishment, completion, replacement,
repair, or maintenance of the aircraft. This exemption
includes consumable supplies used in the modification,
refurbishment, completion, replacement, repair, and
maintenance of aircraft. However, until January 1, 2024, this
exemption excludes any materials, parts, equipment,
components, and consumable supplies used in the modification,
replacement, repair, and maintenance of aircraft engines or
power plants, whether such engines or power plants are
installed or uninstalled upon any such aircraft. "Consumable
supplies" include, but are not limited to, adhesive, tape,
sandpaper, general purpose lubricants, cleaning solution,
latex gloves, and protective films.
Beginning January 1, 2010 and continuing through December
31, 2023, this exemption applies only to the transfer of
qualifying tangible personal property incident to the
modification, refurbishment, completion, replacement, repair,
or maintenance of an aircraft by persons who (i) hold an Air
Agency Certificate and are empowered to operate an approved
repair station by the Federal Aviation Administration, (ii)
have a Class IV Rating, and (iii) conduct operations in

10400SB3222ham002 - 257 - LRB104 19119 BDA 38710 a
accordance with Part 145 of the Federal Aviation Regulations.
The exemption does not include aircraft operated by a
commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part
129 of the Federal Aviation Regulations. From January 1, 2024
through December 31, 2029, this exemption applies only to the
transfer of qualifying tangible personal property incident to:
(A) the modification, refurbishment, completion, repair,
replacement, or maintenance of an aircraft by persons who (i)
hold an Air Agency Certificate and are empowered to operate an
approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation
Regulations; and (B) the modification, replacement, repair,
and maintenance of aircraft engines or power plants without
regard to whether or not those persons meet the qualifications
of item (A).
The changes made to this paragraph (29) by Public Act
98-534 are declarative of existing law. It is the intent of the
General Assembly that the exemption under this paragraph (29)
applies continuously from January 1, 2010 through December 31,
2024; however, no claim for credit or refund is allowed for
taxes paid as a result of the disallowance of this exemption on
or after January 1, 2015 and prior to February 5, 2020 (the
effective date of Public Act 101-629).
(30) Beginning January 1, 2017 and through December 31,

10400SB3222ham002 - 258 - LRB104 19119 BDA 38710 a
2026, menstrual pads, tampons, and menstrual cups.
(31) Tangible personal property transferred to a purchaser
who is exempt from tax by operation of federal law. This
paragraph is exempt from the provisions of Section 3-55.
(32) Qualified tangible personal property used in the
construction or operation of a data center that has been
granted a certificate of exemption by the Department of
Commerce and Economic Opportunity, whether that tangible
personal property is purchased by the owner, operator, or
tenant of the data center or by a contractor or subcontractor
of the owner, operator, or tenant. Data centers that would
have qualified for a certificate of exemption prior to January
1, 2020 had Public Act 101-31 been in effect, may apply for and
obtain an exemption for subsequent purchases of computer
equipment or enabling software purchased or leased to upgrade,
supplement, or replace computer equipment or enabling software
purchased or leased in the original investment that would have
qualified.
The Department of Commerce and Economic Opportunity shall
grant a certificate of exemption under this item (32) to
qualified data centers as defined by Section 605-1025 of the
Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
For the purposes of this item (32):
"Data center" means a building or a series of
buildings rehabilitated or constructed to house working

10400SB3222ham002 - 259 - LRB104 19119 BDA 38710 a
servers in one physical location or multiple sites within
the State of Illinois.
"Qualified tangible personal property" means:
electrical systems and equipment; climate control and
chilling equipment and systems; mechanical systems and
equipment; monitoring and secure systems; emergency
generators; hardware; computers; servers; data storage
devices; network connectivity equipment; racks; cabinets;
telecommunications cabling infrastructure; raised floor
systems; peripheral components or systems; software;
mechanical, electrical, or plumbing systems; battery
systems; cooling systems and towers; temperature control
systems; other cabling; and other data center
infrastructure equipment and systems necessary to operate
qualified tangible personal property, including fixtures;
and component parts of any of the foregoing, including
installation, maintenance, repair, refurbishment, and
replacement of qualified tangible personal property to
generate, transform, transmit, distribute, or manage
electricity necessary to operate qualified tangible
personal property; and all other tangible personal
property that is essential to the operations of a computer
data center. The term "qualified tangible personal
property" also includes building materials physically
incorporated into the qualifying data center. To document
the exemption allowed under this Section, the retailer

10400SB3222ham002 - 260 - LRB104 19119 BDA 38710 a
must obtain from the purchaser a copy of the certificate
of eligibility issued by the Department of Commerce and
Economic Opportunity.
This item (32) is exempt from the provisions of Section
3-55.
(33) Beginning July 1, 2022, breast pumps, breast pump
collection and storage supplies, and breast pump kits. This
item (33) is exempt from the provisions of Section 3-55. As
used in this item (33):
"Breast pump" means an electrically controlled or
manually controlled pump device designed or marketed to be
used to express milk from a human breast during lactation,
including the pump device and any battery, AC adapter, or
other power supply unit that is used to power the pump
device and is packaged and sold with the pump device at the
time of sale.
"Breast pump collection and storage supplies" means
items of tangible personal property designed or marketed
to be used in conjunction with a breast pump to collect
milk expressed from a human breast and to store collected
milk until it is ready for consumption.
"Breast pump collection and storage supplies"
includes, but is not limited to: breast shields and breast
shield connectors; breast pump tubes and tubing adapters;
breast pump valves and membranes; backflow protectors and
backflow protector adaptors; bottles and bottle caps

10400SB3222ham002 - 261 - LRB104 19119 BDA 38710 a
specific to the operation of the breast pump; and breast
milk storage bags.
"Breast pump collection and storage supplies" does not
include: (1) bottles and bottle caps not specific to the
operation of the breast pump; (2) breast pump travel bags
and other similar carrying accessories, including ice
packs, labels, and other similar products; (3) breast pump
cleaning supplies; (4) nursing bras, bra pads, breast
shells, and other similar products; and (5) creams,
ointments, and other similar products that relieve
breastfeeding-related symptoms or conditions of the
breasts or nipples, unless sold as part of a breast pump
kit that is pre-packaged by the breast pump manufacturer
or distributor.
"Breast pump kit" means a kit that: (1) contains no
more than a breast pump, breast pump collection and
storage supplies, a rechargeable battery for operating the
breast pump, a breastmilk cooler, bottle stands, ice
packs, and a breast pump carrying case; and (2) is
pre-packaged as a breast pump kit by the breast pump
manufacturer or distributor.
(34) Tangible personal property sold by or on behalf of
the State Treasurer pursuant to the Revised Uniform Unclaimed
Property Act. This item (34) is exempt from the provisions of
Section 3-55.
(35) Beginning on January 1, 2024, tangible personal

10400SB3222ham002 - 262 - LRB104 19119 BDA 38710 a
property purchased by an active duty member of the armed
forces of the United States who presents valid military
identification and purchases the property using a form of
payment where the federal government is the payor. The member
of the armed forces must complete, at the point of sale, a form
prescribed by the Department of Revenue documenting that the
transaction is eligible for the exemption under this
paragraph. Retailers must keep the form as documentation of
the exemption in their records for a period of not less than 6
years. "Armed forces of the United States" means the United
States Army, Navy, Air Force, Space Force, Marine Corps, or
Coast Guard. This paragraph is exempt from the provisions of
Section 3-55.
(36) Beginning July 1, 2024, home-delivered meals provided
to Medicare or Medicaid recipients when payment is made by an
intermediary, such as a Medicare Administrative Contractor, a
Managed Care Organization, or a Medicare Advantage
Organization, pursuant to a government contract. This
paragraph (36) is exempt from the provisions of Section 3-55.
(37) Beginning on January 1, 2026, as further defined in
Section 3-10, food prepared for immediate consumption and
transferred incident to a sale of service subject to this Act
or the Service Use Tax Act by an entity licensed under the
Hospital Licensing Act, the Nursing Home Care Act, the
Assisted Living and Shared Housing Act, the ID/DD Community
Care Act, the MC/DD Act, the Specialized Mental Health

10400SB3222ham002 - 263 - LRB104 19119 BDA 38710 a
Rehabilitation Act of 2013, or the Child Care Act of 1969 or by
an entity that holds a permit issued pursuant to the Life Care
Facilities Act. This item (37) is exempt from the provisions
of Section 3-55.
(38) Beginning on January 1, 2026, as further defined in
Section 3-10, food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, food consisting of or infused with adult
use cannabis, soft drinks, candy, and food that has been
prepared for immediate consumption, and, beginning on November
12, 2026, food that is a final consumer hemp cannabinoid
product as defined in the Illinois Hemp Act). This item (38) is
exempt from the provisions of Section 3-55.
(39) The lease of the following tangible personal
property:
(1) computer software transferred subject to a license
that meets the following requirements:
(A) it is evidenced by a written agreement signed
by the licensor and the customer;
(i) an electronic agreement in which the
customer accepts the license by means of an
electronic signature that is verifiable and can be
authenticated and is attached to or made part of
the license will comply with this requirement;
(ii) a license agreement in which the customer
electronically accepts the terms by clicking "I

10400SB3222ham002 - 264 - LRB104 19119 BDA 38710 a
agree" does not comply with this requirement;
(B) it restricts the customer's duplication and
use of the software;
(C) it prohibits the customer from licensing,
sublicensing, or transferring the software to a third
party (except to a related party) without the
permission and continued control of the licensor;
(D) the licensor has a policy of providing another
copy at minimal or no charge if the customer loses or
damages the software, or of permitting the licensee to
make and keep an archival copy, and such policy is
either stated in the license agreement, supported by
the licensor's books and records, or supported by a
notarized statement made under penalties of perjury by
the licensor; and
(E) the customer must destroy or return all copies
of the software to the licensor at the end of the
license period; this provision is deemed to be met, in
the case of a perpetual license, without being set
forth in the license agreement; and
(2) property that is subject to a tax on lease
receipts imposed by a home rule unit of local government
if the ordinance imposing that tax was adopted prior to
January 1, 2023.
(Source: P.A. 103-9, Article 5, Section 5-15, eff. 6-7-23;
103-9, Article 15, Section 15-15, eff. 6-7-23; 103-154, eff.

10400SB3222ham002 - 265 - LRB104 19119 BDA 38710 a
6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605,
eff. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25;
103-781, eff. 8-5-24; 103-995, eff. 8-9-24; 104-417, eff.
8-15-25.)
(35 ILCS 115/3-10)
Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the "selling price", as defined in Section 2 of the Service Use
Tax Act, of the tangible personal property, including, on and
after January 1, 2025, tangible personal property transferred
by lease. For the purpose of computing this tax, in no event
shall the "selling price" be less than the cost price to the
serviceman of the tangible personal property transferred. The
selling price of each item of tangible personal property
transferred as an incident of a sale of service may be shown as
a distinct and separate item on the serviceman's billing to
the service customer. If the selling price is not so shown, the
selling price of the tangible personal property is deemed to
be 50% of the serviceman's entire billing to the service
customer. When, however, a serviceman contracts to design,
develop, and produce special order machinery or equipment, the
tax imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred incident
to the completion of the contract.
Beginning on July 1, 2000 and through December 31, 2000,

10400SB3222ham002 - 266 - LRB104 19119 BDA 38710 a
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act shall apply to (i) 70% of the cost
price of property transferred as an incident to the sale of
service on or after January 1, 1990, and before July 1, 2003,
(ii) 80% of the selling price of property transferred as an
incident to the sale of service on or after July 1, 2003 and on
or before July 1, 2017, (iii) 100% of the selling price of
property transferred as an incident to the sale of service
after July 1, 2017 and prior to January 1, 2024, (iv) 90% of
the selling price of property transferred as an incident to
the sale of service on or after January 1, 2024 and on or
before December 31, 2028, and (v) 100% of the selling price of
property transferred as an incident to the sale of service
after December 31, 2028. If, at any time, however, the tax
under this Act on sales of gasohol, as defined in the Use Tax
Act, is imposed at the rate of 1.25%, then the tax imposed by
this Act applies to 100% of the proceeds of sales of gasohol
made during that time.
With respect to mid-range ethanol blends, as defined in
Section 3-44.3 of the Use Tax Act, the tax imposed by this Act
applies to (i) 80% of the selling price of property
transferred as an incident to the sale of service on or after
January 1, 2024 and on or before December 31, 2028 and (ii)

10400SB3222ham002 - 267 - LRB104 19119 BDA 38710 a
100% of the selling price of property transferred as an
incident to the sale of service after December 31, 2028. If, at
any time, however, the tax under this Act on sales of mid-range
ethanol blends is imposed at the rate of 1.25%, then the tax
imposed by this Act applies to 100% of the selling price of
mid-range ethanol blends transferred as an incident to the
sale of service during that time.
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2028 but applies to 100% of the selling price
thereafter.
With respect to biodiesel blends, as defined in the Use
Tax Act, with no less than 1% and no more than 10% biodiesel,
the tax imposed by this Act applies to (i) 80% of the selling
price of property transferred as an incident to the sale of
service on or after July 1, 2003 and on or before December 31,
2018 and (ii) 100% of the proceeds of the selling price after
December 31, 2018 and before January 1, 2024. On and after
January 1, 2024 and on or before December 31, 2030, the
taxation of biodiesel, renewable diesel, and biodiesel blends
shall be as provided in Section 3-5.1 of the Use Tax Act. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate

10400SB3222ham002 - 268 - LRB104 19119 BDA 38710 a
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
With respect to biodiesel, as defined in the Use Tax Act,
and biodiesel blends, as defined in the Use Tax Act, with more
than 10% but no more than 99% biodiesel material, the tax
imposed by this Act does not apply to the proceeds of the
selling price of property transferred as an incident to the
sale of service on or after July 1, 2003 and on or before
December 31, 2023. On and after January 1, 2024 and on or
before December 31, 2030, the taxation of biodiesel, renewable
diesel, and biodiesel blends shall be as provided in Section
3-5.1 of the Use Tax Act.
At the election of any registered serviceman made for each
fiscal year, for whom the aggregate annual cost price of
tangible personal property transferred as an incident to the
sales of service is less than 35%, or 75% in the case of
servicemen transferring prescription drugs or servicemen
engaged in graphic arts production, of the aggregate annual
total gross receipts from all sales of service, the tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred incident
to the sale of those services. This election may also be made
by a serviceman maintaining a place of business in this State
who makes retail sales from outside of this State to Illinois
customers but is not required to be registered under Section

10400SB3222ham002 - 269 - LRB104 19119 BDA 38710 a
2a of the Retailers' Occupation Tax Act. Beginning January 1,
2026, this election shall not apply to any sale of service made
through a marketplace that has met the threshold in subsection
(d) of Section 3 of this Act.
Beginning January 1, 2026, the tax shall be imposed at the
rate of 6.25% of 50% of the entire billing to the service
customer for all sales of service made through a marketplace
that has met the threshold in subsection (d) of Section 3 of
this Act. In no event shall 50% of the entire billing be less
than the cost price of the property to the marketplace
serviceman or the marketplace facilitator on its own sales of
service.
Until July 1, 2022 and from July 1, 2023 through December
31, 2025, the tax shall be imposed at the rate of 1% on food
prepared for immediate consumption and transferred incident to
a sale of service subject to this Act or the Service Use Tax
Act by an entity licensed under the Hospital Licensing Act,
the Nursing Home Care Act, the Assisted Living and Shared
Housing Act, the ID/DD Community Care Act, the MC/DD Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
Child Care Act of 1969, or an entity that holds a permit issued
pursuant to the Life Care Facilities Act. Until July 1, 2022
and from July 1, 2023 through December 31, 2025, the tax shall
also be imposed at the rate of 1% on food for human consumption
that is to be consumed off the premises where it is sold (other
than alcoholic beverages, food consisting of or infused with

10400SB3222ham002 - 270 - LRB104 19119 BDA 38710 a
adult use cannabis, soft drinks, and food that has been
prepared for immediate consumption and is not otherwise
included in this paragraph).
Beginning on July 1, 2022 and until July 1, 2023, the tax
shall be imposed at the rate of 0% on food prepared for
immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Use Tax Act by an
entity licensed under the Hospital Licensing Act, the Nursing
Home Care Act, the Assisted Living and Shared Housing Act, the
ID/DD Community Care Act, the MC/DD Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the Child Care
Act of 1969, or an entity that holds a permit issued pursuant
to the Life Care Facilities Act. Beginning July 1, 2022 and
until July 1, 2023, the tax shall also be imposed at the rate
of 0% on food for human consumption that is to be consumed off
the premises where it is sold (other than alcoholic beverages,
food consisting of or infused with adult use cannabis, soft
drinks, and food that has been prepared for immediate
consumption and is not otherwise included in this paragraph).
On and after January 1, 2026, food prepared for immediate
consumption and transferred incident to a sale of service
subject to this Act or the Service Use Tax Act by an entity
licensed under the Hospital Licensing Act, the Nursing Home
Care Act, the Assisted Living and Shared Housing Act, the
ID/DD Community Care Act, the MC/DD Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the Child Care

10400SB3222ham002 - 271 - LRB104 19119 BDA 38710 a
Act of 1969, or an entity that holds a permit issued pursuant
to the Life Care Facilities Act is exempt from the tax imposed
by this Act. On and after January 1, 2026, food for human
consumption that is to be consumed off the premises where it is
sold (other than alcoholic beverages, food consisting of or
infused with adult use cannabis, soft drinks, candy, and food
that has been prepared for immediate consumption and is not
otherwise included in this paragraph, and, beginning on
November 12, 2026, food that is a "final consumer hemp
cannabinoid product" as defined in Illinois Hemp Act) is
exempt from the tax imposed by this Act.
The tax shall be imposed at the rate of 1% on prescription
and nonprescription medicines, drugs, medical appliances,
products classified as Class III medical devices by the United
States Food and Drug Administration that are used for cancer
treatment pursuant to a prescription, as well as any
accessories and components related to those devices,
modifications to a motor vehicle for the purpose of rendering
it usable by a person with a disability, and insulin, blood
sugar testing materials, syringes, and needles used by human
diabetics. For the purposes of this Section, until September
1, 2009: the term "soft drinks" means any complete, finished,
ready-to-use, non-alcoholic drink, whether carbonated or not,
including, but not limited to, soda water, cola, fruit juice,
vegetable juice, carbonated water, and all other preparations
commonly known as soft drinks of whatever kind or description

10400SB3222ham002 - 272 - LRB104 19119 BDA 38710 a
that are contained in any closed or sealed can, carton, or
container, regardless of size; but "soft drinks" does not
include coffee, tea, non-carbonated water, infant formula,
milk or milk products as defined in the Grade A Pasteurized
Milk and Milk Products Act, or drinks containing 50% or more
natural fruit or vegetable juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" does not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that

10400SB3222ham002 - 273 - LRB104 19119 BDA 38710 a
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or
other ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 CFR 201.66. The "over-the-counter-drug"
label includes:
(A) a "Drug Facts" panel; or
(B) a statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
Beginning on January 1, 2014 (the effective date of Public
Act 98-122), "prescription and nonprescription medicines and

10400SB3222ham002 - 274 - LRB104 19119 BDA 38710 a
drugs" includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Program Act.
Beginning 90 days after the effective date of this
amendatory Act of the 104th General Assembly, "prescription
and nonprescription medicines and drugs" includes cannabis or
cannabis-infused products purchased by a qualified patient,
provisional patient, designated caregiver, or Opioid
Alternative Patient Program participant as part of that
individual's adequate medical supply from any dispensary that
has been issued a Medical Cannabis Dispensing Organization
license, as these terms are defined under the Cannabis
Regulation and Tax Act.
Beginning on November 12, 2026, "prescription and
nonprescription medicines and drugs" does not include a final
consumer hemp cannabinoid product as defined in the Illinois
Hemp Act.
As used in this Section, "adult use cannabis" means
cannabis subject to tax under the Cannabis Cultivation
Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
and does not include cannabis subject to tax under the
Compassionate Use of Medical Cannabis Program Act.
Beginning 90 days after the effective date of this
amendatory Act of the 104th General Assembly, as used in this
Section, "adult use cannabis" does not include cannabis or
cannabis-infused products purchased by a qualified patient,

10400SB3222ham002 - 275 - LRB104 19119 BDA 38710 a
provisional patient, designated caregiver, or Opioid
Alternative Patient Program participant as part of that
individual's adequate medical supply from any dispensary that
has been issued a Medical Cannabis Dispensing Organization
license.
(Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;
103-592, eff. 1-1-25; 103-781, eff. 8-5-24; 104-6, eff.
6-16-25; 104-417, eff. 8-15-25.)
Section 140. The Retailers' Occupation Tax Act is amended
by changing Sections 2-5, 2-10, and 11 as follows:
(35 ILCS 120/2-5)
Sec. 2-5. Exemptions. Gross receipts from proceeds from
the sale, which, on and after January 1, 2025, includes the
lease, of the following tangible personal property are exempt
from the tax imposed by this Act:
(1) Farm chemicals.
(2) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for production
agriculture or State or federal agricultural programs,
including individual replacement parts for the machinery
and equipment, including machinery and equipment purchased
for lease, and including implements of husbandry defined
in Section 1-130 of the Illinois Vehicle Code, farm

10400SB3222ham002 - 276 - LRB104 19119 BDA 38710 a
machinery and agricultural chemical and fertilizer
spreaders, and nurse wagons required to be registered
under Section 3-809 of the Illinois Vehicle Code, but
excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses
or hoop houses used for propagating, growing, or
overwintering plants shall be considered farm machinery
and equipment under this item (2). Agricultural chemical
tender tanks and dry boxes shall include units sold
separately from a motor vehicle required to be licensed
and units sold mounted on a motor vehicle required to be
licensed, if the selling price of the tender is separately
stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but
not limited to, tractors, harvesters, sprayers, planters,
seeders, or spreaders. Precision farming equipment
includes, but is not limited to, soil testing sensors,
computers, monitors, software, global positioning and
mapping systems, and other such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in
the computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not
limited to, the collection, monitoring, and correlation of

10400SB3222ham002 - 277 - LRB104 19119 BDA 38710 a
animal and crop data for the purpose of formulating animal
diets and agricultural chemicals.
Beginning on January 1, 2024, farm machinery and
equipment also includes electrical power generation
equipment used primarily for production agriculture.
This item (2) is exempt from the provisions of Section
2-70.
(3) Until July 1, 2003, distillation machinery and
equipment, sold as a unit or kit, assembled or installed
by the retailer, certified by the user to be used only for
the production of ethyl alcohol that will be used for
consumption as motor fuel or as a component of motor fuel
for the personal use of the user, and not subject to sale
or resale.
(4) Until July 1, 2003 and beginning again September
1, 2004 through August 30, 2014, graphic arts machinery
and equipment, including repair and replacement parts,
both new and used, and including that manufactured on
special order or purchased for lease, certified by the
purchaser to be used primarily for graphic arts
production. Equipment includes chemicals or chemicals
acting as catalysts but only if the chemicals or chemicals
acting as catalysts effect a direct and immediate change
upon a graphic arts product. Beginning on July 1, 2017,
graphic arts machinery and equipment is included in the
manufacturing and assembling machinery and equipment

10400SB3222ham002 - 278 - LRB104 19119 BDA 38710 a
exemption under paragraph (14).
(5) A motor vehicle that is used for automobile
renting, as defined in the Automobile Renting Occupation
and Use Tax Act. This paragraph is exempt from the
provisions of Section 2-70.
(6) Personal property sold by a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(7) Until July 1, 2003, proceeds of that portion of
the selling price of a passenger car the sale of which is
subject to the Replacement Vehicle Tax.
(8) Personal property sold to an Illinois county fair
association for use in conducting, operating, or promoting
the county fair.
(9) Personal property sold to a not-for-profit arts or
cultural organization that establishes, by proof required
by the Department by rule, that it has received an
exemption under Section 501(c)(3) of the Internal Revenue
Code and that is organized and operated primarily for the
presentation or support of arts or cultural programming,
activities, or services. These organizations include, but
are not limited to, music and dramatic arts organizations
such as symphony orchestras and theatrical groups, arts
and cultural service organizations, local arts councils,
visual arts organizations, and media arts organizations.
On and after July 1, 2001 (the effective date of Public Act

10400SB3222ham002 - 279 - LRB104 19119 BDA 38710 a
92-35), however, an entity otherwise eligible for this
exemption shall not make tax-free purchases unless it has
an active identification number issued by the Department.
(10) Personal property sold by a corporation, society,
association, foundation, institution, or organization,
other than a limited liability company, that is organized
and operated as a not-for-profit service enterprise for
the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for
the purpose of resale by the enterprise.
(11) Except as otherwise provided in this Section,
personal property sold to a governmental body, to a
corporation, society, association, foundation, or
institution organized and operated exclusively for
charitable, religious, or educational purposes, or to a
not-for-profit corporation, society, association,
foundation, institution, or organization that has no
compensated officers or employees and that is organized
and operated primarily for the recreation of persons 55
years of age or older. A limited liability company may
qualify for the exemption under this paragraph only if the
limited liability company is organized and operated
exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this
exemption shall make tax-free purchases unless it has an
active identification number issued by the Department.

10400SB3222ham002 - 280 - LRB104 19119 BDA 38710 a
(12) (Blank).
(12-5) On and after July 1, 2003 and through June 30,
2004, motor vehicles of the second division with a gross
vehicle weight in excess of 8,000 pounds that are subject
to the commercial distribution fee imposed under Section
3-815.1 of the Illinois Vehicle Code. Beginning on July 1,
2004 and through June 30, 2005, the use in this State of
motor vehicles of the second division: (i) with a gross
vehicle weight rating in excess of 8,000 pounds; (ii) that
are subject to the commercial distribution fee imposed
under Section 3-815.1 of the Illinois Vehicle Code; and
(iii) that are primarily used for commercial purposes.
Through June 30, 2005, this exemption applies to repair
and replacement parts added after the initial purchase of
such a motor vehicle if that motor vehicle is used in a
manner that would qualify for the rolling stock exemption
otherwise provided for in this Act. For purposes of this
paragraph, "used for commercial purposes" means the
transportation of persons or property in furtherance of
any commercial or industrial enterprise whether for-hire
or not.
(13) Proceeds from sales to owners or lessors,
lessees, or shippers of tangible personal property that is
utilized by interstate carriers for hire for use as
rolling stock moving in interstate commerce and equipment
operated by a telecommunications provider, licensed as a

10400SB3222ham002 - 281 - LRB104 19119 BDA 38710 a
common carrier by the Federal Communications Commission,
which is permanently installed in or affixed to aircraft
moving in interstate commerce.
(14) Machinery and equipment that will be used by the
purchaser, or a lessee of the purchaser, primarily in the
process of manufacturing or assembling tangible personal
property for wholesale or retail sale or lease, whether
the sale or lease is made directly by the manufacturer or
by some other person, whether the materials used in the
process are owned by the manufacturer or some other
person, or whether the sale or lease is made apart from or
as an incident to the seller's engaging in the service
occupation of producing machines, tools, dies, jigs,
patterns, gauges, or other similar items of no commercial
value on special order for a particular purchaser. The
exemption provided by this paragraph (14) does not include
machinery and equipment used in (i) the generation of
electricity for wholesale or retail sale; (ii) the
generation or treatment of natural or artificial gas for
wholesale or retail sale that is delivered to customers
through pipes, pipelines, or mains; or (iii) the treatment
of water for wholesale or retail sale that is delivered to
customers through pipes, pipelines, or mains. The
provisions of Public Act 98-583 are declaratory of
existing law as to the meaning and scope of this
exemption. Beginning on July 1, 2017, the exemption

10400SB3222ham002 - 282 - LRB104 19119 BDA 38710 a
provided by this paragraph (14) includes, but is not
limited to, graphic arts machinery and equipment, as
defined in paragraph (4) of this Section.
(15) Proceeds of mandatory service charges separately
stated on customers' bills for purchase and consumption of
food and beverages, to the extent that the proceeds of the
service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate
directly in preparing, serving, hosting or cleaning up the
food or beverage function with respect to which the
service charge is imposed.
(16) Tangible personal property sold to a purchaser if
the purchaser is exempt from use tax by operation of
federal law. This paragraph is exempt from the provisions
of Section 2-70.
(17) Tangible personal property sold to a common
carrier by rail or motor that receives the physical
possession of the property in Illinois and that transports
the property, or shares with another common carrier in the
transportation of the property, out of Illinois on a
standard uniform bill of lading showing the seller of the
property as the shipper or consignor of the property to a
destination outside Illinois, for use outside Illinois.
(18) Legal tender, currency, medallions, or gold or
silver coinage issued by the State of Illinois, the
government of the United States of America, or the

10400SB3222ham002 - 283 - LRB104 19119 BDA 38710 a
government of any foreign country, and bullion.
(19) Until July 1, 2003, oil field exploration,
drilling, and production equipment, including (i) rigs and
parts of rigs, rotary rigs, cable tool rigs, and workover
rigs, (ii) pipe and tubular goods, including casing and
drill strings, (iii) pumps and pump-jack units, (iv)
storage tanks and flow lines, (v) any individual
replacement part for oil field exploration, drilling, and
production equipment, and (vi) machinery and equipment
purchased for lease; but excluding motor vehicles required
to be registered under the Illinois Vehicle Code.
(20) Photoprocessing machinery and equipment,
including repair and replacement parts, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for photoprocessing,
and including photoprocessing machinery and equipment
purchased for lease.
(21) Until July 1, 2028, coal and aggregate
exploration, mining, off-highway hauling, processing,
maintenance, and reclamation equipment, including
replacement parts and equipment, and including equipment
purchased for lease, but excluding motor vehicles required
to be registered under the Illinois Vehicle Code. The
changes made to this Section by Public Act 97-767 apply on
and after July 1, 2003, but no claim for credit or refund
is allowed on or after August 16, 2013 (the effective date

10400SB3222ham002 - 284 - LRB104 19119 BDA 38710 a
of Public Act 98-456) for such taxes paid during the
period beginning July 1, 2003 and ending on August 16,
2013 (the effective date of Public Act 98-456).
(22) Until June 30, 2013, fuel and petroleum products
sold to or used by an air carrier, certified by the carrier
to be used for consumption, shipment, or storage in the
conduct of its business as an air common carrier, for a
flight destined for or returning from a location or
locations outside the United States without regard to
previous or subsequent domestic stopovers.
Beginning July 1, 2013, fuel and petroleum products
sold to or used by an air carrier, certified by the carrier
to be used for consumption, shipment, or storage in the
conduct of its business as an air common carrier, for a
flight that (i) is engaged in foreign trade or is engaged
in trade between the United States and any of its
possessions and (ii) transports at least one individual or
package for hire from the city of origination to the city
of final destination on the same aircraft, without regard
to a change in the flight number of that aircraft.
(23) A transaction in which the purchase order is
received by a florist who is located outside Illinois, but
who has a florist located in Illinois deliver the property
to the purchaser or the purchaser's donee in Illinois.
(24) Fuel consumed or used in the operation of ships,
barges, or vessels that are used primarily in or for the

10400SB3222ham002 - 285 - LRB104 19119 BDA 38710 a
transportation of property or the conveyance of persons
for hire on rivers bordering on this State if the fuel is
delivered by the seller to the purchaser's barge, ship, or
vessel while it is afloat upon that bordering river.
(25) Except as provided in items (25-5) and (25-6) of
this Section, a motor vehicle sold in this State to a
nonresident even though the motor vehicle is delivered to
the nonresident in this State, if the motor vehicle is not
to be titled in this State, and if a drive-away permit is
issued to the motor vehicle as provided in Section 3-603
of the Illinois Vehicle Code or if the nonresident
purchaser has vehicle registration plates to transfer to
the motor vehicle upon returning to his or her home state.
The issuance of the drive-away permit or having the
out-of-state registration plates to be transferred is
prima facie evidence that the motor vehicle will not be
titled in this State.
(25-5) The exemption under item (25) does not apply if
the state in which the motor vehicle will be titled does
not allow a reciprocal exemption for a motor vehicle sold
and delivered in that state to an Illinois resident but
titled in Illinois. The tax collected under this Act on
the sale of a motor vehicle in this State to a resident of
another state that does not allow a reciprocal exemption
shall be imposed at a rate equal to the state's rate of tax
on taxable property in the state in which the purchaser is

10400SB3222ham002 - 286 - LRB104 19119 BDA 38710 a
a resident, except that the tax shall not exceed the tax
that would otherwise be imposed under this Act. At the
time of the sale, the purchaser shall execute a statement,
signed under penalty of perjury, of his or her intent to
title the vehicle in the state in which the purchaser is a
resident within 30 days after the sale and of the fact of
the payment to the State of Illinois of tax in an amount
equivalent to the state's rate of tax on taxable property
in his or her state of residence and shall submit the
statement to the appropriate tax collection agency in his
or her state of residence. In addition, the retailer must
retain a signed copy of the statement in his or her
records. Nothing in this item shall be construed to
require the removal of the vehicle from this state
following the filing of an intent to title the vehicle in
the purchaser's state of residence if the purchaser titles
the vehicle in his or her state of residence within 30 days
after the date of sale. The tax collected under this Act in
accordance with this item (25-5) shall be proportionately
distributed as if the tax were collected at the 6.25%
general rate imposed under this Act.
(25-6) There is a rebuttable presumption that the
exemption under item (25) does not apply if the purchaser
is a limited liability company and a member of the limited
liability company is a resident of Illinois. This
presumption may be rebutted by other evidence, such as

10400SB3222ham002 - 287 - LRB104 19119 BDA 38710 a
evidence the motor vehicle is insured at a garaging or
storage address outside Illinois or other evidence of the
physical address at which the motor vehicle will be
permanently stored or garaged outside Illinois.
(25-7) Beginning on July 1, 2007, no tax is imposed
under this Act on the sale of an aircraft, as defined in
Section 3 of the Illinois Aeronautics Act, if all of the
following conditions are met:
(1) the aircraft leaves this State within 15 days
after the later of either the issuance of the final
billing for the sale of the aircraft, or the
authorized approval for return to service, completion
of the maintenance record entry, and completion of the
test flight and ground test for inspection, as
required by 14 CFR 91.407;
(2) the aircraft is not based or registered in
this State after the sale of the aircraft; and
(3) the seller retains in his or her books and
records and provides to the Department a signed and
dated certification from the purchaser, on a form
prescribed by the Department, certifying that the
requirements of this item (25-7) are met. The
certificate must also include the name and address of
the purchaser, the address of the location where the
aircraft is to be titled or registered, the address of
the primary physical location of the aircraft, and

10400SB3222ham002 - 288 - LRB104 19119 BDA 38710 a
other information that the Department may reasonably
require.
For purposes of this item (25-7):
"Based in this State" means hangared, stored, or
otherwise used, excluding post-sale customizations as
defined in this Section, for 10 or more days in each
12-month period immediately following the date of the sale
of the aircraft.
"Registered in this State" means an aircraft
registered with the Department of Transportation,
Aeronautics Division, or titled or registered with the
Federal Aviation Administration to an address located in
this State.
This paragraph (25-7) is exempt from the provisions of
Section 2-70.
(26) Semen used for artificial insemination of
livestock for direct agricultural production.
(27) Horses, or interests in horses, registered with
and meeting the requirements of any of the Arabian Horse
Club Registry of America, Appaloosa Horse Club, American
Quarter Horse Association, United States Trotting
Association, or Jockey Club, as appropriate, used for
purposes of breeding or racing for prizes. This item (27)
is exempt from the provisions of Section 2-70, and the
exemption provided for under this item (27) applies for
all periods beginning May 30, 1995, but no claim for

10400SB3222ham002 - 289 - LRB104 19119 BDA 38710 a
credit or refund is allowed on or after January 1, 2008
(the effective date of Public Act 95-88) for such taxes
paid during the period beginning May 30, 2000 and ending
on January 1, 2008 (the effective date of Public Act
95-88).
(28) Computers and communications equipment utilized
for any hospital purpose and equipment used in the
diagnosis, analysis, or treatment of hospital patients
sold to a lessor who leases the equipment, under a lease of
one year or longer executed or in effect at the time of the
purchase, to a hospital that has been issued an active tax
exemption identification number by the Department under
Section 1g of this Act.
(29) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or
in effect at the time of the purchase, to a governmental
body that has been issued an active tax exemption
identification number by the Department under Section 1g
of this Act.
(30) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on
or before December 31, 2004, personal property that is
donated for disaster relief to be used in a State or
federally declared disaster area in Illinois or bordering
Illinois by a manufacturer or retailer that is registered
in this State to a corporation, society, association,

10400SB3222ham002 - 290 - LRB104 19119 BDA 38710 a
foundation, or institution that has been issued a sales
tax exemption identification number by the Department that
assists victims of the disaster who reside within the
declared disaster area.
(31) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on
or before December 31, 2004, personal property that is
used in the performance of infrastructure repairs in this
State, including, but not limited to, municipal roads and
streets, access roads, bridges, sidewalks, waste disposal
systems, water and sewer line extensions, water
distribution and purification facilities, storm water
drainage and retention facilities, and sewage treatment
facilities, resulting from a State or federally declared
disaster in Illinois or bordering Illinois when such
repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
(32) Beginning July 1, 1999, game or game birds sold
at a "game breeding and hunting preserve area" as that
term is used in the Wildlife Code. This paragraph is
exempt from the provisions of Section 2-70.
(33) A motor vehicle, as that term is defined in
Section 1-146 of the Illinois Vehicle Code, that is
donated to a corporation, limited liability company,
society, association, foundation, or institution that is
determined by the Department to be organized and operated

10400SB3222ham002 - 291 - LRB104 19119 BDA 38710 a
exclusively for educational purposes. For purposes of this
exemption, "a corporation, limited liability company,
society, association, foundation, or institution organized
and operated exclusively for educational purposes" means
all tax-supported public schools, private schools that
offer systematic instruction in useful branches of
learning by methods common to public schools and that
compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized
and operated exclusively to provide a course of study of
not less than 6 weeks duration and designed to prepare
individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
(34) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for
the benefit of a public or private elementary or secondary
school, a group of those schools, or one or more school
districts if the events are sponsored by an entity
recognized by the school district that consists primarily
of volunteers and includes parents and teachers of the
school children. This paragraph does not apply to
fundraising events (i) for the benefit of private home
instruction or (ii) for which the fundraising entity
purchases the personal property sold at the events from

10400SB3222ham002 - 292 - LRB104 19119 BDA 38710 a
another individual or entity that sold the property for
the purpose of resale by the fundraising entity and that
profits from the sale to the fundraising entity. This
paragraph is exempt from the provisions of Section 2-70.
(35) Beginning January 1, 2000 and through December
31, 2001, new or used automatic vending machines that
prepare and serve hot food and beverages, including
coffee, soup, and other items, and replacement parts for
these machines. Beginning January 1, 2002 and through June
30, 2003, machines and parts for machines used in
commercial, coin-operated amusement and vending business
if a use or occupation tax is paid on the gross receipts
derived from the use of the commercial, coin-operated
amusement and vending machines. This paragraph is exempt
from the provisions of Section 2-70.
(35-5) Beginning August 23, 2001 and through June 30,
2016, food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks, and food that has been prepared
for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances, and
insulin, urine testing materials, syringes, and needles
used by diabetics, for human use, when purchased for use
by a person receiving medical assistance under Article V
of the Illinois Public Aid Code who resides in a licensed
long-term care facility, as defined in the Nursing Home

10400SB3222ham002 - 293 - LRB104 19119 BDA 38710 a
Care Act, or a licensed facility as defined in the ID/DD
Community Care Act, the MC/DD Act, or the Specialized
Mental Health Rehabilitation Act of 2013.
(36) Beginning August 2, 2001, computers and
communications equipment utilized for any hospital purpose
and equipment used in the diagnosis, analysis, or
treatment of hospital patients sold to a lessor who leases
the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g
of this Act. This paragraph is exempt from the provisions
of Section 2-70.
(37) Beginning August 2, 2001, personal property sold
to a lessor who leases the property, under a lease of one
year or longer executed or in effect at the time of the
purchase, to a governmental body that has been issued an
active tax exemption identification number by the
Department under Section 1g of this Act. This paragraph is
exempt from the provisions of Section 2-70.
(38) Beginning on January 1, 2002 and through June 30,
2016, tangible personal property purchased from an
Illinois retailer by a taxpayer engaged in centralized
purchasing activities in Illinois who will, upon receipt
of the property in Illinois, temporarily store the
property in Illinois (i) for the purpose of subsequently

10400SB3222ham002 - 294 - LRB104 19119 BDA 38710 a
transporting it outside this State for use or consumption
thereafter solely outside this State or (ii) for the
purpose of being processed, fabricated, or manufactured
into, attached to, or incorporated into other tangible
personal property to be transported outside this State and
thereafter used or consumed solely outside this State. The
Director of Revenue shall, pursuant to rules adopted in
accordance with the Illinois Administrative Procedure Act,
issue a permit to any taxpayer in good standing with the
Department who is eligible for the exemption under this
paragraph (38). The permit issued under this paragraph
(38) shall authorize the holder, to the extent and in the
manner specified in the rules adopted under this Act, to
purchase tangible personal property from a retailer exempt
from the taxes imposed by this Act. Taxpayers shall
maintain all necessary books and records to substantiate
the use and consumption of all such tangible personal
property outside of the State of Illinois.
(39) Beginning January 1, 2008, tangible personal
property used in the construction or maintenance of a
community water supply, as defined under Section 3.145 of
the Environmental Protection Act, that is operated by a
not-for-profit corporation that holds a valid water supply
permit issued under Title IV of the Environmental
Protection Act. This paragraph is exempt from the
provisions of Section 2-70.

10400SB3222ham002 - 295 - LRB104 19119 BDA 38710 a
(40) Beginning January 1, 2010 and continuing through
December 31, 2029, materials, parts, equipment,
components, and furnishings incorporated into or upon an
aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used
in the modification, refurbishment, completion,
replacement, repair, and maintenance of aircraft. However,
until January 1, 2024, this exemption excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair,
and maintenance of aircraft engines or power plants,
whether such engines or power plants are installed or
uninstalled upon any such aircraft. "Consumable supplies"
include, but are not limited to, adhesive, tape,
sandpaper, general purpose lubricants, cleaning solution,
latex gloves, and protective films.
Beginning January 1, 2010 and continuing through
December 31, 2023, this exemption applies only to the sale
of qualifying tangible personal property to persons who
modify, refurbish, complete, replace, or maintain an
aircraft and who (i) hold an Air Agency Certificate and
are empowered to operate an approved repair station by the
Federal Aviation Administration, (ii) have a Class IV
Rating, and (iii) conduct operations in accordance with
Part 145 of the Federal Aviation Regulations. The

10400SB3222ham002 - 296 - LRB104 19119 BDA 38710 a
exemption does not include aircraft operated by a
commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or
Part 129 of the Federal Aviation Regulations. From January
1, 2024 through December 31, 2029, this exemption applies
only to the sale of qualifying tangible personal property
to: (A) persons who modify, refurbish, complete, repair,
replace, or maintain aircraft and who (i) hold an Air
Agency Certificate and are empowered to operate an
approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii)
conduct operations in accordance with Part 145 of the
Federal Aviation Regulations; and (B) persons who engage
in the modification, replacement, repair, and maintenance
of aircraft engines or power plants without regard to
whether or not those persons meet the qualifications of
item (A).
The changes made to this paragraph (40) by Public Act
98-534 are declarative of existing law. It is the intent
of the General Assembly that the exemption under this
paragraph (40) applies continuously from January 1, 2010
through December 31, 2024; however, no claim for credit or
refund is allowed for taxes paid as a result of the
disallowance of this exemption on or after January 1, 2015
and prior to February 5, 2020 (the effective date of
Public Act 101-629).

10400SB3222ham002 - 297 - LRB104 19119 BDA 38710 a
(41) Tangible personal property sold to a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall,
but only if the legal title to the municipal convention
hall is transferred to the municipality without any
further consideration by or on behalf of the municipality
at the time of the completion of the municipal convention
hall or upon the retirement or redemption of any bonds or
other debt instruments issued by the public-facilities
corporation in connection with the development of the
municipal convention hall. This exemption includes
existing public-facilities corporations as provided in
Section 11-65-25 of the Illinois Municipal Code. This
paragraph is exempt from the provisions of Section 2-70.
(42) Beginning January 1, 2017 and through December
31, 2026, menstrual pads, tampons, and menstrual cups.
(43) Merchandise that is subject to the Rental
Purchase Agreement Occupation and Use Tax. The purchaser
must certify that the item is purchased to be rented
subject to a rental-purchase agreement, as defined in the
Rental-Purchase Agreement Act, and provide proof of
registration under the Rental Purchase Agreement
Occupation and Use Tax Act. This paragraph is exempt from
the provisions of Section 2-70.
(44) Qualified tangible personal property used in the

10400SB3222ham002 - 298 - LRB104 19119 BDA 38710 a
construction or operation of a data center that has been
granted a certificate of exemption by the Department of
Commerce and Economic Opportunity, whether that tangible
personal property is purchased by the owner, operator, or
tenant of the data center or by a contractor or
subcontractor of the owner, operator, or tenant. Data
centers that would have qualified for a certificate of
exemption prior to January 1, 2020 had Public Act 101-31
been in effect, may apply for and obtain an exemption for
subsequent purchases of computer equipment or enabling
software purchased or leased to upgrade, supplement, or
replace computer equipment or enabling software purchased
or leased in the original investment that would have
qualified.
The Department of Commerce and Economic Opportunity
shall grant a certificate of exemption under this item
(44) to qualified data centers as defined by Section
605-1025 of the Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of
Illinois.
For the purposes of this item (44):
"Data center" means a building or a series of
buildings rehabilitated or constructed to house
working servers in one physical location or multiple
sites within the State of Illinois.
"Qualified tangible personal property" means:

10400SB3222ham002 - 299 - LRB104 19119 BDA 38710 a
electrical systems and equipment; climate control and
chilling equipment and systems; mechanical systems and
equipment; monitoring and secure systems; emergency
generators; hardware; computers; servers; data storage
devices; network connectivity equipment; racks;
cabinets; telecommunications cabling infrastructure;
raised floor systems; peripheral components or
systems; software; mechanical, electrical, or plumbing
systems; battery systems; cooling systems and towers;
temperature control systems; other cabling; and other
data center infrastructure equipment and systems
necessary to operate qualified tangible personal
property, including fixtures; and component parts of
any of the foregoing, including installation,
maintenance, repair, refurbishment, and replacement of
qualified tangible personal property to generate,
transform, transmit, distribute, or manage electricity
necessary to operate qualified tangible personal
property; and all other tangible personal property
that is essential to the operations of a computer data
center. The term "qualified tangible personal
property" also includes building materials physically
incorporated into the qualifying data center. To
document the exemption allowed under this Section, the
retailer must obtain from the purchaser a copy of the
certificate of eligibility issued by the Department of

10400SB3222ham002 - 300 - LRB104 19119 BDA 38710 a
Commerce and Economic Opportunity.
This item (44) is exempt from the provisions of
Section 2-70.
(45) Beginning January 1, 2020 and through December
31, 2020, sales of tangible personal property made by a
marketplace seller over a marketplace for which tax is due
under this Act but for which use tax has been collected and
remitted to the Department by a marketplace facilitator
under Section 2d of the Use Tax Act are exempt from tax
under this Act. A marketplace seller claiming this
exemption shall maintain books and records demonstrating
that the use tax on such sales has been collected and
remitted by a marketplace facilitator. Marketplace sellers
that have properly remitted tax under this Act on such
sales may file a claim for credit as provided in Section 6
of this Act. No claim is allowed, however, for such taxes
for which a credit or refund has been issued to the
marketplace facilitator under the Use Tax Act, or for
which the marketplace facilitator has filed a claim for
credit or refund under the Use Tax Act.
(46) Beginning July 1, 2022, breast pumps, breast pump
collection and storage supplies, and breast pump kits.
This item (46) is exempt from the provisions of Section
2-70. As used in this item (46):
"Breast pump" means an electrically controlled or
manually controlled pump device designed or marketed to be

10400SB3222ham002 - 301 - LRB104 19119 BDA 38710 a
used to express milk from a human breast during lactation,
including the pump device and any battery, AC adapter, or
other power supply unit that is used to power the pump
device and is packaged and sold with the pump device at the
time of sale.
"Breast pump collection and storage supplies" means
items of tangible personal property designed or marketed
to be used in conjunction with a breast pump to collect
milk expressed from a human breast and to store collected
milk until it is ready for consumption.
"Breast pump collection and storage supplies"
includes, but is not limited to: breast shields and breast
shield connectors; breast pump tubes and tubing adapters;
breast pump valves and membranes; backflow protectors and
backflow protector adaptors; bottles and bottle caps
specific to the operation of the breast pump; and breast
milk storage bags.
"Breast pump collection and storage supplies" does not
include: (1) bottles and bottle caps not specific to the
operation of the breast pump; (2) breast pump travel bags
and other similar carrying accessories, including ice
packs, labels, and other similar products; (3) breast pump
cleaning supplies; (4) nursing bras, bra pads, breast
shells, and other similar products; and (5) creams,
ointments, and other similar products that relieve
breastfeeding-related symptoms or conditions of the

10400SB3222ham002 - 302 - LRB104 19119 BDA 38710 a
breasts or nipples, unless sold as part of a breast pump
kit that is pre-packaged by the breast pump manufacturer
or distributor.
"Breast pump kit" means a kit that: (1) contains no
more than a breast pump, breast pump collection and
storage supplies, a rechargeable battery for operating the
breast pump, a breastmilk cooler, bottle stands, ice
packs, and a breast pump carrying case; and (2) is
pre-packaged as a breast pump kit by the breast pump
manufacturer or distributor.
(47) Tangible personal property sold by or on behalf
of the State Treasurer pursuant to the Revised Uniform
Unclaimed Property Act. This item (47) is exempt from the
provisions of Section 2-70.
(48) Beginning on January 1, 2024, tangible personal
property purchased by an active duty member of the armed
forces of the United States who presents valid military
identification and purchases the property using a form of
payment where the federal government is the payor. The
member of the armed forces must complete, at the point of
sale, a form prescribed by the Department of Revenue
documenting that the transaction is eligible for the
exemption under this paragraph. Retailers must keep the
form as documentation of the exemption in their records
for a period of not less than 6 years. "Armed forces of the
United States" means the United States Army, Navy, Air

10400SB3222ham002 - 303 - LRB104 19119 BDA 38710 a
Force, Space Force, Marine Corps, or Coast Guard. This
paragraph is exempt from the provisions of Section 2-70.
(49) Beginning July 1, 2024, home-delivered meals
provided to Medicare or Medicaid recipients when payment
is made by an intermediary, such as a Medicare
Administrative Contractor, a Managed Care Organization, or
a Medicare Advantage Organization, pursuant to a
government contract. This paragraph (49) is exempt from
the provisions of Section 2-70.
(50) Beginning on January 1, 2026, as further defined
in Section 2-10, food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, food consisting of or infused with
adult use cannabis, soft drinks, candy, and food that has
been prepared for immediate consumption, and, beginning on
November 12, 2026, food that is a final consumer hemp
cannabinoid product as defined in the Illinois Hemp Act).
This item (50) is exempt from the provisions of Section
2-70.
(51) Gross receipts from the lease of the following
tangible personal property:
(1) computer software transferred subject to a
license that meets the following requirements:
(A) it is evidenced by a written agreement
signed by the licensor and the customer;
(i) an electronic agreement in which the

10400SB3222ham002 - 304 - LRB104 19119 BDA 38710 a
customer accepts the license by means of an
electronic signature that is verifiable and
can be authenticated and is attached to or
made part of the license will comply with this
requirement;
(ii) a license agreement in which the
customer electronically accepts the terms by
clicking "I agree" does not comply with this
requirement;
(B) it restricts the customer's duplication
and use of the software;
(C) it prohibits the customer from licensing,
sublicensing, or transferring the software to a
third party (except to a related party) without
the permission and continued control of the
licensor;
(D) the licensor has a policy of providing
another copy at minimal or no charge if the
customer loses or damages the software, or of
permitting the licensee to make and keep an
archival copy, and such policy is either stated in
the license agreement, supported by the licensor's
books and records, or supported by a notarized
statement made under penalties of perjury by the
licensor; and
(E) the customer must destroy or return all

10400SB3222ham002 - 305 - LRB104 19119 BDA 38710 a
copies of the software to the licensor at the end
of the license period; this provision is deemed to
be met, in the case of a perpetual license,
without being set forth in the license agreement;
and
(2) property that is subject to a tax on lease
receipts imposed by a home rule unit of local
government if the ordinance imposing that tax was
adopted prior to January 1, 2023.
(Source: P.A. 103-9, Article 5, Section 5-20, eff. 6-7-23;
103-9, Article 15, Section 15-20, eff. 6-7-23; 103-154, eff.
6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605,
eff. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25;
103-781, eff. 8-5-24; 103-995, eff. 8-9-24; 104-6, eff.
6-16-25; 104-417, eff. 8-15-25.)
(35 ILCS 120/2-10) from Ch. 120, par. 441-10
Sec. 2-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
gross receipts from sales, which, on and after January 1,
2025, includes leases, of tangible personal property made in
the course of business.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.

10400SB3222ham002 - 306 - LRB104 19119 BDA 38710 a
Beginning on August 6, 2010 through August 15, 2010, and
beginning again on August 5, 2022 through August 14, 2022,
with respect to sales tax holiday items as defined in Section
2-8 of this Act, the tax is imposed at the rate of 1.25%.
Within 14 days after July 1, 2000 (the effective date of
Public Act 91-872), each retailer of motor fuel and gasohol
shall cause the following notice to be posted in a prominently
visible place on each retail dispensing device that is used to
dispense motor fuel or gasohol in the State of Illinois: "As of
July 1, 2000, the State of Illinois has eliminated the State's
share of sales tax on motor fuel and gasohol through December
31, 2000. The price on this pump should reflect the
elimination of the tax." The notice shall be printed in bold
print on a sign that is no smaller than 4 inches by 8 inches.
The sign shall be clearly visible to customers. Any retailer
who fails to post or maintain a required sign through December
31, 2000 is guilty of a petty offense for which the fine shall
be $500 per day per each retail premises where a violation
occurs.
With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the proceeds of
sales made on or after January 1, 1990, and before July 1,
2003, (ii) 80% of the proceeds of sales made on or after July
1, 2003 and on or before July 1, 2017, (iii) 100% of the
proceeds of sales made after July 1, 2017 and prior to January
1, 2024, (iv) 90% of the proceeds of sales made on or after

10400SB3222ham002 - 307 - LRB104 19119 BDA 38710 a
January 1, 2024 and on or before December 31, 2028, and (v)
100% of the proceeds of sales made after December 31, 2028. If,
at any time, however, the tax under this Act on sales of
gasohol, as defined in the Use Tax Act, is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of gasohol made during that time.
With respect to mid-range ethanol blends, as defined in
Section 3-44.3 of the Use Tax Act, the tax imposed by this Act
applies to (i) 80% of the proceeds of sales made on or after
January 1, 2024 and on or before December 31, 2028 and (ii)
100% of the proceeds of sales made after December 31, 2028. If,
at any time, however, the tax under this Act on sales of
mid-range ethanol blends is imposed at the rate of 1.25%, then
the tax imposed by this Act applies to 100% of the proceeds of
sales of mid-range ethanol blends made during that time.
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the proceeds of sales made on or after July 1, 2003 and on
or before December 31, 2028 but applies to 100% of the proceeds
of sales made thereafter.
With respect to biodiesel blends, as defined in the Use
Tax Act, with no less than 1% and no more than 10% biodiesel,
the tax imposed by this Act applies to (i) 80% of the proceeds
of sales made on or after July 1, 2003 and on or before
December 31, 2018 and (ii) 100% of the proceeds of sales made
after December 31, 2018 and before January 1, 2024. On and

10400SB3222ham002 - 308 - LRB104 19119 BDA 38710 a
after January 1, 2024 and on or before December 31, 2030, the
taxation of biodiesel, renewable diesel, and biodiesel blends
shall be as provided in Section 3-5.1 of the Use Tax Act. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
With respect to biodiesel, as defined in the Use Tax Act,
and biodiesel blends, as defined in the Use Tax Act, with more
than 10% but no more than 99% biodiesel, the tax imposed by
this Act does not apply to the proceeds of sales made on or
after July 1, 2003 and on or before December 31, 2023. On and
after January 1, 2024 and on or before December 31, 2030, the
taxation of biodiesel, renewable diesel, and biodiesel blends
shall be as provided in Section 3-5.1 of the Use Tax Act.
Until July 1, 2022 and from July 1, 2023 through December
31, 2025, with respect to food for human consumption that is to
be consumed off the premises where it is sold (other than
alcoholic beverages, food consisting of or infused with adult
use cannabis, soft drinks, and food that has been prepared for
immediate consumption), the tax is imposed at the rate of 1%.
Beginning July 1, 2022 and until July 1, 2023, with respect to
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages,

10400SB3222ham002 - 309 - LRB104 19119 BDA 38710 a
food consisting of or infused with adult use cannabis, soft
drinks, and food that has been prepared for immediate
consumption, and, beginning on November 12, 2026, food that is
a final consumer hemp cannabinoid product as defined in the
Illinois Hemp Act), the tax is imposed at the rate of 0%. On
and after January 1, 2026, food for human consumption that is
to be consumed off the premises where it is sold (other than
alcoholic beverages, food consisting of or infused with adult
use cannabis, soft drinks, candy, and food that has been
prepared for immediate consumption) is exempt from the tax
imposed by this Act.
With respect to prescription and nonprescription
medicines, drugs, medical appliances, products classified as
Class III medical devices by the United States Food and Drug
Administration that are used for cancer treatment pursuant to
a prescription, as well as any accessories and components
related to those devices, modifications to a motor vehicle for
the purpose of rendering it usable by a person with a
disability, and insulin, blood sugar testing materials,
syringes, and needles used by human diabetics, the tax is
imposed at the rate of 1%. For the purposes of this Section,
until September 1, 2009: the term "soft drinks" means any
complete, finished, ready-to-use, non-alcoholic drink, whether
carbonated or not, including, but not limited to, soda water,
cola, fruit juice, vegetable juice, carbonated water, and all
other preparations commonly known as soft drinks of whatever

10400SB3222ham002 - 310 - LRB104 19119 BDA 38710 a
kind or description that are contained in any closed or sealed
bottle, can, carton, or container, regardless of size; but
"soft drinks" does not include coffee, tea, non-carbonated
water, infant formula, milk or milk products as defined in the
Grade A Pasteurized Milk and Milk Products Act, or drinks
containing 50% or more natural fruit or vegetable juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" does not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that

10400SB3222ham002 - 311 - LRB104 19119 BDA 38710 a
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or
other ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 CFR 201.66. The "over-the-counter-drug"
label includes:
(A) a "Drug Facts" panel; or
(B) a statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
Beginning on January 1, 2014 (the effective date of Public
Act 98-122), "prescription and nonprescription medicines and

10400SB3222ham002 - 312 - LRB104 19119 BDA 38710 a
drugs" includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Program Act.
Beginning 90 days after the effective date of this
amendatory Act of the 104th General Assembly, "prescription
and nonprescription medicines and drugs" includes cannabis or
cannabis-infused products purchased by a qualified patient,
provisional patient, designated caregiver, or Opioid
Alternative Patient Program participant as part of that
individual's adequate medical supply from any dispensary that
has been issued a Medical Cannabis Dispensing Organization
license, as these terms are defined under the Cannabis
Regulation and Tax Act.
Beginning on November 12, 2026, "prescription and
nonprescription medicines and drugs" does not include a final
consumer hemp cannabinoid product as defined in the Illinois
Hemp Act.
As used in this Section, "adult use cannabis" means
cannabis subject to tax under the Cannabis Cultivation
Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
and does not include cannabis subject to tax under the
Compassionate Use of Medical Cannabis Program Act.
Beginning 90 days after the effective date of this
amendatory Act of the 104th General Assembly, as used in this
Section, "adult use cannabis" does not include cannabis or
cannabis-infused products purchased by a qualified patient,

10400SB3222ham002 - 313 - LRB104 19119 BDA 38710 a
provisional patient, designated caregiver, or Opioid
Alternative Patient Program participant as part of that
individual's adequate medical supply from any dispensary that
has been issued a Medical Cannabis Dispensing Organization
license.
(Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;
103-592, eff. 1-1-25; 103-781, eff. 8-5-24; 104-417, eff.
8-15-25.)
(35 ILCS 120/11) (from Ch. 120, par. 450)
Sec. 11. All information received by the Department from
returns filed under this Act, or from any investigation
conducted under this Act, shall be confidential, except for
official purposes, and any person, including a third party as
defined in the Local Government Revenue Recapture Act, who
divulges any such information in any manner, except in
accordance with a proper judicial order or as otherwise
provided by law, including the Local Government Revenue
Recapture Act, shall be guilty of a Class B misdemeanor with a
fine not to exceed $7,500.
Nothing in this Act prevents the Director of Revenue from
publishing or making available to the public the names and
addresses of persons filing returns under this Act, or
reasonable statistics concerning the operation of the tax by
grouping the contents of returns so the information in any
individual return is not disclosed.

10400SB3222ham002 - 314 - LRB104 19119 BDA 38710 a
Nothing in this Act prevents the Director of Revenue from
divulging to the United States Government or the government of
any other state, or any officer or agency thereof, for
exclusively official purposes, information received by the
Department in administering this Act, provided that such other
governmental agency agrees to divulge requested tax
information to the Department.
The Department's furnishing of information derived from a
taxpayer's return or from an investigation conducted under
this Act to the surety on a taxpayer's bond that has been
furnished to the Department under this Act, either to provide
notice to such surety of its potential liability under the
bond or, in order to support the Department's demand for
payment from such surety under the bond, is an official
purpose within the meaning of this Section.
The furnishing upon request of information obtained by the
Department from returns filed under this Act or investigations
conducted under this Act to the Illinois Liquor Control
Commission for official use is deemed to be an official
purpose within the meaning of this Section.
Notice to a surety of potential liability shall not be
given unless the taxpayer has first been notified, not less
than 10 days prior thereto, of the Department's intent to so
notify the surety.
The furnishing upon request of the Auditor General, or his
authorized agents, for official use, of returns filed and

10400SB3222ham002 - 315 - LRB104 19119 BDA 38710 a
information related thereto under this Act is deemed to be an
official purpose within the meaning of this Section.
Where an appeal or a protest has been filed on behalf of a
taxpayer, the furnishing upon request of the attorney for the
taxpayer of returns filed by the taxpayer and information
related thereto under this Act is deemed to be an official
purpose within the meaning of this Section.
The furnishing of financial information to a municipality
or county, upon request of the chief executive officer
thereof, is an official purpose within the meaning of this
Section, provided the municipality or county agrees in writing
to the requirements of this Section. Information provided to
municipalities and counties under this paragraph shall be
limited to: (1) the business name; (2) the business address;
(3) the standard classification number assigned to the
business; (4) net revenue distributed to the requesting
municipality or county that is directly related to the
requesting municipality's or county's local share of the
proceeds under the Use Tax Act, the Service Use Tax Act, the
Service Occupation Tax Act, and the Retailers' Occupation Tax
Act distributed from the Local Government Tax Fund, and, if
applicable, any locally imposed retailers' occupation tax or
service occupation tax; and (5) a listing of all businesses
within the requesting municipality or county by account
identification number and address. On and after July 1, 2015,
the furnishing of financial information to municipalities and

10400SB3222ham002 - 316 - LRB104 19119 BDA 38710 a
counties under this paragraph may be by electronic means. If
the Department may furnish financial information to a
municipality or county under this paragraph, then the chief
executive officer of the municipality or county may, in turn,
provide that financial information to a third party pursuant
to the Local Government Revenue Recapture Act. However, the
third party shall agree in writing to the requirements of this
Section and meet the requirements of the Local Government
Revenue Recapture Act.
Information so provided shall be subject to all
confidentiality provisions of this Section. The written
agreement shall provide for reciprocity, limitations on
access, disclosure, and procedures for requesting information.
For the purposes of furnishing financial information to a
municipality or county under this Section, "chief executive
officer" means the mayor of a city, the village board
president of a village, the mayor or president of an
incorporated town, the county executive of a county that has
adopted the county executive form of government, the president
of the board of commissioners of Cook County, or the
chairperson of the county board or board of county
commissioners of any other county.
The Department may make available to the Board of Trustees
of any Metro East Mass Transit District information contained
on transaction reporting returns required to be filed under
Section 3 of this Act that report sales made within the

10400SB3222ham002 - 317 - LRB104 19119 BDA 38710 a
boundary of the taxing authority of that Metro East Mass
Transit District, as provided in Section 5.01 of the Local
Mass Transit District Act. The disclosure shall be made
pursuant to a written agreement between the Department and the
Board of Trustees of a Metro East Mass Transit District, which
is an official purpose within the meaning of this Section. The
written agreement between the Department and the Board of
Trustees of a Metro East Mass Transit District shall provide
for reciprocity, limitations on access, disclosure, and
procedures for requesting information. Information so provided
shall be subject to all confidentiality provisions of this
Section.
The Director may make available to any State agency,
including the Illinois Supreme Court, which licenses persons
to engage in any occupation, information that a person
licensed by such agency has failed to file returns under this
Act or pay the tax, penalty and interest shown therein, or has
failed to pay any final assessment of tax, penalty or interest
due under this Act. The Director may make available to any
State agency, including the Illinois Supreme Court,
information regarding whether a bidder, contractor, or an
affiliate of a bidder or contractor has failed to collect and
remit Illinois Use tax on sales into Illinois, or any tax under
this Act or pay the tax, penalty, and interest shown therein,
or has failed to pay any final assessment of tax, penalty, or
interest due under this Act, for the limited purpose of

10400SB3222ham002 - 318 - LRB104 19119 BDA 38710 a
enforcing bidder and contractor certifications. The Director
may make available to units of local government and school
districts that require bidder and contractor certifications,
as set forth in Sections 50-11 and 50-12 of the Illinois
Procurement Code, information regarding whether a bidder,
contractor, or an affiliate of a bidder or contractor has
failed to collect and remit Illinois Use tax on sales into
Illinois, file returns under this Act, or pay the tax,
penalty, and interest shown therein, or has failed to pay any
final assessment of tax, penalty, or interest due under this
Act, for the limited purpose of enforcing bidder and
contractor certifications. For purposes of this Section, the
term "affiliate" means any entity that (1) directly,
indirectly, or constructively controls another entity, (2) is
directly, indirectly, or constructively controlled by another
entity, or (3) is subject to the control of a common entity.
For purposes of this Section, an entity controls another
entity if it owns, directly or individually, more than 10% of
the voting securities of that entity. As used in this Section,
the term "voting security" means a security that (1) confers
upon the holder the right to vote for the election of members
of the board of directors or similar governing body of the
business or (2) is convertible into, or entitles the holder to
receive upon its exercise, a security that confers such a
right to vote. A general partnership interest is a voting
security.

10400SB3222ham002 - 319 - LRB104 19119 BDA 38710 a
The Director may make available to any State agency,
including the Illinois Supreme Court, units of local
government, and school districts, information regarding
whether a bidder or contractor is an affiliate of a person who
is not collecting and remitting Illinois Use taxes for the
limited purpose of enforcing bidder and contractor
certifications.
The Director may also make available to the Secretary of
State information that a limited liability company, which has
filed articles of organization with the Secretary of State, or
corporation which has been issued a certificate of
incorporation by the Secretary of State has failed to file
returns under this Act or pay the tax, penalty and interest
shown therein, or has failed to pay any final assessment of
tax, penalty or interest due under this Act. An assessment is
final when all proceedings in court for review of such
assessment have terminated or the time for the taking thereof
has expired without such proceedings being instituted.
It is an official purpose within the meaning of this
Section for the Department to publicly report the aggregate
amount of tax revenues from a given tax return type that the
Department allocates from a State fund or State trust fund to
each unit of local government, such as the amount of the
monthly allocation to each unit of local government of
Municipal Cannabis Retailers' Occupation Tax, County Cannabis
Retailers' Occupation Tax, or Business District Occupation

10400SB3222ham002 - 320 - LRB104 19119 BDA 38710 a
Tax, notwithstanding that some units of local government may
have as few as one retailer reporting revenues for a given tax
return type in any given reporting period.
The Director shall make available for public inspection in
the Department's principal office and for publication, at
cost, administrative decisions issued on or after January 1,
1995. These decisions are to be made available in a manner so
that the following taxpayer information is not disclosed:
(1) The names, addresses, and identification numbers
of the taxpayer, related entities, and employees.
(2) At the sole discretion of the Director, trade
secrets or other confidential information identified as
such by the taxpayer, no later than 30 days after receipt
of an administrative decision, by such means as the
Department shall provide by rule.
The Director shall determine the appropriate extent of the
deletions allowed in paragraph (2). In the event the taxpayer
does not submit deletions, the Director shall make only the
deletions specified in paragraph (1).
The Director shall make available for public inspection
and publication an administrative decision within 180 days
after the issuance of the administrative decision. The term
"administrative decision" has the same meaning as defined in
Section 3-101 of Article III of the Code of Civil Procedure.
Costs collected under this Section shall be paid into the Tax
Compliance and Administration Fund.

10400SB3222ham002 - 321 - LRB104 19119 BDA 38710 a
Nothing contained in this Act shall prevent the Director
from divulging information to any person pursuant to a request
or authorization made by the taxpayer or by an authorized
representative of the taxpayer.
The furnishing of information obtained by the Department
from returns filed under Public Act 101-10 to the Department
of Transportation for purposes of compliance with Public Act
101-10 regarding aviation fuel is deemed to be an official
purpose within the meaning of this Section.
The Director may make information available to the
Secretary of State for the purpose of administering Section
5-901 of the Illinois Vehicle Code.
(Source: P.A. 101-10, eff. 6-5-19; 101-628, eff. 6-1-20;
102-558, eff. 8-20-21; 102-941, eff. 7-1-22.)
Section 155. The Compassionate Use of Medical Cannabis
Program Act is amended by changing Sections 7, 7-15, 10, 15,
25, 30, 35, 57, 60, 62, 70, 75, 85, 100, 105, 115, 120, 130,
145, 150, 173, 195, 200, and 210 as follows:
(410 ILCS 130/7)
Sec. 7. Lawful user and lawful products. For the purposes
of this Act and to clarify the legislative findings on the
lawful use of cannabis:
(1) A cardholder under this Act shall not be
considered an unlawful user or addicted to narcotics

10400SB3222ham002 - 322 - LRB104 19119 BDA 38710 a
solely as a result of his or her qualifying patient,
provisional patient, or designated caregiver, or Opioid
Alternative Patient Program participant status.
(2) All medical cannabis products purchased by a
qualifying patient, provisional patient, designated
caregiver, or Opioid Alternative Patient Program
participant at a licensed dispensing organization shall be
lawful products and a distinction shall be made between
medical and non-medical uses of cannabis as a result of
the qualifying patient's cardholder status, provisional
registration for qualifying patient cardholder status, or
participation in the Opioid Alternative Pilot Program
under the authorized use granted under State law.
(3) An individual with a provisional registration for
qualifying patient cardholder status, a qualifying patient
in the Compassionate Use of Medical Cannabis Program, or
an Opioid Alternative Patient Pilot Program participant
under Section 62 shall not be considered an unlawful user
or addicted to narcotics solely as a result of his or her
application to or participation in the program.
(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
(410 ILCS 130/10)
Sec. 10. Definitions. The following terms, as used in this
Act, shall have the meanings set forth in this Section:
(a) "Adequate medical supply" means 2.5 ounces of usable

10400SB3222ham002 - 323 - LRB104 19119 BDA 38710 a
cannabis during a period of 14 days that is derived solely from
an intrastate source. Subject to the rules of the Department
of Public Health, a patient may apply for a waiver in which a
certifying health care professional provides a substantial
medical basis in a signed, written statement asserting that,
based on the patient's medical history, in the certifying
health care professional's professional judgment, 2.5 ounces
is an insufficient adequate medical supply for a 14-day period
to properly alleviate the patient's debilitating medical
condition or symptoms associated with the debilitating medical
condition. This definition may not be construed to authorize
the possession of more than 2.5 ounces at any time without
authority from the Department of Public Health. The pre-mixed
weight of medical cannabis used in making a cannabis-infused
product shall apply toward the limit on the total amount of
medical cannabis a registered qualifying patient may possess
at any one time. :
(1) 2.5 ounces of usable cannabis during a period of
14 days and that is derived solely from an intrastate
source.
(2) Subject to the rules of the Department of Public
Health, a patient may apply for a waiver where a
certifying health care professional provides a substantial
medical basis in a signed, written statement asserting
that, based on the patient's medical history, in the
certifying health care professional's professional

10400SB3222ham002 - 324 - LRB104 19119 BDA 38710 a
judgment, 2.5 ounces is an insufficient adequate supply
for a 14-day period to properly alleviate the patient's
debilitating medical condition or symptoms associated with
the debilitating medical condition.
(3) This subsection may not be construed to authorize
the possession of more than 2.5 ounces at any time without
authority from the Department of Public Health.
(4) The pre-mixed weight of medical cannabis used in
making a cannabis infused product shall apply toward the
limit on the total amount of medical cannabis a registered
qualifying patient may possess at any one time.
(a-5) "Advanced practice registered nurse" means a person
who is licensed under the Nurse Practice Act as an advanced
practice registered nurse and has a controlled substances
license under Article III of the Illinois Controlled
Substances Act.
(a-10) "Bona fide health care professional-patient
relationship" means a relationship in which the certifying
health care professional has an ongoing responsibility for the
assessment, care, and treatment of a patient's debilitating
medical condition or a symptom of the patient's debilitating
medical condition. A veteran who has received treatment at a
VA hospital shall be deemed to have a bona fide health care
professional-patient relationship with a VA certifying health
care professional if the patient has been seen for his or her
debilitating medical condition at the VA Hospital in

10400SB3222ham002 - 325 - LRB104 19119 BDA 38710 a
accordance with VA Hospital protocols. A bona fide health care
professional-patient relationship under this subsection is a
privileged communication within the meaning of Section 8-802
of the Code of Civil Procedure.
(b) "Cannabis" has the same meaning given to that term in
Section 1-10 3 of the Cannabis Regulation and Tax Control Act.
(c) "Cannabis plant monitoring system" means a system that
includes, but is not limited to, testing and data collection
established and maintained by the registered cultivation
center and available to the Department for the purposes of
documenting each cannabis plant and for monitoring plant
development throughout the life cycle of a cannabis plant
cultivated for the intended use by a qualifying patient from
seed planting to final packaging.
(d) "Cardholder" means a qualifying patient, provisional
patient, or a designated caregiver who has been issued and
possesses a valid registry identification card by the
Department of Public Health.
(d-5) "Certifying health care professional" means a
physician, an advanced practice registered nurse, or a
physician assistant.
(e) "Cultivation center" means a facility operated by an
organization or business that is registered by the Department
of Agriculture to perform necessary activities to provide only
registered medical cannabis dispensing organizations with
usable medical cannabis.

10400SB3222ham002 - 326 - LRB104 19119 BDA 38710 a
(f) "Cultivation center agent" means a principal officer,
board member, employee, or agent of a registered cultivation
center who is 21 years of age or older and has not been
convicted of an excluded offense.
(g) "Cultivation center agent identification card" means a
document issued by the Department of Agriculture that
identifies a person as a cultivation center agent.
(h) "Debilitating medical condition" means one or more of
the following:
(1) cancer, glaucoma, positive status for human
immunodeficiency virus, acquired immune deficiency
syndrome, hepatitis C, amyotrophic lateral sclerosis,
Crohn's disease (including, but not limited to, ulcerative
colitis), agitation of Alzheimer's disease,
cachexia/wasting syndrome, muscular dystrophy, severe
fibromyalgia, spinal cord disease, including but not
limited to arachnoiditis, Tarlov cysts, hydromyelia,
syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
spinal cord injury, traumatic brain injury and
post-concussion syndrome, Multiple Sclerosis,
Arnold-Chiari malformation and Syringomyelia,
Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
(Complex Regional Pain Syndromes Type I), Causalgia, CRPS
(Complex Regional Pain Syndromes Type II),
Neurofibromatosis, Chronic Inflammatory Demyelinating

10400SB3222ham002 - 327 - LRB104 19119 BDA 38710 a
Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
syndrome, residual limb pain, seizures (including those
characteristic of epilepsy), post-traumatic stress
disorder (PTSD), autism, chronic pain, irritable bowel
syndrome, migraines, osteoarthritis, anorexia nervosa,
Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune
Disease, neuropathy, polycystic kidney disease, superior
canal dehiscence syndrome, endometriosis, ovarian cysts,
uterine fibroids, female orgasmic disorder, or the
treatment of these conditions;
(1.5) terminal illness with a diagnosis of 6 months or
less; if the terminal illness is not one of the qualifying
debilitating medical conditions, then the certifying
health care professional shall on the certification form
identify the cause of the terminal illness; or
(2) any other debilitating medical condition or its
treatment that is added by the Department of Public Health
by rule as provided in Section 45.
(i) "Designated caregiver" means a person who: (1) is at
least 21 years of age; (2) has agreed to assist with a
patient's medical use of cannabis; (3) has not been convicted
of an excluded offense; and (3) (4) assists no more than one
registered qualifying patient with the patient's his or her
medical use of cannabis, except the parent or guardian of a
registered qualifying patient may assist each of their

10400SB3222ham002 - 328 - LRB104 19119 BDA 38710 a
children who are registered qualifying patients.
(i-5) "Dispensing organization" or "dispensary" means a
facility operated by an organization or business that is
registered by the Department of Financial and Professional
Regulation to acquire cannabis from a registered cultivation
center for the purpose of dispensing cannabis, paraphernalia,
or related supplies and educational materials to registered
qualifying patients, individuals with a provisional
registration for qualifying patient cardholder status, or an
Opioid Alternative Patient Program participants, or, if also
licensed under the Cannabis Regulation and Tax Act, purchasers
over the age of 21.
(i-10) "Dispensing organization agent" means a principal
officer, board member, employee, or agent of a registered
medical cannabis dispensing organization who is 21 years of
age or older.
(j) "Dispensing organization agent identification card"
means a document issued by the Department of Financial and
Professional Regulation that identifies a person as a medical
cannabis dispensing organization agent.
(k) "Enclosed, locked facility" means a room, greenhouse,
building, or other enclosed area equipped with locks or other
security devices that permit access only by a cultivation
center's agents or a dispensing organization's agent working
for the registered cultivation center or the registered
dispensing organization to cultivate, store, and distribute

10400SB3222ham002 - 329 - LRB104 19119 BDA 38710 a
cannabis for registered qualifying patients.
(l) (Blank). "Excluded offense" for cultivation center
agents and dispensing organizations means:
(1) a violent crime defined in Section 3 of the Rights
of Crime Victims and Witnesses Act or a substantially
similar offense that was classified as a felony in the
jurisdiction where the person was convicted; or
(2) a violation of a state or federal controlled
substance law, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act that
was classified as a felony in the jurisdiction where the
person was convicted, except that the registering
Department may waive this restriction if the person
demonstrates to the registering Department's satisfaction
that his or her conviction was for the possession,
cultivation, transfer, or delivery of a reasonable amount
of cannabis intended for medical use. This exception does
not apply if the conviction was under state law and
involved a violation of an existing medical cannabis law.
For purposes of this subsection, the Department of Public
Health shall determine by emergency rule within 30 days after
the effective date of this amendatory Act of the 99th General
Assembly what constitutes a "reasonable amount".
(l-5) (Blank).
(l-10) "Illinois Cannabis Tracking System" means a
web-based system established and maintained by the Department

10400SB3222ham002 - 330 - LRB104 19119 BDA 38710 a
of Public Health that is available to the Department of
Agriculture, the Department of Financial and Professional
Regulation, the Illinois State Police, and registered medical
cannabis dispensing organizations on a 24-hour basis to upload
written certifications for Opioid Alternative Patient Pilot
Program participants, to verify Opioid Alternative Patient
Pilot Program participants, to verify Opioid Alternative
Patient Pilot Program participants' available cannabis
allotment and assigned dispensary, and the tracking of the
date of sale, amount, and price of medical cannabis purchased
by an Opioid Alternative Patient Pilot Program participant.
(m) "Medical cannabis cultivation center registration"
means a registration issued by the Department of Agriculture.
(n) "Medical cannabis container" means a sealed,
traceable, food compliant, tamper resistant, tamper evident
container, or package used for the purpose of containment of
medical cannabis from a cultivation center to a dispensing
organization.
(o) (Blank). "Medical cannabis dispensing organization",
or "dispensing organization", or "dispensary organization"
means a facility operated by an organization or business that
is registered by the Department of Financial and Professional
Regulation to acquire medical cannabis from a registered
cultivation center for the purpose of dispensing cannabis,
paraphernalia, or related supplies and educational materials
to registered qualifying patients, individuals with a

10400SB3222ham002 - 331 - LRB104 19119 BDA 38710 a
provisional registration for qualifying patient cardholder
status, or an Opioid Alternative Pilot Program participant.
(p) (Blank). "Medical cannabis dispensing organization
agent" or "dispensing organization agent" means a principal
officer, board member, employee, or agent of a registered
medical cannabis dispensing organization who is 21 years of
age or older and has not been convicted of an excluded offense.
(q) "Medical cannabis infused product" means food, oils,
ointments, or other products containing usable cannabis that
are not smoked.
(r) "Medical use" means the acquisition; administration;
delivery; possession; transfer; transportation; or use of
cannabis to treat or alleviate a registered qualifying
patient's debilitating medical condition or symptoms
associated with the patient's debilitating medical condition.
(r-5) "Opioid" means a narcotic drug or substance that is
a Schedule II controlled substance under paragraph (1), (2),
(3), or (5) of subsection (b) or under subsection (c) of
Section 206 of the Illinois Controlled Substances Act.
(r-10) "Opioid Alternative Patient Pilot Program
participant" means an individual who has received a valid
written certification to participate in the Opioid Alternative
Patient Pilot Program for a medical condition for which an
opioid has been or could be prescribed by a certifying health
care professional based on generally accepted standards of
care.

10400SB3222ham002 - 332 - LRB104 19119 BDA 38710 a
(s) "Physician" means a doctor of medicine or doctor of
osteopathy licensed under the Medical Practice Act of 1987 to
practice medicine and who has a controlled substances license
under Article III of the Illinois Controlled Substances Act.
It does not include a licensed practitioner under any other
Act including but not limited to the Illinois Dental Practice
Act.
(s-1) "Physician assistant" means a physician assistant
licensed under the Physician Assistant Practice Act of 1987
and who has a controlled substances license under Article III
of the Illinois Controlled Substances Act.
(s-2) "Provisional patient" means a qualifying patient who
has received a provisional registration from the Department of
Public Health.
(s-5) "Provisional registration" means a document issued
by the Department of Public Health to a qualifying patient who
has submitted: (1) an online application and paid a fee to
participate in Compassionate Use of Medical Cannabis Program
pending approval or denial of the patient's application; or
(2) a completed application for terminal illness.
(t) "Qualifying patient" or "registered qualifying
patient" means a person who has been diagnosed by a certifying
health care professional as having a debilitating medical
condition.
(u) "Registered" means licensed, permitted, or otherwise
certified by the Department of Agriculture, Department of

10400SB3222ham002 - 333 - LRB104 19119 BDA 38710 a
Public Health, or Department of Financial and Professional
Regulation.
(v) "Registry identification card" means a document issued
by the Department of Public Health that identifies a person as
a registered qualifying patient, provisional patient, or
registered designated caregiver.
(w) "Usable cannabis" means the seeds, leaves, buds, and
flowers of the cannabis plant and any mixture or preparation
thereof, but does not include the stalks, and roots of the
plant. It does not include the weight of any non-cannabis
ingredients combined with cannabis, such as ingredients added
to prepare a topical administration, food, or drink.
(x) "Verification system" means a Web-based system
established and maintained by the Department of Public Health
that is available to the Department of Agriculture, the
Department of Financial and Professional Regulation, law
enforcement personnel, and registered medical cannabis
dispensing organization agents on a 24-hour basis for the
verification of registry identification cards, the tracking of
delivery of medical cannabis to medical cannabis dispensing
organizations, and the tracking of the date of sale, amount,
and price of medical cannabis purchased by a registered
qualifying patient.
(y) "Written certification" means a document dated and
signed by a certifying health care professional, stating (1)
that the qualifying patient has a debilitating medical

10400SB3222ham002 - 334 - LRB104 19119 BDA 38710 a
condition and specifying the debilitating medical condition
the qualifying patient has; and (2) that (A) the certifying
health care professional is treating or managing treatment of
the patient's debilitating medical condition; or (B) an Opioid
Alternative Patient Pilot Program participant has a medical
condition for which opioids have been or could be prescribed.
A written certification shall be made only in the course of a
bona fide health care professional-patient relationship, after
the certifying health care professional has completed an
assessment of either a qualifying patient's medical history or
Opioid Alternative Patient Pilot Program participant, reviewed
relevant records related to the patient's debilitating
condition, and conducted a physical examination.
(z) (Blank). "Bona fide health care professional-patient
relationship" means a relationship established at a hospital,
certifying health care professional's office, or other health
care facility in which the certifying health care professional
has an ongoing responsibility for the assessment, care, and
treatment of a patient's debilitating medical condition or a
symptom of the patient's debilitating medical condition.
A veteran who has received treatment at a VA hospital
shall be deemed to have a bona fide health care
professional-patient relationship with a VA certifying health
care professional if the patient has been seen for his or her
debilitating medical condition at the VA Hospital in
accordance with VA Hospital protocols.

10400SB3222ham002 - 335 - LRB104 19119 BDA 38710 a
A bona fide health care professional-patient relationship
under this subsection is a privileged communication within the
meaning of Section 8-802 of the Code of Civil Procedure.
(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
(410 ILCS 130/15)
Sec. 15. Authority.
(a) It is the duty of the Department of Public Health to
enforce the following provisions of this Act unless otherwise
provided for by this Act:
(1) establish and maintain a confidential registry of
qualifying patients authorized to engage in the medical
use of cannabis and their caregivers;
(2) distribute educational materials about the health
benefits and risks associated with the use of cannabis and
prescription medications;
(3) adopt rules to administer the patient and
caregiver registration program; and
(4) adopt rules establishing food handling
requirements for cannabis-infused products that are
prepared for human consumption.
(b) It is the duty of the Department of Agriculture to
enforce the provisions of this Act relating to the
registration and oversight of cultivation centers unless
otherwise provided for in this Act.
(c) It is the duty of the Department of Financial and

10400SB3222ham002 - 336 - LRB104 19119 BDA 38710 a
Professional Regulation to enforce the provisions of this Act
relating to the registration and oversight of dispensing
organizations unless otherwise provided for in this Act.
(d) The Department of Public Health, the Department of
Agriculture, or the Department of Financial and Professional
Regulation shall enter into intergovernmental agreements, as
necessary, to carry out the provisions of this Act including,
but not limited to, the provisions relating to the
registration and oversight of cultivation centers, dispensing
organizations, and qualifying patients and caregivers.
Beginning January 1, 2027, the Department of Public Health may
enter into intergovernmental agreements, as necessary, to
carry out the provisions of this Act, including, but not
limited to, the provisions relating to qualifying patients and
caregivers.
(e) The Department of Public Health, the Department of
Agriculture, or the Department of Financial and Professional
Regulation may suspend, revoke, or impose other penalties upon
a registration for violations of this Act and any rules
adopted in accordance thereto. The suspension or revocation
of, or imposition of any other penalty upon, a registration is
a final Agency action, subject to judicial review.
Jurisdiction and venue for judicial review are vested in the
Circuit Court.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
99-519, eff. 6-30-16.)

10400SB3222ham002 - 337 - LRB104 19119 BDA 38710 a
(410 ILCS 130/25)
Sec. 25. Immunities and presumptions related to the
medical use of cannabis.
(a) A registered qualifying patient is not subject to
arrest, prosecution, or denial of any right or privilege,
including, but not limited to, civil penalty or disciplinary
action by an occupational or professional licensing board, for
the medical use of cannabis in accordance with this Act, if the
registered qualifying patient possesses an amount of cannabis
that does not exceed an adequate medical supply as defined in
subsection (a) of Section 10 of this Act of usable cannabis
and, where the registered qualifying patient is a licensed
professional, the use of cannabis does not impair that
licensed professional when he or she is engaged in the
practice of the profession for which he or she is licensed.
(b) A registered designated caregiver is not subject to
arrest, prosecution, or denial of any right or privilege,
including, but not limited to, civil penalty or disciplinary
action by an occupational or professional licensing board, for
acting in accordance with this Act to assist a registered
qualifying patient to whom he or she is connected through the
Department's registration process with the medical use of
cannabis if the designated caregiver possesses an amount of
cannabis that does not exceed an adequate medical supply as
defined in subsection (a) of Section 10 of this Act of usable

10400SB3222ham002 - 338 - LRB104 19119 BDA 38710 a
cannabis. A school nurse or school administrator is not
subject to arrest, prosecution, or denial of any right or
privilege, including, but not limited to, a civil penalty, for
acting in accordance with Section 22-33 of the School Code
relating to administering or assisting a student in
self-administering a medical cannabis infused product. The
total amount possessed between the qualifying patient and
caregiver shall not exceed the patient's adequate supply as
defined in subsection (a) of Section 10 of this Act.
(c) A registered qualifying patient, or registered
designated caregiver, or Opioid Alternative Patient Program
participant is not subject to arrest, prosecution, or denial
of any right or privilege, including, but not limited to,
civil penalty or disciplinary action by an occupational or
professional licensing board for possession of cannabis that
is incidental to medical use, but is not usable cannabis as
defined in this Act.
(d)(1) There is a rebuttable presumption that a registered
qualifying patient is engaged in, or a designated caregiver is
assisting with, the medical use of cannabis in accordance with
this Act if the qualifying patient or designated caregiver:
(A) is in possession of a valid registry
identification card; and
(B) is in possession of an amount of cannabis that
does not exceed the amount allowed under subsection (a) of
Section 10.

10400SB3222ham002 - 339 - LRB104 19119 BDA 38710 a
(2) The presumption may be rebutted by evidence that
conduct related to cannabis was not for the purpose of
treating or alleviating the qualifying patient's debilitating
medical condition or symptoms associated with the debilitating
medical condition in compliance with this Act.
(e) A certifying health care professional is not subject
to arrest, prosecution, or penalty in any manner, or denial of
any right or privilege, including, but not limited to, civil
penalty or disciplinary action by the Medical Disciplinary
Board or by any other occupational or professional licensing
board, solely for providing written certifications or for
otherwise stating that, in the certifying health care
professional's professional opinion, a patient is likely to
receive therapeutic or palliative benefit from the medical use
of cannabis to treat or alleviate the patient's debilitating
medical condition or symptoms associated with the debilitating
medical condition, provided that nothing shall prevent a
professional licensing or disciplinary board from sanctioning
a certifying health care professional for: (1) issuing a
written certification to a patient who is not under the
certifying health care professional's care for a debilitating
medical condition; or (2) failing to properly evaluate a
patient's medical condition or otherwise violating the
standard of care for evaluating medical conditions.
(f) No person may be subject to arrest, prosecution, or
denial of any right or privilege, including, but not limited

10400SB3222ham002 - 340 - LRB104 19119 BDA 38710 a
to, civil penalty or disciplinary action by an occupational or
professional licensing board, solely for: (1) selling cannabis
paraphernalia to a cardholder upon presentation of an
unexpired registry identification card in the recipient's name
or Opioid Alternative Patient Program participant upon
verification of certification, if employed and registered as a
dispensing agent by a registered dispensing organization; (2)
being in the presence or vicinity of the medical use of
cannabis as allowed under this Act; or (3) assisting a
registered qualifying patient with the act of administering
cannabis.
(g) A registered cultivation center is not subject to
prosecution; search or inspection, except by the Department of
Agriculture, Department of Public Health, or State or local
law enforcement under Section 130; seizure; or penalty in any
manner, or denial of any right or privilege, including, but
not limited to, civil penalty or disciplinary action by a
business licensing board or entity, for acting under this Act
and Department of Agriculture rules to: acquire, possess,
cultivate, manufacture, deliver, transfer, transport, supply,
or sell cannabis to registered dispensing organizations.
(h) A registered cultivation center agent is not subject
to prosecution, search, or penalty in any manner, or denial of
any right or privilege, including, but not limited to, civil
penalty or disciplinary action by a business licensing board
or entity, for working or volunteering for a registered

10400SB3222ham002 - 341 - LRB104 19119 BDA 38710 a
cannabis cultivation center under this Act and Department of
Agriculture rules, including to perform the actions listed
under subsection (g).
(i) A registered dispensing organization is not subject to
prosecution; search or inspection, except by the Department of
Financial and Professional Regulation or State or local law
enforcement pursuant to Section 130; seizure; or penalty in
any manner, or denial of any right or privilege, including,
but not limited to, civil penalty or disciplinary action by a
business licensing board or entity, for acting under this Act
and Department of Financial and Professional Regulation rules
to: acquire, possess, or dispense cannabis, or related
supplies, and educational materials to registered qualifying
patients or registered designated caregivers on behalf of
registered qualifying patients.
(j) A registered dispensing organization agent is not
subject to prosecution, search, or penalty in any manner, or
denial of any right or privilege, including, but not limited
to, civil penalty or disciplinary action by a business
licensing board or entity, for working or volunteering for a
dispensing organization under this Act and Department of
Financial and Professional Regulation rules, including to
perform the actions listed under subsection (i).
(k) Any cannabis, cannabis paraphernalia, illegal
property, or interest in legal property that is possessed,
owned, or used in connection with the medical use of cannabis

10400SB3222ham002 - 342 - LRB104 19119 BDA 38710 a
as allowed under this Act, or acts incidental to that use, may
not be seized or forfeited. This Act does not prevent the
seizure or forfeiture of cannabis exceeding the amounts
allowed under this Act or the Cannabis Regulation and Tax Act,
nor shall it prevent seizure or forfeiture if the basis for the
action is unrelated to the cannabis that is possessed,
manufactured, transferred, or used under this Act or the
Cannabis Regulation and Tax Act.
(l) Mere possession of, or application for, a registry
identification card or registration certificate does not
constitute probable cause or reasonable suspicion, nor shall
it be used as the sole basis to support the search of the
person, property, or home of the person possessing or applying
for the registry identification card. The possession of, or
application for, a registry identification card does not
preclude the existence of probable cause if probable cause
exists on other grounds.
(m) Nothing in this Act shall preclude local or State law
enforcement agencies from searching a registered cultivation
center where there is probable cause to believe that the
criminal laws of this State have been violated and the search
is conducted in conformity with the Illinois Constitution, the
Constitution of the United States, and all State statutes.
(n) Nothing in this Act shall preclude local or State law
enforcement agencies from searching a registered dispensing
organization where there is probable cause to believe that the

10400SB3222ham002 - 343 - LRB104 19119 BDA 38710 a
criminal laws of this State have been violated and the search
is conducted in conformity with the Illinois Constitution, the
Constitution of the United States, and all State statutes.
(o) No individual employed by the State of Illinois shall
be subject to criminal or civil penalties for taking any
action in accordance with the provisions of this Act, when the
actions are within the scope of his or her employment.
Representation and indemnification of State employees shall be
provided to State employees as set forth in Section 2 of the
State Employee Indemnification Act.
(p) No law enforcement or correctional agency, nor any
individual employed by a law enforcement or correctional
agency, shall be subject to criminal or civil liability,
except for willful and wanton misconduct, as a result of
taking any action within the scope of the official duties of
the agency or individual to prohibit or prevent the possession
or use of cannabis by a cardholder or Opioid Alternative
Patient Program participant incarcerated at a correctional
facility, jail, or municipal lockup facility, on parole or
mandatory supervised release, or otherwise under the lawful
jurisdiction of the agency or individual.
(Source: P.A. 101-363, eff. 8-19-19; 101-370, eff. 1-1-20;
102-558, eff. 8-20-21.)
(410 ILCS 130/30)
Sec. 30. Limitations and penalties.

10400SB3222ham002 - 344 - LRB104 19119 BDA 38710 a
(a) This Act does not permit any person to engage in, and
does not prevent the imposition of any civil, criminal, or
other penalties for engaging in, the following conduct:
(1) Undertaking any task under the influence of
cannabis, when doing so would constitute negligence,
professional malpractice, or professional misconduct;
(2) Possessing cannabis:
(A) except as provided under Section 22-33 of the
School Code, in a school bus;
(B) except as provided under Section 22-33 of the
School Code, on the grounds of any preschool or
primary or secondary school;
(C) in any correctional facility;
(D) in a vehicle under Section 11-502.1 of the
Illinois Vehicle Code;
(E) in a vehicle not open to the public unless the
medical cannabis is in a reasonably secured, sealed
container and reasonably inaccessible while the
vehicle is moving; or
(F) in a private residence that is used at any time
to provide licensed child care or other similar social
service care on the premises;
(3) Using cannabis:
(A) except as provided under Section 22-33 of the
School Code, in a school bus;
(B) except as provided under Section 22-33 of the

10400SB3222ham002 - 345 - LRB104 19119 BDA 38710 a
School Code, on the grounds of any preschool or
primary or secondary school;
(C) in any correctional facility;
(D) in any motor vehicle;
(E) in a private residence that is used at any time
to provide licensed child care or other similar social
service care on the premises;
(F) except as provided under Section 22-33 of the
School Code and Section 31 of this Act, in any public
place. "Public place" as used in this subsection means
any place where an individual could reasonably be
expected to be observed by others. A "public place"
includes all parts of buildings owned in whole or in
part, or leased, by the State or a local unit of
government. A "public place" does not include a
private residence unless the private residence is used
to provide licensed child care, foster care, or other
similar social service care on the premises. For
purposes of this subsection, a "public place" does not
include a health care facility. For purposes of this
Section, a "health care facility" includes, but is not
limited to, hospitals, nursing homes, hospice care
centers, and long-term care facilities;
(G) except as provided under Section 22-33 of the
School Code and Section 31 of this Act, knowingly in
close physical proximity to anyone under the age of 18

10400SB3222ham002 - 346 - LRB104 19119 BDA 38710 a
years of age;
(4) Smoking medical cannabis in any public place where
an individual could reasonably be expected to be observed
by others, in a health care facility, or any other place
where smoking is prohibited under the Smoke Free Illinois
Act;
(5) Operating, navigating, or being in actual physical
control of any motor vehicle, aircraft, or motorboat while
using or under the influence of cannabis in violation of
Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
(6) Using or possessing cannabis if that person does
not have a debilitating medical condition and is not a
registered qualifying patient or caregiver;
(7) Allowing any person who is not allowed to use
cannabis under this Act to use cannabis that a cardholder
is allowed to possess under this Act;
(8) Transferring cannabis to any person contrary to
the provisions of this Act;
(9) The use of medical cannabis by an active duty law
enforcement officer, correctional officer, correctional
probation officer, or firefighter; or
(10) The use of medical cannabis by a person who has a
school bus permit or a Commercial Driver's License.
(b) Nothing in this Act shall be construed to prevent the
arrest or prosecution of a registered qualifying patient for
reckless driving or driving under the influence of cannabis

10400SB3222ham002 - 347 - LRB104 19119 BDA 38710 a
where probable cause exists.
(c) Notwithstanding any other criminal penalties related
to the unlawful possession of cannabis, knowingly making a
misrepresentation to a law enforcement official of any fact or
circumstance relating to the medical use of cannabis to avoid
arrest or prosecution is a petty offense punishable by a fine
of up to $1,000, which shall be in addition to any other
penalties that may apply for making a false statement or for
the use of cannabis other than use undertaken under this Act.
(d) Notwithstanding any other criminal penalties related
to the unlawful possession of cannabis, any person who makes a
misrepresentation of a medical condition to a certifying
health care professional or fraudulently provides material
misinformation to a certifying health care professional in
order to obtain a written certification is guilty of a petty
offense punishable by a fine of up to $1,000.
(e) Any registered qualifying patient, provisional
patient, designated cardholder or registered caregiver, or
Opioid Alternative Patient Program participant who sells
cannabis shall have his or her registry identification card
revoked and is subject to other penalties for the unauthorized
sale of cannabis.
(f) Any registered qualifying patient, provisional
patient, or Opioid Alternative Patient Program participant who
commits a violation of Section 11-502.1 of the Illinois
Vehicle Code or refuses a properly requested test related to

10400SB3222ham002 - 348 - LRB104 19119 BDA 38710 a
operating a motor vehicle while under the influence of
cannabis shall have his or her registry identification card
revoked.
(g) No registered qualifying patient, provisional patient,
or designated caregiver, or Opioid Alternative Patient Program
participant shall knowingly obtain, seek to obtain, or
possess, individually or collectively, an amount of usable
cannabis from a registered medical cannabis dispensing
organization that would cause him or her to exceed the
authorized adequate medical supply under subsection (a) of
Section 10.
(h) Nothing in this Act shall prevent a private business
from restricting or prohibiting the medical use of cannabis on
its property.
(i) Nothing in this Act shall prevent a university,
college, or other institution of post-secondary education from
restricting or prohibiting the use of medical cannabis on its
property.
(Source: P.A. 101-363, eff. 8-9-19; 102-67, eff. 7-9-21.)
(410 ILCS 130/35)
Sec. 35. Certifying health care professional requirements.
(a) A certifying health care professional who certifies a
debilitating medical condition for a qualifying patient shall
comply with all of the following requirements:
(1) The certifying health care professional shall be

10400SB3222ham002 - 349 - LRB104 19119 BDA 38710 a
currently licensed under the Medical Practice Act of 1987
to practice medicine in all its branches, the Nurse
Practice Act, or the Physician Assistant Practice Act of
1987, shall be in good standing, and must hold a
controlled substances license under Article III of the
Illinois Controlled Substances Act.
(2) A certifying health care professional certifying a
patient's condition shall comply with generally accepted
standards of medical practice, the provisions of the Act
under which he or she is licensed and all applicable
rules.
(3) The physical examination required by this Act may
not be performed by remote means, including telemedicine.
(4) The certifying health care professional shall
maintain a record-keeping system for all patients for whom
the certifying health care professional has certified the
patient's medical condition. These records shall be
accessible to and subject to review by the Department of
Public Health and the Department of Financial and
Professional Regulation upon request.
(b) A certifying health care professional may not:
(1) accept, solicit, or offer any form of remuneration
from or to a qualifying patient, provisional patient,
designated primary caregiver, Opioid Alternative Patient
Program participant, cultivation center, or dispensing
organization, including each principal officer, board

10400SB3222ham002 - 350 - LRB104 19119 BDA 38710 a
member, agent, and employee, to certify a patient, other
than accepting payment from a patient for the fee
associated with the required examination, except for the
limited purpose of performing a medical cannabis-related
research study;
(1.5) accept, solicit, or offer any form of
remuneration from or to a medical cannabis cultivation
center or dispensary organization for the purposes of
referring a patient to a specific dispensary organization;
(1.10) engage in any activity that is prohibited under
Section 22.2 of the Medical Practice Act of 1987,
regardless of whether the certifying health care
professional is a physician, advanced practice registered
nurse, or physician assistant;
(2) offer a discount of any other item of value to a
qualifying patient, provisional patient, designated
caregiver, or Opioid Alternative Patient Program
participant who uses or agrees to use a particular
designated primary caregiver or dispensing organization to
obtain medical cannabis;
(3) conduct a personal certifying physical examination
of a patient for purposes of diagnosing a debilitating
medical condition at a location where medical cannabis is
sold or distributed or at the address of a principal
officer, agent, or employee or a medical cannabis
organization;

10400SB3222ham002 - 351 - LRB104 19119 BDA 38710 a
(4) hold a direct or indirect economic interest in a
cultivation center or dispensing organization if he or she
recommends the use of medical cannabis to qualified
patients or is in a partnership or other fee or
profit-sharing relationship with a certifying health care
professional who recommends medical cannabis, except for
the limited purpose of performing a medical
cannabis-related research study;
(5) serve on the board of directors or as an employee
of a cultivation center or dispensing organization;
(6) refer patients to a cultivation center, a
dispensing organization, or a registered designated
caregiver; or
(7) advertise in a cultivation center or a dispensing
organization.
(c) The Department of Public Health may with reasonable
cause refer a certifying health care professional, who has
certified a debilitating medical condition of a patient, to
the Illinois Department of Financial and Professional
Regulation for potential violations of this Section.
(d) Any violation of this Section or any other provision
of this Act or rules adopted under this Act is a violation of
the certifying health care professional's licensure act.
(e) A certifying health care professional who certifies a
debilitating medical condition for a qualifying patient may
notify the Department of Public Health in writing: (1) if the

10400SB3222ham002 - 352 - LRB104 19119 BDA 38710 a
certifying health care professional has reason to believe
either that the registered qualifying patient has ceased to
suffer from a debilitating medical condition; (2) that the
bona fide health care professional-patient relationship has
terminated; or (3) that continued use of medical cannabis
would result in contraindication with the patient's other
medication. The registered qualifying patient's registry
identification card shall be revoked by the Department of
Public Health after receiving the certifying health care
professional's notification.
(f) Nothing in this Act shall preclude a certifying health
care professional from referring a patient for health
services, except when the referral is limited to certification
purposes only, under this Act.
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
(410 ILCS 130/57)
Sec. 57. Designated caregivers Qualifying patients.
(a) Qualifying patients or provisional patients that are
under the age of 18 years shall not be prohibited from
appointing up to 3 designated caregivers who meet the
definition of "designated caregiver" under Section 10 so long
as at least one designated caregiver is a biological parent or
legal guardian.
(b) Qualifying patients and provisional patients that are
18 years of age or older shall not be prohibited from

10400SB3222ham002 - 353 - LRB104 19119 BDA 38710 a
appointing up to 3 designated caregivers who meet the
definition of "designated caregiver" under Section 10.
(c) Beginning 90 days after the effective date of this
amendatory Act of the 104th General Assembly, designated
caregivers, qualifying patients, provisions patients, and
Opioid Alternative Patient Program participants registered
under this Act may purchase an adequate medical supply at any
dispensing organization that has been issued a Medical
Cannabis Dispensing Organization license by the Department of
Financial and Professional Regulation pursuant to Section
15-37 of the Cannabis Regulation and Tax Act.
(Source: P.A. 101-363, eff. 8-9-19.)
(410 ILCS 130/60)
Sec. 60. Issuance of registry identification cards.
(a) Except as provided in subsection (b), the Department
of Public Health shall:
(1) verify the information contained in an application
or renewal for a registry identification card submitted
under this Act, and approve or deny an application or
renewal, within 90 days of receiving a completed
application or renewal application and all supporting
documentation specified in Section 55;
(2) issue registry identification cards to a
qualifying patient and his or her designated caregiver, if
any, within 15 business days of approving the application

10400SB3222ham002 - 354 - LRB104 19119 BDA 38710 a
or renewal; and
(3) enter the registry identification number of the
registered dispensing organization the patient designates
into the verification system; and
(3) (4) allow for an electronic application process,
and provide a confirmation by electronic or other methods
that an application has been submitted.
Notwithstanding any other provision of this Act, the
Department of Public Health shall adopt rules for qualifying
patients and applicants with life-long debilitating medical
conditions, who may be charged annual renewal fees. The
Department of Public Health shall not require patients and
applicants with life-long debilitating medical conditions to
apply to renew registry identification cards.
(b) The Department of Public Health may not issue a
registry identification card to a qualifying patient who is
under 18 years of age, unless that patient suffers from
seizures, including those characteristic of epilepsy, or as
provided by administrative rule. The Department of Public
Health shall adopt rules for the issuance of a registry
identification card for qualifying patients who are under 18
years of age and suffering from seizures, including those
characteristic of epilepsy. The Department of Public Health
may adopt rules to allow other individuals under 18 years of
age to become registered qualifying patients under this Act
with the consent of a parent or legal guardian. Registered

10400SB3222ham002 - 355 - LRB104 19119 BDA 38710 a
qualifying patients under 18 years of age shall be prohibited
from consuming forms of cannabis other than medical cannabis
infused products and purchasing any usable cannabis.
(c) A veteran who has received treatment at a VA hospital
is deemed to have a bona fide health care professional-patient
relationship with a VA certifying health care professional if
the patient has been seen for his or her debilitating medical
condition at the VA hospital in accordance with VA hospital
protocols. All reasonable inferences regarding the existence
of a bona fide health care professional-patient relationship
shall be drawn in favor of an applicant who is a veteran and
has undergone treatment at a VA hospital.
(c-10) An individual who submits an application as someone
who is terminally ill shall have all fees waived. The
Department of Public Health shall within 30 days after this
amendatory Act of the 99th General Assembly adopt emergency
rules to expedite approval for terminally ill individuals.
These rules shall include, but not be limited to, rules that
provide that applications by individuals with terminal
illnesses shall be approved or denied within 14 days of their
submission.
(d) No later than 6 months after the effective date of this
amendatory Act of the 101st General Assembly, the Secretary of
State shall remove all existing notations on driving records
that the person is a registered qualifying patient or his or
her caregiver under this Act.

10400SB3222ham002 - 356 - LRB104 19119 BDA 38710 a
(e) Upon the approval of the registration and issuance of
a registry card under this Section, the Department of Public
Health shall electronically forward the registered qualifying
patient's identification card information to the Prescription
Monitoring Program established under the Illinois Controlled
Substances Act and certify that the individual is permitted to
engage in the medical use of cannabis. For the purposes of
patient care, the Prescription Monitoring Program shall make a
notation on the person's prescription record stating that the
person is a registered qualifying patient who is entitled to
the lawful medical use of cannabis. If the person no longer
holds a valid registry card, the Department of Public Health
shall notify the Prescription Monitoring Program and
Department of Human Services to remove the notation from the
person's record. The Department of Human Services and the
Prescription Monitoring Program shall establish a system by
which the information may be shared electronically. This
confidential list may not be combined or linked in any manner
with any other list or database except as provided in this
Section.
(f) (Blank).
(g) Identifying information of registered qualifying
patients is confidential and may not be combined or linked in
any manner with any other list or database, except (i) as
provided in this Section, (ii) to support the statutory
purpose of the Adult Use Cannabis Health Advisory Committee,

10400SB3222ham002 - 357 - LRB104 19119 BDA 38710 a
the Medical Cannabis Advisory Board, the Illinois Department
of Public Health, or the Illinois Department of Human
Services, or (iii) to support other medical research into the
effects of medical cannabis, so long as the data are readily
available, the requesting organization has standing as a
research institution, the research is approved by the
Department's Institutional Review Board and is compliant with
data governance, privacy regulations, including 45 CFR
164.512(i), as applicable, and other requirements as
determined by the Department, and the identifying information
of registered qualifying patients is removed after being used
to match with other datasets. All research must protect and
maintain the anonymity of medical cannabis patients and shall
include only data related to patients who submitted initial
applications after the effective date of this amendatory Act
of the 104th General Assembly.
(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19;
101-593, eff. 12-4-19.)
(410 ILCS 130/62)
Sec. 62. Opioid Alternative Patient Pilot Program.
(a) The Department of Public Health shall establish the
Opioid Alternative Patient Pilot Program. Licensed dispensing
organizations shall allow persons with a written certification
from a certifying health care professional under Section 36 to
purchase medical cannabis upon enrollment in the Opioid

10400SB3222ham002 - 358 - LRB104 19119 BDA 38710 a
Alternative Patient Pilot Program. The Department of Public
Health shall adopt rules or establish procedures allowing
qualified veterans to participate in the Opioid Alternative
Patient Pilot Program. For a person to receive medical
cannabis under this Section, the person must present the
written certification along with a valid driver's license or
state identification card to the licensed dispensing
organization specified in his or her application. The
dispensing organization shall verify the person's status as an
Opioid Alternative Patient Pilot Program participant through
the Department of Public Health's online verification system.
(b) The Opioid Alternative Patient Pilot Program shall be
limited to participation by Illinois residents age 21 and
older.
(c) The Department of Financial and Professional
Regulation shall specify that all licensed dispensing
organizations participating in the Opioid Alternative Patient
Pilot Program use the Illinois Cannabis Tracking System. The
Department of Public Health shall establish and maintain the
Illinois Cannabis Tracking System. The Illinois Cannabis
Tracking System shall be used to collect information about all
persons participating in the Opioid Alternative Patient Pilot
Program and shall be used to track the sale of medical cannabis
for verification purposes.
Each dispensing organization shall retain a copy of the
Opioid Alternative Patient Pilot Program certification and

10400SB3222ham002 - 359 - LRB104 19119 BDA 38710 a
other identifying information as required by the Department of
Financial and Professional Regulation, the Department of
Public Health, and the Illinois State Police in the Illinois
Cannabis Tracking System.
The Illinois Cannabis Tracking System shall be accessible
to the Department of Financial and Professional Regulation,
Department of Public Health, Department of Agriculture, and
the Illinois State Police.
The Department of Financial and Professional Regulation in
collaboration with the Department of Public Health shall
specify the data requirements for the Opioid Alternative
Patient Pilot Program by licensed dispensing organizations;
including, but not limited to, the participant's full legal
name, address, and date of birth, date on which the Opioid
Alternative Patient Pilot Program certification was issued,
length of the participation in the Program, including the
start and end date to purchase medical cannabis, name of the
issuing physician, copy of the participant's current driver's
license or State identification card, and phone number.
The Illinois Cannabis Tracking System shall provide
verification of a person's participation in the Opioid
Alternative Patient Pilot Program for law enforcement at any
time and on any day.
(d) The certification for Opioid Alternative Patient Pilot
Program participant must be issued by a certifying health care
professional who is licensed to practice in Illinois under the

10400SB3222ham002 - 360 - LRB104 19119 BDA 38710 a
Medical Practice Act of 1987, the Nurse Practice Act, or the
Physician Assistant Practice Act of 1987 and who is in good
standing and holds a controlled substances license under
Article III of the Illinois Controlled Substances Act.
The certification for an Opioid Alternative Patient Pilot
Program participant shall be written within 90 days before the
participant submits his or her certification to the dispensing
organization.
The written certification uploaded to the Illinois
Cannabis Tracking System shall be accessible to the Department
of Public Health.
(e) Upon verification of the individual's valid
certification and enrollment in the Illinois Cannabis Tracking
System, the dispensing organization may dispense the medical
cannabis, in amounts not exceeding 2.5 ounces of medical
cannabis per 14-day period to the participant at the
participant's specified dispensary for no more than 90 days.
An Opioid Alternative Patient Pilot Program participant
shall not be registered as a medical cannabis cardholder. The
dispensing organization shall verify that the person is not an
active registered qualifying patient prior to enrollment in
the Opioid Alternative Patient Pilot Program and each time
medical cannabis is dispensed.
Upon receipt of a written certification under the Opioid
Alternative Patient Pilot Program, the Department of Public
Health shall electronically forward the patient's

10400SB3222ham002 - 361 - LRB104 19119 BDA 38710 a
identification information to the Prescription Monitoring
Program established under the Illinois Controlled Substances
Act and certify that the individual is permitted to engage in
the medical use of cannabis. For the purposes of patient care,
the Prescription Monitoring Program shall make a notation on
the person's prescription record stating that the person has a
written certification under the Opioid Alternative Patient
Pilot Program and is a patient who is entitled to the lawful
medical use of cannabis. If the person is no longer authorized
to engage in the medical use of cannabis, the Department of
Public Health shall notify the Prescription Monitoring Program
and Department of Human Services to remove the notation from
the person's record. The Department of Human Services and the
Prescription Monitoring Program shall establish a system by
which the information may be shared electronically. This
confidential list may not be combined or linked in any manner
with any other list or database except as provided in this
Section.
(e-5) The confidential list described in subsection (a) of
Section 150 may not be combined or linked in any manner with
any other list or database, except as provided in this
Section. The confidential list may be linked by the Department
of Public Health so long as the data are readily available, the
requesting organization has standing as a bona fide agent of
the Department of Public Health, the research is approved by
the Department's Institutional Review Board, and the research

10400SB3222ham002 - 362 - LRB104 19119 BDA 38710 a
is compliant with data governance, privacy, and other
requirements as determined by the Department. All research
must protect and maintain the anonymity of medical cannabis
patients and shall include only data related to patients who
have provided consent. The Department shall adopt rules to
define a bona fide agent, the application process,
confidentiality protections, and any other requirements it
deems necessary for the implementation of this Section.
(f) An Opioid Alternative Patient Pilot Program
participant shall not be considered a qualifying patient with
a debilitating medical condition under this Act and shall be
provided access to medical cannabis solely for the duration of
the participant's certification. Nothing in this Section shall
be construed to limit or prohibit an Opioid Alternative
Patient Pilot Program participant who has a debilitating
medical condition from applying to the Compassionate Use of
Medical Cannabis Program.
(g) A person with a provisional registration under Section
55 shall not be considered an Opioid Alternative Patient Pilot
Program participant.
(h) (Blank). The Department of Financial and Professional
Regulation and the Department of Public Health shall submit
emergency rulemaking to implement the changes made by this
amendatory Act of the 100th General Assembly by December 1,
2018. The Department of Financial and Professional Regulation,
the Department of Agriculture, the Department of Human

10400SB3222ham002 - 363 - LRB104 19119 BDA 38710 a
Services, the Department of Public Health, and the Illinois
State Police shall utilize emergency purchase authority for 12
months after the effective date of this amendatory Act of the
100th General Assembly for the purpose of implementing the
changes made by this amendatory Act of the 100th General
Assembly.
(i) Dispensing organizations are not authorized to
dispense medical cannabis to Opioid Alternative Patient Pilot
Program participants until administrative rules are approved
by the Joint Committee on Administrative Rules and go into
effect.
(j) (Blank). The provisions of this Section are
inoperative on and after July 1, 2025.
(Source: P.A. 101-363, eff. 8-9-19; 102-16, eff. 6-17-21.)
(410 ILCS 130/70)
Sec. 70. Registry identification cards.
(a) A registered qualifying patient or designated
caregiver must keep their registry identification card in his
or her possession at all times when engaging in the medical use
of cannabis.
(b) Registry identification cards shall contain the
following:
(1) the name of the cardholder;
(2) a designation of whether the cardholder is a
designated caregiver or qualifying patient;

10400SB3222ham002 - 364 - LRB104 19119 BDA 38710 a
(3) the date of issuance and expiration date of the
registry identification card;
(4) a random alphanumeric identification number that
is unique to the cardholder;
(5) if the cardholder is a designated caregiver, the
random alphanumeric identification number of the
registered qualifying patient the designated caregiver is
receiving the registry identification card to assist; and
(6) a photograph of the cardholder, if required by
Department of Public Health rules.
(c) To maintain a valid registration identification card,
a registered qualifying patient and designated caregiver must
annually resubmit, at least 45 days prior to the expiration
date stated on the registry identification card, a completed
renewal application, renewal fee, and accompanying
documentation as described in Department of Public Health
rules. The Department of Public Health shall send a
notification to a registered qualifying patient or registered
designated caregiver 90 days prior to the expiration of the
registered qualifying patient's or registered designated
caregiver's identification card. If the Department of Public
Health fails to grant or deny a renewal application received
in accordance with this Section, then the renewal is deemed
granted and the registered qualifying patient or registered
designated caregiver may continue to use the expired
identification card until the Department of Public Health

10400SB3222ham002 - 365 - LRB104 19119 BDA 38710 a
denies the renewal or issues a new identification card.
(d) Except as otherwise provided in this Section, the
expiration date is 3 years after the date of issuance.
(e) The Department of Public Health may electronically
store in the card any or all of the information listed in
subsection (b), along with the address and date of birth of the
cardholder and the qualifying patient's designated dispensary
organization, to allow it to be read by law enforcement
agents.
(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
(410 ILCS 130/75)
Sec. 75. Notifications to Department of Public Health and
responses; civil penalty.
(a) The following notifications and Department of Public
Health responses are required:
(1) A registered qualifying patient or Opioid
Alternative Patient Program participant shall notify the
Department of Public Health of any change in his or her
name or address, or if the registered qualifying patient
ceases to have his or her debilitating medical condition,
within 10 days of the change.
(2) A registered designated caregiver shall notify the
Department of Public Health of any change in his or her
name or address, or if the designated caregiver becomes
aware the registered qualifying patient passed away,

10400SB3222ham002 - 366 - LRB104 19119 BDA 38710 a
within 10 days of the change.
(3) Before a registered qualifying patient changes his
or her designated caregiver, the qualifying patient must
notify the Department of Public Health.
(4) (Blank). If a cardholder loses his or her registry
identification card, he or she shall notify the Department
within 10 days of becoming aware the card has been lost.
(b) When a cardholder notifies the Department of Public
Health of items listed in subsection (a), but remains eligible
under this Act, the Department of Public Health shall issue
the cardholder a new registry identification card with a new
random alphanumeric identification number within 15 business
days of receiving the updated information and a fee as
specified in Department of Public Health rules. If the person
notifying the Department of Public Health is a registered
qualifying patient, the Department shall also issue his or her
registered designated caregiver, if any, a new registry
identification card within 15 business days of receiving the
updated information.
(c) If a registered qualifying patient ceases to be a
registered qualifying patient or changes his or her registered
designated caregiver, the Department of Public Health shall
promptly notify the designated caregiver. The registered
designated caregiver's protections under this Act as to that
qualifying patient shall expire 15 days after notification by
the Department.

10400SB3222ham002 - 367 - LRB104 19119 BDA 38710 a
(d) A cardholder who fails to make a notification to the
Department of Public Health that is required by this Section
is subject to a civil infraction, punishable by a penalty of no
more than $150.
(e) (Blank). A registered qualifying patient shall notify
the Department of Public Health of any change to his or her
designated registered dispensing organization. The Department
of Public Health shall provide for immediate changes of a
registered qualifying patient's designated registered
dispensing organization. Registered dispensing organizations
must comply with all requirements of this Act.
(f) If the registered qualifying patient's certifying
health care professional notifies the Department in writing
that either the registered qualifying patient or Opioid
Alternative Patient Program participant has ceased to suffer
from a debilitating medical condition, that the bona fide
health care professional-patient relationship has terminated,
or that continued use of medical cannabis would result in
contraindication with the patient's other medication, the card
shall become null and void. However, the registered qualifying
patient shall have 15 days to destroy his or her remaining
medical cannabis and related paraphernalia.
(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
(410 ILCS 130/85)
Sec. 85. Issuance and denial of medical cannabis

10400SB3222ham002 - 368 - LRB104 19119 BDA 38710 a
cultivation permit.
(a) The Department of Agriculture may register up to 22
cultivation center registrations for operation. The Department
of Agriculture may not issue more than one registration per
each Illinois State Police District boundary as specified on
the date of January 1, 2013. The Department of Agriculture may
not issue less than the 22 registrations if there are
qualified applicants who have applied with the Department.
(b) The registrations shall be issued and renewed annually
as determined by administrative rule.
(c) The Department of Agriculture shall determine a
registration fee by rule.
(d) A cultivation center may only operate if it has been
issued a valid registration from the Department of
Agriculture. When applying for a cultivation center
registration, the applicant shall submit the following in
accordance with Department of Agriculture rules:
(1) the proposed legal name of the cultivation center;
(2) the proposed physical address of the cultivation
center and description of the enclosed, locked facility as
it applies to cultivation centers where medical cannabis
will be grown, harvested, manufactured, packaged, or
otherwise prepared for distribution to a dispensing
organization;
(3) the name, address, and date of birth of each
principal officer and board member of the cultivation

10400SB3222ham002 - 369 - LRB104 19119 BDA 38710 a
center, provided that all those individuals shall be at
least 21 years of age;
(4) any instance in which a business that any of the
prospective board members of the cultivation center had
managed or served on the board of the business and was
convicted, fined, censured, or had a registration or
license suspended or revoked in any administrative or
judicial proceeding;
(5) cultivation, inventory, and packaging plans;
(6) proposed operating by-laws that include procedures
for the oversight of the cultivation center, development
and implementation of a plant monitoring system, medical
cannabis container tracking system, accurate record
keeping, staffing plan, and security plan reviewed by the
Illinois State Police that are in accordance with the
rules issued by the Department of Agriculture under this
Act. A physical inventory shall be performed of all plants
and medical cannabis containers on a weekly basis;
(7) experience with agricultural cultivation
techniques and industry standards;
(8) any academic degrees, certifications, or relevant
experience with related businesses;
(9) the identity of every person, association, trust,
or corporation having any direct or indirect pecuniary
interest in the cultivation center operation with respect
to which the registration is sought. If the disclosed

10400SB3222ham002 - 370 - LRB104 19119 BDA 38710 a
entity is a trust, the application shall disclose the
names and addresses of the beneficiaries; if a
corporation, the names and addresses of all stockholders
and directors; if a partnership, the names and addresses
of all partners, both general and limited;
(10) verification from the Illinois State Police that
all background checks of the principal officer, board
members, and registered agents have been conducted and
those individuals have not been convicted of an excluded
offense;
(11) provide a copy of the current local zoning
ordinance to the Department of Agriculture and verify that
proposed cultivation center is in compliance with the
local zoning rules issued in accordance with Section 140;
(12) an application fee set by the Department of
Agriculture by rule; and
(13) any other information required by Department of
Agriculture rules, including, but not limited to a
cultivation center applicant's experience with the
cultivation of agricultural or horticultural products,
operating an agriculturally related business, or operating
a horticultural business.
(e) An application for a cultivation center permit must be
denied if any of the following conditions are met:
(1) the applicant failed to submit the materials
required by this Section, including if the applicant's

10400SB3222ham002 - 371 - LRB104 19119 BDA 38710 a
plans do not satisfy the security, oversight, inventory,
or recordkeeping rules issued by the Department of
Agriculture;
(2) the applicant would not be in compliance with
local zoning rules issued in accordance with Section 140;
(3) (blank); one or more of the prospective principal
officers or board members has been convicted of an
excluded offense;
(4) one or more of the prospective principal officers
or board members has served as a principal officer or
board member for a registered dispensing organization or
cultivation center that has had its registration revoked;
(5) one or more of the principal officers or board
members is under 21 years of age;
(6) (blank); a principal officer or board member of
the cultivation center has been convicted of a felony
under the laws of this State, any other state, or the
United States;
(7) (blank); or a principal officer or board member of
the cultivation center has been convicted of any violation
of Article 28 of the Criminal Code of 2012, or
substantially similar laws of any other jurisdiction; or
(8) the person has submitted an application for a
certificate under this Act which contains false
information.
(Source: P.A. 102-538, eff. 8-20-21.)

10400SB3222ham002 - 372 - LRB104 19119 BDA 38710 a
(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
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

10400SB3222ham002 - 373 - LRB104 19119 BDA 38710 a
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 Illinois State Police and the Department of
Agriculture immediately upon discovery of the loss.
(f) (Blank). An applicant shall be denied a cultivation
center agent identification card if he or she has been
convicted of an excluded offense.
(g) An agent applicant may begin employment at a
cultivation center while the agent applicant's identification
card application is pending. Upon approval, the Department
shall issue the agent's identification card to the agent. If
denied, the cultivation center and the agent applicant shall
be notified and the agent applicant must cease all activity at
the cultivation center immediately.
(Source: P.A. 102-98, eff. 7-15-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(410 ILCS 130/105)
Sec. 105. Requirements; prohibitions; penalties for

10400SB3222ham002 - 374 - LRB104 19119 BDA 38710 a
cultivation centers.
(a) The operating documents of a registered cultivation
center shall include procedures for the oversight of the
cultivation center, a cannabis plant monitoring system
including a physical inventory recorded weekly, a cannabis
container system including a physical inventory recorded
weekly, accurate record keeping, and a staffing plan.
(b) A registered cultivation center shall implement a
security plan reviewed by the Illinois State Police and
including but not limited to: facility access controls,
perimeter intrusion detection systems, personnel
identification systems, 24-hour surveillance system to monitor
the interior and exterior of the registered cultivation center
facility and accessible to authorized law enforcement and the
Department of Agriculture in real-time.
(c) A registered cultivation center may not be located
within 2,500 feet of the property line of a pre-existing
public or private preschool or elementary or secondary school
or day care center, day care home, group day care home, part
day child care facility, or an area zoned for residential use.
(d) All cultivation of cannabis for distribution to a
registered dispensing organization must take place in an
enclosed, locked facility as it applies to cultivation centers
at the physical address provided to the Department of
Agriculture during the registration process. The cultivation
center location shall only be accessed by the cultivation

10400SB3222ham002 - 375 - LRB104 19119 BDA 38710 a
center agents working for the registered cultivation center,
Department of Agriculture staff performing inspections,
Department of Public Health staff performing inspections, law
enforcement or other emergency personnel, and contractors
working on jobs unrelated to medical cannabis, such as
installing or maintaining security devices or performing
electrical wiring.
(e) A cultivation center may not sell or distribute any
cannabis to any individual or entity other than another
cultivation center, a dispensing organization registered under
this Act, or a laboratory licensed by the Department of
Agriculture.
(f) All harvested cannabis intended for distribution to a
dispensing organization must be packaged in a labeled medical
cannabis container and entered into a data collection system.
(g) (Blank). No person who has been convicted of an
excluded offense may be a cultivation center agent.
(h) Registered cultivation centers are subject to random
inspection by the Illinois State Police.
(i) Registered cultivation centers are subject to random
inspections by the Department of Agriculture and the
Department of Public Health.
(j) A cultivation center agent shall notify local law
enforcement, the Illinois State Police, and the Department of
Agriculture within 24 hours of the discovery of any loss or
theft. Notification shall be made by phone or in-person, or by

10400SB3222ham002 - 376 - LRB104 19119 BDA 38710 a
written or electronic communication.
(k) A cultivation center shall comply with all State and
federal rules and regulations regarding the use of pesticides.
(Source: P.A. 101-363, eff. 8-9-19; 102-538, eff. 8-20-21.)
(410 ILCS 130/115)
Sec. 115. Dispensing Registration of dispensing
organizations. A dispensing organization may only operate if
it has been issued a dispensing organization license from the
Department of Financial and Professional Regulation, including
an Early Approval Adult Use Dispensing Organization at a
Same-Site License, an Adult Use Dispensing Organization
License, or a Medical Cannabis Dispensing Organization
License. If a dispensing organization holds both an Adult Use
Dispensing Organization License and a corresponding Medical
Cannabis Dispensing Organization License, the dispensing
organization shall correspondingly adhere to the provisions of
this Act, any administrative rules pursuant to this Act, the
Cannabis Regulation and Tax Act, and any administrative rules
adopted pursuant to the Cannabis Regulation and Tax Act.
(a) The Department of Financial and Professional
Regulation may issue up to 60 dispensing organization
registrations for operation. The Department of Financial and
Professional Regulation may not issue less than the 60
registrations if there are qualified applicants who have
applied with the Department of Financial and Professional

10400SB3222ham002 - 377 - LRB104 19119 BDA 38710 a
Regulation. The organizations shall be geographically
dispersed throughout the State to allow all registered
qualifying patients reasonable proximity and access to a
dispensing organization.
(a-5) The Department of Financial and Professional
Regulation shall adopt rules to create a registration process
for Social Equity Justice Involved Applicants and Qualifying
Applicants, a streamlined application, and a Social Equity
Justice Involved Medical Lottery under Section 115.5 to issue
the remaining available 5 dispensing organization
registrations for operation. For purposes of this Section:
"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

10400SB3222ham002 - 378 - LRB104 19119 BDA 38710 a
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 sale, possession, use,
cultivation, manufacture, or transport of cannabis.
"Qualifying Applicant" means an applicant that: (i)
submitted an application pursuant to Section 15-30 of the
Cannabis Regulation and Tax Act that received at least 85% of
250 application points available under Section 15-30 of the
Cannabis Regulation and Tax Act as the applicant's final
score; (ii) received points at the conclusion of the scoring
process for meeting the definition of a "Social Equity
Applicant" as set forth under the Cannabis Regulation and Tax
Act; and (iii) is an applicant that did not receive a
Conditional Adult Use Dispensing Organization License through
a Qualifying Applicant Lottery pursuant to Section 15-35 of
the Cannabis Regulation and Tax Act or any Tied Applicant
Lottery conducted under the Cannabis Regulation and Tax Act.
"Social Equity Justice Involved Applicant" means an
applicant that is an Illinois resident and one of the
following:
(1) an applicant with at least 51% ownership and

10400SB3222ham002 - 379 - LRB104 19119 BDA 38710 a
control by one or more individuals who have resided for at
least 5 of the preceding 10 years in a Disproportionately
Impacted Area;
(2) an applicant with at least 51% of ownership and
control by one or more individuals who have been arrested
for, convicted of, or adjudicated delinquent for any
offense that is eligible for expungement under subsection
(i) of Section 5.2 of the Criminal Identification Act; or
(3) an applicant with at least 51% ownership and
control by one or more members of an impacted family.
(b) A dispensing organization may only operate if it has
been issued a registration from the Department of Financial
and Professional Regulation. The Department of Financial and
Professional Regulation shall adopt rules establishing the
procedures for applicants for dispensing organizations.
(c) When applying for a dispensing organization
registration, the applicant shall submit, at a minimum, the
following in accordance with Department of Financial and
Professional Regulation rules:
(1) a non-refundable application fee established by
rule;
(2) the proposed legal name of the dispensing
organization;
(3) the proposed physical address of the dispensing
organization;
(4) the name, address, and date of birth of each

10400SB3222ham002 - 380 - LRB104 19119 BDA 38710 a
principal officer and board member of the dispensing
organization, provided that all those individuals shall be
at least 21 years of age;
(5) (blank);
(6) (blank); and
(7) (blank).
(d) The Department of Financial and Professional
Regulation shall conduct a background check of the prospective
dispensing organization agents in order to carry out this
Section. The Department of State Police shall charge a fee for
conducting the criminal history record check, which shall be
deposited in the State Police Services Fund and shall not
exceed the actual cost of the record check. 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 Investigation criminal history records databases.
The Department of State Police shall furnish, following
positive identification, all Illinois conviction information
to the Department of Financial and Professional Regulation.
(e) A dispensing organization must pay a registration fee
set by the Department of Financial and Professional
Regulation.

10400SB3222ham002 - 381 - LRB104 19119 BDA 38710 a
(f) An application for a medical cannabis dispensing
organization registration must be denied if any of the
following conditions are met:
(1) the applicant failed to submit the materials
required by this Section, including if the applicant's
plans do not satisfy the security, oversight, or
recordkeeping rules issued by the Department of Financial
and Professional Regulation;
(2) the applicant would not be in compliance with
local zoning rules issued in accordance with Section 140;
(3) the applicant does not meet the requirements of
Section 130;
(4) one or more of the prospective principal officers
or board members has been convicted of an excluded
offense;
(5) one or more of the prospective principal officers
or board members has served as a principal officer or
board member for a registered medical cannabis dispensing
organization that has had its registration revoked; and
(6) one or more of the principal officers or board
members is under 21 years of age.
(Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.)
(410 ILCS 130/120)
Sec. 120. Dispensing organization agent identification
card.

10400SB3222ham002 - 382 - LRB104 19119 BDA 38710 a
(a) This Section does not apply to any dispensing
organization agents who are employed at any dispensing
organization issued an Adult Use Dispensing Organization
License and a corresponding Medical Cannabis Dispensing
Organization License under Section 15-37 of the Cannabis
Regulation and Tax Act.
(a-5) The Department of Financial and Professional
Regulation shall:
(1) verify the information contained in an application
or renewal for a dispensing organization agent
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 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; 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 dispensing agent must keep his or her identification
card visible at all times when on the property of a dispensing
organization.
(c) The dispensing organization agent identification cards

10400SB3222ham002 - 383 - LRB104 19119 BDA 38710 a
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 holder; 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) Any card lost by a dispensing organization agent shall
be reported to the Illinois State Police and the Department of
Financial and Professional Regulation immediately upon
discovery of the loss.
(f) (Blank) An applicant shall be denied a dispensing
organization agent identification card if he or she has been
convicted of an excluded offense.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
(410 ILCS 130/130)
Sec. 130. Requirements; prohibitions; penalties;
dispensing organizations.
(a) The Department of Financial and Professional
Regulation shall implement the provisions of this Section by
rule.

10400SB3222ham002 - 384 - LRB104 19119 BDA 38710 a
(b) A dispensing organization shall maintain operating
documents which shall include procedures for the oversight of
the registered dispensing organization and procedures to
ensure accurate recordkeeping.
(c) A dispensing organization shall implement appropriate
security measures, as provided by rule, to deter and prevent
the theft of cannabis and unauthorized entrance into areas
containing cannabis.
(d) A dispensing organization may not be located within
1,000 feet of the property line of a pre-existing public or
private preschool or elementary or secondary school or day
care center, day care home, group day care home, or part day
child care facility. A registered dispensing organization may
not be located in a house, apartment, condominium, or an area
zoned for residential use. This subsection shall not apply to
any dispensing organizations registered on or after July 1,
2019.
(e) A dispensing organization is prohibited from acquiring
cannabis from anyone other than a cultivation center, craft
grower, infuser organization processing organization, another
dispensing organization, or transporting organization licensed
or registered under this Act or the Cannabis Regulation and
Tax Act. A dispensing organization is prohibited from
obtaining cannabis from outside the State of Illinois.
(f) A registered dispensing organization is prohibited
from dispensing cannabis for any purpose except to assist

10400SB3222ham002 - 385 - LRB104 19119 BDA 38710 a
registered qualifying patients with the medical use of
cannabis directly or through the qualifying patients'
designated caregivers.
(g) The area in a dispensing organization where medical
cannabis is stored can only be accessed by dispensing
organization agents working for the dispensing organization,
Department of Financial and Professional Regulation staff
performing inspections, law enforcement or other emergency
personnel, and contractors working on jobs unrelated to
medical cannabis, such as installing or maintaining security
devices or performing electrical wiring.
(h) A dispensing organization may not dispense more than
an adequate medical supply 2.5 ounces of cannabis to a
registered qualifying patient, directly or via a designated
caregiver, in any 14-day period unless the qualifying patient
has a Department of Public Health-approved quantity waiver.
Any Department of Public Health-approved quantity waiver
process must be made available to qualified veterans.
(i) Except as provided in subsection (i-5), before medical
cannabis may be dispensed to a designated caregiver or a
registered qualifying patient, a dispensing organization agent
must determine that the individual is a current cardholder in
the verification system and must verify each of the following:
(1) that the registry identification card presented to
the registered dispensing organization is valid;
(2) that the person presenting the card is the person

10400SB3222ham002 - 386 - LRB104 19119 BDA 38710 a
identified on the registry identification card presented
to the dispensing organization agent;
(2.5) that the medical cannabis has the proper
labeling required under State and federal law;
(3) (blank); and
(4) that the registered qualifying patient has not
exceeded his or her adequate medical supply.
(i-5) A dispensing organization may dispense medical
cannabis to an Opioid Alternative Patient Pilot Program
participant under Section 62 and to a person presenting proof
of provisional registration under Section 55. Before
dispensing medical cannabis, the dispensing organization shall
comply with the requirements of Section 62 or Section 55,
whichever is applicable, and verify the following:
(1) that the written certification presented to the
registered dispensing organization is valid and an
original document;
(2) that the person presenting the written
certification is the person identified on the written
certification; and
(3) that the participant has not exceeded his or her
adequate supply.
(j) Dispensing organizations shall ensure compliance with
this limitation by maintaining internal, confidential records
that include records specifying how much medical cannabis is
dispensed to the registered qualifying patient and whether it

10400SB3222ham002 - 387 - LRB104 19119 BDA 38710 a
was dispensed directly to the registered qualifying patient or
to the designated caregiver. Each entry must include the date
and time the cannabis was dispensed. Additional recordkeeping
requirements may be set by rule.
(k) The health care professional-patient privilege as set
forth by Section 8-802 of the Code of Civil Procedure shall
apply between a qualifying patient and a registered dispensing
organization and its agents with respect to communications and
records concerning qualifying patients' debilitating
conditions.
(l) A dispensing organization may not permit any person to
consume cannabis on the property of a medical cannabis
organization.
(m) A dispensing organization may not share office space
with or refer patients to a certifying health care
professional.
(n) Notwithstanding any other criminal penalties related
to the unlawful possession of cannabis, the Department of
Financial and Professional Regulation may revoke, suspend,
place on probation, reprimand, refuse to issue or renew, or
take any other disciplinary or non-disciplinary action as the
Department of Financial and Professional Regulation may deem
proper with regard to the registration of any person issued
under this Act to operate a dispensing organization or act as a
dispensing organization agent, including imposing fines not to
exceed $10,000 for each violation, for any violations of this

10400SB3222ham002 - 388 - LRB104 19119 BDA 38710 a
Act and rules adopted in accordance with this Act. The
procedures for disciplining a registered dispensing
organization shall be determined by rule. All final
administrative decisions of the Department of Financial and
Professional Regulation are subject to judicial review under
the Administrative Review Law and its rules. The term
"administrative decision" is defined as in Section 3-101 of
the Code of Civil Procedure.
(o) Dispensing organizations are subject to random
inspection and cannabis testing by the Department of Financial
and Professional Regulation, the Illinois State Police, the
Department of Revenue, the Department of Public Health, the
Department of Agriculture, or as provided by rule.
(p) The Department of Financial and Professional
Regulation shall adopt rules permitting returns, and potential
refunds, for damaged or inadequate products.
(q) The Department of Financial and Professional
Regulation may issue nondisciplinary citations for minor
violations which may be accompanied by a civil penalty not to
exceed $10,000 per violation. The penalty shall be a civil
penalty or other condition as established by rule. The
citation shall be issued to the licensee and shall contain the
licensee's name, address, and license number, a brief factual
statement, the Sections of the law or rule allegedly violated,
and the civil penalty, if any, imposed. The citation must
clearly state that the licensee may choose, in lieu of

10400SB3222ham002 - 389 - LRB104 19119 BDA 38710 a
accepting the citation, to request a hearing. If the licensee
does not dispute the matter in the citation with the
Department of Financial and Professional Regulation within 30
days after the citation is served, then the citation shall
become final and shall not be subject to appeal.
(Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.)
(410 ILCS 130/145)
Sec. 145. Confidentiality.
(a) The following information received and records kept by
the Department of Public Health, Department of Financial and
Professional Regulation, Department of Agriculture, Department
of Commerce and Economic Opportunity, Office of the Executive
Inspector General, or Illinois State Police for purposes of
administering this Act are subject to all applicable federal
privacy laws, confidential, and exempt from the Freedom of
Information Act, and not subject to disclosure to any
individual or public or private entity, except as necessary
for authorized employees of those authorized agencies to
perform official duties under this Act and except as necessary
to those involved in enforcing the State Officials and
Employees Ethics Act, and the following information received
and records kept by Department of Public Health, Department of
Agriculture, Department of Commerce and Economic Opportunity,
Department of Financial and Professional Regulation, Office of
the Executive Inspector General, and Illinois State Police,

10400SB3222ham002 - 390 - LRB104 19119 BDA 38710 a
excluding any existing or non-existing Illinois or national
criminal history record information as defined in subsection
(d), may be disclosed to each other upon request:
(1) Applications and renewals, their contents, and
supporting information submitted by qualifying patients,
provisional patients, and designated caregivers, and
Opioid Alternative Patient Program participants, including
information regarding their designated caregivers and
certifying health care professionals.
(2) Applications and renewals, their contents, and
supporting information submitted by or on behalf of
cultivation centers and dispensing organizations in
compliance with this Act, including their physical
addresses. This does not preclude the release of ownership
information of cannabis business establishment licenses.
(3) The individual names and other information
identifying persons to whom the Department of Public
Health has issued registry identification cards.
(4) Any dispensing information required to be kept
under Section 135, Section 150, or Department of Public
Health, Department of Agriculture, or Department of
Financial and Professional Regulation rules shall identify
cardholders and registered cultivation centers by their
registry identification numbers and medical cannabis
dispensing organizations by their registration number and
not contain names or other personally identifying

10400SB3222ham002 - 391 - LRB104 19119 BDA 38710 a
information.
(5) All medical records provided to the Department of
Public Health in connection with an application for a
registry card.
(b) Nothing in this Section precludes the following:
(1) Department of Agriculture, Department of Financial
and Professional Regulation, or Public Health employees
may notify law enforcement about falsified or fraudulent
information submitted to the Departments if the employee
who suspects that falsified or fraudulent information has
been submitted conferred with his or her supervisor and
both agree that circumstances exist that warrant
reporting.
(2) If the employee conferred with his or her
supervisor and both agree that circumstances exist that
warrant reporting, Department of Public Health employees
may notify the Department of Financial and Professional
Regulation if there is reasonable cause to believe a
certifying health care professional:
(A) issued a written certification without a bona
fide health care professional-patient relationship
under this Act;
(B) issued a written certification to a person who
was not under the certifying health care
professional's care for the debilitating medical
condition; or

10400SB3222ham002 - 392 - LRB104 19119 BDA 38710 a
(C) failed to abide by the acceptable and
prevailing standard of care when evaluating a
patient's medical condition.
(3) The Department of Public Health, Department of
Agriculture, and Department of Financial and Professional
Regulation may notify State or local law enforcement about
apparent criminal violations of this Act if the employee
who suspects the offense has conferred with his or her
supervisor and both agree that circumstances exist that
warrant reporting.
(4) Medical cannabis cultivation center agents and
medical cannabis dispensing organizations may notify the
Department of Public Health, Department of Financial and
Professional Regulation, or Department of Agriculture of a
suspected violation or attempted violation of this Act or
the rules issued under it.
(5) Each Department may verify registry identification
cards under Section 150.
(6) The submission of the report to the General
Assembly under Section 160.
(b-5) Each Department responsible for licensure under this
Act shall publish on the Department's website a list of the
ownership information of cannabis business establishment
licensees under the Department's jurisdiction. The list shall
include, but shall not be limited to, the name of the person or
entity holding each cannabis business establishment license

10400SB3222ham002 - 393 - LRB104 19119 BDA 38710 a
and the address at which the entity is operating under this
Act. This list shall be published and updated monthly.
(c) (Blank). Except for any ownership information released
pursuant to subsection (b-5) or as otherwise authorized or
required by law, it is a Class B misdemeanor with a $1,000 fine
for any person, including an employee or official of the
Department of Public Health, Department of Financial and
Professional Regulation, or Department of Agriculture or
another State agency or local government, to breach the
confidentiality of information obtained under this Act.
(d) The Department of Public Health, the Department of
Agriculture, the Illinois State Police, and the Department of
Financial and Professional Regulation shall not share or
disclose any existing or non-existing Illinois or national
criminal history record information. For the purposes of this
Section, "any existing or non-existing Illinois or national
criminal history record information" means any Illinois or
national criminal history record information, including but
not limited to the lack of or non-existence of these records.
(Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(410 ILCS 130/150)
Sec. 150. Registry identification and registration
certificate verification.
(a) The Department of Public Health shall maintain a

10400SB3222ham002 - 394 - LRB104 19119 BDA 38710 a
confidential list of the persons to whom the Department of
Public Health has issued registry identification cards and
their addresses, phone numbers, and registry identification
numbers. This confidential list may not be combined or linked
in any manner with any other list or database except as
provided in this Section.
(b) Within 180 days of the effective date of this Act, the
Department of Public Health, Department of Financial and
Professional Regulation, and Department of Agriculture shall
together establish a computerized database or verification
system. The database or verification system must allow law
enforcement personnel and medical cannabis dispensary
organization agents to determine whether or not the
identification number corresponds with a current, valid
registry identification card. The system shall only disclose
whether the identification card is valid, whether the
cardholder is a registered qualifying patient, provisional
patient, or a registered designated caregiver, or Opioid
Alternative Patient Program participant the registry
identification number of the registered medical cannabis
dispensing organization designated to serve the registered
qualifying patient who holds the card, and the registry
identification number of the patient who is assisted by a
registered designated caregiver who holds the card. The
Department of Public Health, the Department of Agriculture,
the Illinois State Police, and the Department of Financial and

10400SB3222ham002 - 395 - LRB104 19119 BDA 38710 a
Professional Regulation shall not share or disclose any
existing or non-existing Illinois or national criminal history
record information. Notwithstanding any other requirements
established by this subsection, the Department of Public
Health shall issue registry cards to qualifying patients, the
Department of Financial and Professional Regulation may issue
registration cards to medical cannabis dispensing
organizations for the period during which the database is
being established, and the Department of Agriculture may issue
registration to medical cannabis cultivation organizations for
the period during which the database is being established.
(c) For the purposes of this Section, "any existing or
non-existing Illinois or national criminal history record
information" means any Illinois or national criminal history
record information, including but not limited to the lack of
or non-existence of these records.
(Source: P.A. 102-538, eff. 8-20-21.)
(410 ILCS 130/173)
Sec. 173. Conflicts of law. To the extent that any
provision of this Act conflicts with any Act that allows the
non-medical recreational use of cannabis, the provisions of
that Act shall control.
(Source: P.A. 101-363, eff. 8-9-19.)
(410 ILCS 130/195)

10400SB3222ham002 - 396 - LRB104 19119 BDA 38710 a
Sec. 195. Definitions. For the purposes of this Law:
"Cultivation center" has the meaning ascribed to that term
in the Compassionate Use of Medical Cannabis Program Act.
"Department" means the Department of Revenue.
"Dispensing organization" has the meaning ascribed to that
term in the Compassionate Use of Medical Cannabis Program Act.
"Gross receipts" means the total selling price, or the
amount of sale, as defined in this Article, except that, in the
case of charges and time sales, the amount thereof shall be
included only when payments are received by the cultivator of
medical cannabis, by a cultivator.
"Person" means an individual, partnership, corporation, or
public or private organization.
"Qualifying patient" means a qualifying patient registered
under the Compassionate Use of Medical Cannabis Program Act.
"Selling price" or "amount of sale" means the
consideration for a sale valued in money, whether received in
money or otherwise, including cash, credits, property, or
services, determined without any deduction on account of the
cost of the property sold, the cost of materials used, labor or
service cost, or any other expense whatsoever. "Selling price"
or "amount of sale" does not include separately stated charges
identified on the invoice by cultivators to reimburse
themselves for their tax liability.
(Source: P.A. 101-363, eff. 8-9-19.)

10400SB3222ham002 - 397 - LRB104 19119 BDA 38710 a
(410 ILCS 130/200)
Sec. 200. Tax imposed.
(a) Beginning on January 1, 2014 and through June 30, 2026
the effective date of this Act, a tax is imposed upon the
privilege of cultivating medical cannabis at a rate of 7% of
the sales price per ounce. Beginning July 1, 2026, a tax is
imposed on the privilege of cultivating medical cannabis at
the rate of 7% of the gross receipts from the first sale of
medical cannabis by a cultivator. The sale of any product that
contains any amount of medical cannabis or any derivative
thereof is subject to the tax under this Section on the full
selling price of the product. The Department may determine the
selling price of the medical cannabis when the seller and
purchaser are affiliated persons or when the sale and purchase
of medical cannabis is not an arm's length transaction and a
value is not established for the medical cannabis. The value
determined by the Department shall be commensurate with the
actual price received for products of like quality, character,
and use in the area. If there are no sales of medical cannabis
of like quality, character, and use in the area, then the
Department shall establish a reasonable value based on sales
of products of like quality, character, and use in the other
areas of the State, taking into consideration any other
relevant factors. The proceeds from this tax shall be
deposited into the Compassionate Use of Medical Cannabis Fund
created under the Compassionate Use of Medical Cannabis

10400SB3222ham002 - 398 - LRB104 19119 BDA 38710 a
Program Act. This tax shall be paid by a cultivation center and
is not the responsibility of a dispensing organization or a
qualifying patient.
(b) The tax imposed under this Act shall be in addition to
all other occupation or privilege taxes imposed by the State
of Illinois or by any municipal corporation or political
subdivision thereof.
(Source: P.A. 101-363, eff. 8-9-19.)
(410 ILCS 130/210)
Sec. 210. Returns.
(a) This subsection (a) applies to returns due on or
before the effective date of this amendatory Act of the 101st
General Assembly. On or before the twentieth day of each
calendar month, every person subject to the tax imposed under
this Law during the preceding calendar month shall file a
return with the Department, stating:
(1) The name of the taxpayer;
(2) The number of ounces of medical cannabis sold to a
dispensing organization or a registered qualifying patient
during the preceding calendar month;
(3) The amount of tax due;
(4) The signature of the taxpayer; and
(5) Such other reasonable information as the
Department may require.
If a taxpayer fails to sign a return within 30 days after

10400SB3222ham002 - 399 - LRB104 19119 BDA 38710 a
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to be
due on the return shall be deemed assessed.
The taxpayer shall remit the amount of the tax due to the
Department at the time the taxpayer files his or her return.
(b) Beginning on the effective date of this amendatory Act
of the 101st General Assembly, Section 60-20 65-20 of the
Cannabis Regulation and Tax Act shall apply to returns filed
and taxes paid under this Act to the same extent as if those
provisions were set forth in full in this Section.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 130/115.5 rep.)
Section 160. The Compassionate Use of Medical Cannabis
Program Act is amended by repealing Section 115.5.
Section 165. The Cannabis Regulation and Tax Act is
amended by changing Sections 1-10, 7-10, 7-15, 7-20, 10-10,
10-15, 15-10, 15-15, 15-20, 15-25, 15-35, 15-35.10, 15-36,
15-40, 15-45, 15-70, 15-85, 15-100, 15-135, 15-145, 15-155,
20-10, 20-15, 20-30, 20-35, 20-45, 25-35, 30-10, 30-30, 30-35,
30-45, 35-25, 35-30, 35-40, 40-5, 40-25, 40-30, 45-5, 50-5,
55-5, 55-21, 55-30, 55-65, 55-85, 60-5, 60-10, 65-5, 65-10,
65-30, 65-38, and 65-42 and by adding Sections 15-24, 15-37,
20-60, 35-18, 40-50, and 55-22 as follows:

10400SB3222ham002 - 400 - LRB104 19119 BDA 38710 a
(410 ILCS 705/1-10)
Sec. 1-10. Definitions. In this Act:
"Adequate medical supply" means 2.5 ounces of usable
cannabis during a period of 14 days that is derived solely from
an intrastate source. Subject to the rules of the Department
of Public Health, a patient may apply for a waiver in which a
certifying health care professional provides a substantial
medical basis in a signed, written statement asserting that,
based on the patient's medical history, in the certifying
health care professional's professional judgment, 2.5 ounces
is an insufficient adequate medical supply for a 14-day period
to properly alleviate the patient's debilitating medical
condition or symptoms associated with the debilitating medical
condition. This definition may not be construed to authorize
the possession of more than 2.5 ounces at any time without
authority from the Department of Public Health. The pre-mixed
weight of medical cannabis used in making a cannabis-infused
product shall apply toward the limit on the total amount of
medical cannabis a registered qualifying patient may possess
at any one time.
"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

10400SB3222ham002 - 401 - LRB104 19119 BDA 38710 a
Regulation that permits a person to act as a dispensing
organization under this Act and any administrative rule made
in furtherance of this Act.
"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.
"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.
"By lot" means a randomized method of choosing between 2
or more Eligible Tied Applicants or 2 or more Qualifying
Applicants.

10400SB3222ham002 - 402 - LRB104 19119 BDA 38710 a
"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
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 and does not include hemp, industrial
hemp, or final consumer hemp cannabinoid products as defined
under the Illinois 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

10400SB3222ham002 - 403 - LRB104 19119 BDA 38710 a
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 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,

10400SB3222ham002 - 404 - LRB104 19119 BDA 38710 a
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
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 infuser processing
organization and that is available to the Department of
Revenue, the Department of Agriculture, the Department of
Financial and Professional Regulation, and the Illinois 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 licensed
registered by the Department of Agriculture to test cannabis
for potency and contaminants. Licensed cannabis testing
facilities are authorized under this Act to transport cannabis
from cannabis business establishments to the licensed cannabis
testing facility and are exempt from the transporting
organization license requirements.
"Cannabis transporter storage site" or "storage site"
means a secure, physical, nonretail facility operated by an
eligible transporter that is not affiliated with another
cannabis business establishment. "Cannabis transporter storage

10400SB3222ham002 - 405 - LRB104 19119 BDA 38710 a
site" or "storage site" includes a facility that an eligible
transporter may use to transfer, temporarily store, or both
transfer and temporarily store cannabis and cannabis infused
products in accordance with this Act and rules adopted under
it.
"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
identifies a person as a Community College Cannabis Vocational
Training Pilot Program faculty participant.
"Conditional Adult Use Dispensing Organization License"
means a contingent license awarded to 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

10400SB3222ham002 - 406 - LRB104 19119 BDA 38710 a
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 an infuser a
processing organization. A craft grower may contain up to
14,000 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 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 an infuser a processing organization or a
dispensing organization, or both, provided each licensee
stores currency and cannabis or cannabis-infused products in a

10400SB3222ham002 - 407 - LRB104 19119 BDA 38710 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
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.
"Designated caregiver" means a person who assists no more
than one registered qualifying patient with the patient's
medical use of cannabis, except the parent or legal guardian
of a registered qualifying patient may assist each of their

10400SB3222ham002 - 408 - LRB104 19119 BDA 38710 a
children who are registered qualifying patients.
"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" or "dispensary" 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, or
infuser processing organization licensed by the Department of
Agriculture, or another dispensary licensed by the Department
of Financial and Professional Regulation, 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" or "dispensary" 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 or Early Approval Adult Use Dispensing Organization
License at a Secondary Site, or an entity that has obtained a
Medical Cannabis Dispensing Organization License under Section
15-37 of this Act.

10400SB3222ham002 - 409 - LRB104 19119 BDA 38710 a
"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
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

10400SB3222ham002 - 410 - LRB104 19119 BDA 38710 a
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,
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

10400SB3222ham002 - 411 - LRB104 19119 BDA 38710 a
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
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

10400SB3222ham002 - 412 - LRB104 19119 BDA 38710 a
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
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.
"Infuser organization agent" means a principal officer,

10400SB3222ham002 - 413 - LRB104 19119 BDA 38710 a
board member, employee, or other agent of an infuser
organization.
"Infuser organization agent identification card" means a
document issued by the Department of Agriculture that
identifies a person as an infuser organization agent.
"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
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

10400SB3222ham002 - 414 - LRB104 19119 BDA 38710 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 Patient Pilot Program participants licensed
pursuant to the Compassionate Use of Medical Cannabis Program
Act are also permitted at the dispensary, registered
qualifying patients, caregivers, provisional patients, and
Opioid Alternative Patient Pilot Program participants.
"Medical cannabis dispensing organization license" means a
license issued to an entity holding an Adult Use Dispensing
Organization License enabling the license holder to acquire
cannabis or cannabis-infused products from a registered
cultivation center, craft grower, infuser organization, or
transporting organization for the purpose of dispensing
cannabis, cannabis-infused products, paraphernalia, or related
supplies and educational materials to registered qualifying
patients, provisional patients, designated caregivers, and
Opioid Alternative Patient Program participants.
"Member of an impacted family" means an individual who has

10400SB3222ham002 - 415 - LRB104 19119 BDA 38710 a
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.
"Opioid Alternative Patient Program participant" means an
individual who has received a valid written certification to
participate in the Opioid Alternative Patient Program for a
medical condition for which an opioid has been or could be
prescribed by a certifying health care professional based on
generally accepted standards of care.
"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,

10400SB3222ham002 - 416 - LRB104 19119 BDA 38710 a
association, joint stock company, joint venture, public or
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, designated or caregiver, provisional
patient, or Opioid Alternative Patient Program participant
under the Compassionate Use of Medical Cannabis Program 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, an Illinois Person with a Disability
Identification Card, or voter registration. No person may have
more than one primary residence.
"Principal officer" includes a cannabis business
establishment applicant or licensed cannabis business
establishment's board member, owner with more than 5% 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

10400SB3222ham002 - 417 - LRB104 19119 BDA 38710 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
more than one primary residence.
"Processor license" means a license issued to an infuser
organization that is licensed by the Department of Agriculture
under subsection (f) of Section 35-31 to extract raw materials
from cannabis flower.
"Provisional patient" means a qualifying patient who has
received a provisional registration from the Department of
Public Health.
"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.

10400SB3222ham002 - 418 - LRB104 19119 BDA 38710 a
"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"
includes does not include a cardholder under the Compassionate
Use of Medical Cannabis Program Act using the cardholder's
card at a dispensing organization that is authorized to serve
registered qualifying patients, provisional patients,
designated caregivers, and Opioid Alternative Patient Program
participants.
"Qualifying Applicant" means an applicant that submitted
an application pursuant to Section 15-30 that received at
least 85% of 250 application points available under Section
15-30 as the applicant's final score and meets the definition
of "Social Equity Applicant" as set forth under this Section.
"Qualifying patient" or "qualified patient" means a person
who has been diagnosed by a certifying health care
professional as having a debilitating medical condition as
defined under the Compassionate Use of Medical Cannabis
Program Act.
"Qualifying Social Equity Justice Involved Applicant"
means an applicant that submitted an application pursuant to
Section 15-30 that received at least 85% of 250 application
points available under Section 15-30 as the applicant's final
score and meets the criteria of either paragraph (1) or (2) of

10400SB3222ham002 - 419 - LRB104 19119 BDA 38710 a
the definition of "Social Equity Applicant" as set forth under
this Section.
"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:

10400SB3222ham002 - 420 - LRB104 19119 BDA 38710 a
(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
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 are members
member of an impacted family that have been impacted
by arrests, convictions, or adjudications of
delinquency that are eligible for expungement under
this Act.
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

10400SB3222ham002 - 421 - LRB104 19119 BDA 38710 a
offenses, unless otherwise required by law.
"Social Equity Lottery Licensee" means a holder of an
adult use cannabis dispensary license or a conditional adult
use cannabis dispensary license awarded through a lottery held
under subsection (c) of Section 15-35.20 of this Act.
"Tied Applicant" means an application submitted by a
Dispensary Applicant pursuant to Section 15-30 that received
the same number of application points under Section 15-30 as
the Dispensary Applicant's final score 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. Each application for which a Dispensary
Applicant was required to pay a required application fee for
the application period ending January 2, 2020 shall be
considered an application of a separate Tied Applicant.
"Tied Applicant Lottery" means the process established
under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
Use Dispensing Organization Licenses pursuant to Sections
15-25 and 15-30 among Eligible Tied Applicants.
"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
include a calibrated dropper or other similar device capable

10400SB3222ham002 - 422 - LRB104 19119 BDA 38710 a
of accurately measuring servings.
"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.
"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

10400SB3222ham002 - 423 - LRB104 19119 BDA 38710 a
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;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22.)
(410 ILCS 705/7-10)
Sec. 7-10. Cannabis Business Development Fund.
(a) There is created in the State treasury a special fund,
which shall be held separate and apart from all other State
moneys, to be known as the Cannabis Business Development Fund.
The Cannabis Business Development Fund shall be exclusively
used for the following purposes:
(1) to provide low-interest rate loans to Qualified
Social Equity Applicants and holders of a conditional or
adult use dispensing organization license issued pursuant
to Section 15-25, 15-35, or 15-35.10 or subsection (c) of
Section 15-35.20 to pay for ordinary and necessary
expenses to start and operate a cannabis business
establishment permitted by this Act, so long as the entity
meets the definition of a "Social Equity Applicant"
pursuant to Section 1-10; the Department of Commerce and
Economic Opportunity may review that an applicant for a
loan continues to meet the statutory definition of a
"Social Equity Applicant";
(2) to provide grants to Qualified Social Equity

10400SB3222ham002 - 424 - LRB104 19119 BDA 38710 a
Applicants and holders of a conditional or adult use
dispensing organization license issued pursuant to Section
15-25, 15-35, or 15-35.10 or subsection (c) of Section
15-35.20 to pay for ordinary and necessary expenses to
start and operate a cannabis business establishment
permitted by this Act, so long as the entity meets the
definition of a "Social Equity Applicant" pursuant to
Section 1-10; the Department of Commerce and Economic
Opportunity may review that an applicant for a loan
continues to meet the statutory definition of a "Social
Equity Applicant";
(3) to compensate the Department of Commerce and
Economic Opportunity for any costs related to the
provision of financial assistance low-interest loans and
grants to Qualified Social Equity Applicants and holders
of a conditional or adult use dispensing organization
license issued pursuant to Section 15-25, 15-35, or
15-35.10 or subsection (c) of Section 15-35.20, so long as
the entity meets the definition of a "Social Equity
Applicant" pursuant to Section 1-10; the Department of
Commerce and Economic Opportunity may review that an
applicant for a loan continues to meet the statutory
definition of a "Social Equity Applicant";
(4) to pay for outreach that may be provided or
targeted to attract and support Social Equity Applicants,
and Qualified Social Equity Applicants, and holders of a

10400SB3222ham002 - 425 - LRB104 19119 BDA 38710 a
conditional or adult use dispensing organization license
issued pursuant to Section 15-25, 15-35, or 15-35.10 or
subsection (c) of Section 15-35.20, so long as the entity
meets the definition of a "Social Equity Applicant"
pursuant to Section 1-10; the Department of Commerce and
Economic Opportunity may review that an applicant for a
loan continues to meet the statutory definition of a
"Social Equity Applicant";
(5) to provide financial assistance to, to support
lending to, to support private investment in, or to
facilitate access to the facilities needed to commence
operations as a cannabis business establishment for
Qualified Social Equity Applicants, Social Equity Lottery
Licensees, and holders of a conditional or adult use
dispensing organization licenses issued pursuant to
Section 15-25, 15-35, 15-35.10, or subsection (c) of
Section 15-35.20, so long as the entity meets the
definition of a "Social Equity Applicant" pursuant to
Section 1-10; the Department of Commerce and Economic
Opportunity may review that an applicant for a loan
continues to meet the statutory definition of a "Social
Equity Applicant" (blank);
(6) to conduct any study or research concerning the
participation of minorities, women, veterans, or people
with disabilities in the cannabis industry, including,
without limitation, barriers to such individuals entering

10400SB3222ham002 - 426 - LRB104 19119 BDA 38710 a
the industry as equity owners of cannabis business
establishments;
(6.5) to enter into financial intermediary agreements
to facilitate lending to or investment in Qualified Social
Equity Applicants and holders of a conditional or adult
use dispensing organization licenses issued pursuant to
Section 15-25, 15-35, or 15-35.10 or subsection (c) of
Section 15-35.20, with the goal of ensuring the
availability of facilities necessary to operate a cannabis
business establishment, so long as the entity meets the
definition of a "Social Equity Applicant" pursuant to
Section 1-10; the Department of Commerce and Economic
Opportunity may review that an applicant for a loan
continues to meet the statutory definition of a "Social
Equity Applicant";
(7) (blank); and
(8) to assist with job training and technical
assistance for residents in Disproportionately Impacted
Areas.
(b) All moneys collected under Sections 15-15 and 15-20
for Early Approval Adult Use Dispensing Organization Licenses
issued before January 1, 2021 and remunerations made as a
result of transfers of permits awarded to Qualified Social
Equity Applicants shall be deposited into the Cannabis
Business Development Fund.
(c) (Blank).

10400SB3222ham002 - 427 - LRB104 19119 BDA 38710 a
(c-5) In addition to any other transfers that may be
provided for by law, on July 1, 2023, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $40,000,000 from the
Compassionate Use of Medical Cannabis Fund to the Cannabis
Business Development Fund.
(d) Notwithstanding any other law to the contrary, the
Cannabis Business Development Fund is not subject to sweeps,
administrative charge-backs, or any other fiscal or budgetary
maneuver that would in any way transfer any amounts from the
Cannabis Business Development Fund into any other fund of the
State.
(Source: P.A. 103-8, eff. 6-7-23.)
(410 ILCS 705/7-15)
Sec. 7-15. Loans, financial assistance, and grants to
Qualified Social Equity Applicants and Social Equity Lottery
Licensees.
(a) The Department of Commerce and Economic Opportunity
shall establish grant, and loan, and financial assistance
programs, subject to appropriations from the Cannabis Business
Development Fund, for the purposes of providing financial
assistance, loans, grants, and technical assistance to
Qualified Social Equity Applicants and holders of a
conditional or adult use dispensing organization licenses
issued pursuant to Section 15-25, 15-35, 15-35.10, or

10400SB3222ham002 - 428 - LRB104 19119 BDA 38710 a
subsection (c) of Section 15-35.20, so long as the entity
meets the definition of a "Social Equity Applicant" pursuant
to Section 1-10; the Department of Commerce and Economic
Opportunity may review that an applicant for a loan continues
to meet the statutory definition of a "Social Equity
Applicant".
(b) The Department of Commerce and Economic Opportunity
has the power to:
(1) provide Cannabis Social Equity loans, financial
assistance, and grants from appropriations from the
Cannabis Business Development Fund to assist Qualified
Social Equity Applicants and holders of a conditional or
adult use dispensing organization license issued pursuant
to Section 15-25, 15-35, 15-35.10, or subsection (c) of
Section 15-35.20 in gaining entry to, and successfully
operating in, the State's regulated cannabis marketplace,
so long as the entity meets the definition of a "Social
Equity Applicant" pursuant to Section 1-10; the Department
of Commerce and Economic Opportunity may review that an
applicant for a loan continues to meet the statutory
definition of a "Social Equity Applicant";
(2) enter into agreements that set forth terms and
conditions of the financial assistance, accept funds or
grants, and engage in cooperation with private entities
and agencies of State or local government to carry out the
purposes of this Section;

10400SB3222ham002 - 429 - LRB104 19119 BDA 38710 a
(3) fix, determine, charge, and collect any premiums,
fees, charges, costs and expenses, including application
fees, commitment fees, program fees, financing charges, or
publication fees in connection with its activities under
this Section;
(4) coordinate assistance under the financial
assistance these loan programs with activities of the
Illinois Department of Financial and Professional
Regulation, the Illinois Department of Agriculture, and
other agencies as needed to maximize the effectiveness and
efficiency of this Act;
(5) provide staff, administration, and related support
required to administer this Section;
(6) take whatever actions are necessary or appropriate
to protect the State's interest in the event of
bankruptcy, default, foreclosure, or noncompliance with
the terms and conditions of financial assistance provided
under this Section, including the ability to recapture
funds if the recipient is found to be noncompliant with
the terms and conditions of the financial assistance
agreement;
(6.5) enter into financial intermediary agreements and
charge fees to financial institutions required to
facilitate lending to or investment in Qualified Social
Equity Applicants and holders of a conditional or adult
use dispensing organization licenses issued pursuant to

10400SB3222ham002 - 430 - LRB104 19119 BDA 38710 a
Section 15-25, 15-35, 15-35.10, or subsection (c) of
Section 15-35.20, with the goal of ensuring the
availability of facilities necessary to operate a cannabis
business establishment, so long as the entity meets the
definition of a "Social Equity Applicant" pursuant to
Section 1-10; the Department of Commerce and Economic
Opportunity may review that an applicant for a loan
continues to meet the statutory definition of a "Social
Equity Applicant";
(7) establish application, notification, contract, and
other forms, procedures, or rules deemed necessary and
appropriate; and
(8) utilize vendors or contract work to carry out the
purposes of this Act; and .
(9) review that an applicant for financial assistance
meets the statutory definition of a "Social Equity
Applicant" as that term is defined in Section 1-10 of this
Act, for the purposes of providing financial assistance
pursuant to this Section.
(c) Financial assistance Loans made under this Section:
(1) shall only be made if, in the Department's
judgment, the project furthers the goals set forth in this
Act; and
(2) shall be in such principal amount and form and
contain such terms and provisions with respect to
security, insurance, reporting, delinquency charges,

10400SB3222ham002 - 431 - LRB104 19119 BDA 38710 a
default remedies, forgiveness, and other matters as the
Department shall determine appropriate to protect the
public interest and to be consistent with the purposes of
this Section. The terms and provisions may be less than
required for similar loans not covered by this Section;
and .
(3) may be distributed by lottery if the Department
determines that the amount of funding available is
insufficient to provide an adequate amount of funding for
all of the applicants eligible to receive financial
assistance. The Department may communicate the number of
awards for financial assistance available on the
application for financial assistance. The Department may
use competitive criteria to establish which applicants are
eligible to receive financial assistance.
(d) Grants made under this Section shall be awarded on a
competitive and annual basis in compliance with under the
Grant Accountability and Transparency Act; however, to the
extent registration with the federal System for Award
Management requires a grant applicant to certify compliance
with all federal laws, the grant applicants under this Section
shall not be required to register for a unique entity
identifier through the federal System for Award Management to
be qualified to receive financial assistance under this
Section, so long as federal law prohibits the cultivation and
sale of cannabis. Grants made under this Section shall further

10400SB3222ham002 - 432 - LRB104 19119 BDA 38710 a
and promote the goals of this Act, including promotion of
Social Equity Applicants, Qualified Social Equity Applicants,
and holders of a conditional or adult use dispensing
organization license issued pursuant to Section 15-25, 15-35,
15-35.10, or subsection (c) of Section 15-35.20, so long as
the entity meets the definition of a "Social Equity Applicant"
pursuant to Section 1-10 and the Department of Commerce and
Economic Opportunity may review that an applicant for a loan
continues to meet the statutory definition of a "Social Equity
Applicant", as well as including promotion of job training and
workforce development, and technical assistance to Social
Equity Applicants, Qualified Social Equity Applicants, and
holders of a conditional or adult use dispensing organization
licenses issued pursuant to Section 15-25, 15-35, 15-35.10, or
subsection (c) of Section 15-35.20, so long as the entity
meets the definition of a "Social Equity Applicant" pursuant
to Section 1-10 and the Department of Commerce and Economic
Opportunity may review that an applicant for a loan continues
to meet the statutory definition of a "Social Equity
Applicant".
(d-5) Financial intermediary agreements to provide
financial assistance must further the goals set forth in this
Act and shall result in financing or lease costs that are
affordable or below market rate.
(e) Beginning January 1, 2021 and each year thereafter,
the Department shall annually report to the Governor and the

10400SB3222ham002 - 433 - LRB104 19119 BDA 38710 a
General Assembly on the outcomes and effectiveness of this
Section that shall include the following:
(1) the number of persons or businesses receiving
financial assistance under this Section;
(2) the amount in financial assistance awarded in the
aggregate, in addition to the amount of loans made that
are outstanding and the amount of grants awarded;
(3) the location of the project engaged in by the
person or business; and
(4) if applicable, the number of new jobs and other
forms of economic output created as a result of the
financial assistance.
(f) The Department of Commerce and Economic Opportunity
shall include engagement with individuals with limited English
proficiency as part of its outreach provided or targeted to
attract and support Social Equity Applicants.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/7-20)
Sec. 7-20. Fee waivers.
(a) For Social Equity Applicants and any dispensing
organization issued an adult use dispensing organization
license pursuant to a lottery conducted under subsection (c)
of Section 15-35.20 of this Act, the Department of Financial
and Professional Regulation and the Department of Agriculture
shall waive 50% of any nonrefundable license application fees,

10400SB3222ham002 - 434 - LRB104 19119 BDA 38710 a
any nonrefundable fees associated with purchasing a license to
operate a cannabis business establishment, and any surety bond
or other financial requirements, provided a Social Equity
Applicant meets the following qualifications at the time the
payment is due:
(1) the applicant, including all individuals and
entities with 10% or greater ownership and all parent
companies, subsidiaries, and affiliates, has less than a
total of $750,000 of gross income in the previous calendar
year; and
(2) the applicant, including all individuals and
entities with 10% or greater ownership and all parent
companies, subsidiaries, and affiliates, has no more than
2 other licenses for cannabis business establishments in
the State of Illinois.
(b) The Department of Financial and Professional
Regulation and the Department of Agriculture may require
Social Equity Applicants to attest that they meet the
requirements for a fee waiver as provided in subsection (a)
and to provide evidence of annual total income in the previous
calendar year.
(c) If the Department of Financial and Professional
Regulation or the Department of Agriculture determines that an
applicant who applied as a Social Equity Applicant is not
eligible for such status, the applicant shall be provided an
additional 10 days to provide alternative evidence that he or

10400SB3222ham002 - 435 - LRB104 19119 BDA 38710 a
she qualifies as a Social Equity Applicant. Alternatively, the
applicant may pay the remainder of the waived fee and be
considered as a non-Social Equity Applicant. If the applicant
cannot do either, then the Departments may keep the initial
application fee and the application shall not be graded.
(d) The Department of Agriculture shall provide hardship
waivers for craft grower, infuser, and transporter license and
renewal fees due to the Department pursuant to the following:
(1) The craft grower, infuser, and transporter
organization attests that the craft grower, infuser, and
transporter organization or applicant for renewal,
including all individuals and entities with 10% or greater
ownership and all parent companies, subsidiaries, and
affiliates, have no more than 2 other licenses for
cannabis business establishments in the State.
(2) For craft grower, infuser, and transporter
organizations that have a total of $50,000 or less of
reported gross income for the prior fiscal year, the
Department shall waive the full license or renewal fee.
The craft grower, infuser, and transporter organization
shall verify its income to the Department.
(3) For craft grower, infuser, and transporter
organizations that have a gross income of more than
$50,000 and less than or equal to $750,000, the Department
shall waive 50% of the full license or renewal fee. The
craft grower, infuser, and transporter organization shall

10400SB3222ham002 - 436 - LRB104 19119 BDA 38710 a
verify its income to the Department.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/10-10)
Sec. 10-10. Possession limit.
(a) Except if otherwise authorized by this Act, for a
person who is 21 years of age or older and a resident of this
State, the possession limit is as follows:
(1) 60 30 grams of cannabis flower;
(2) no more than 1000 500 milligrams of THC contained
in cannabis-infused product;
(3) 10 5 grams of cannabis concentrate; and
(4) for registered qualifying patients, any cannabis
produced by cannabis plants grown under subsection (b) of
Section 10-5, provided any amount of cannabis produced in
excess of 60 30 grams of raw cannabis or its equivalent
must remain secured within the residence or residential
property in which it was grown.
(b) For a person who is 21 years of age or older and who is
not a resident of this State, the possession limit is:
(1) 30 15 grams of cannabis flower;
(2) 5 2.5 grams of cannabis concentrate; and
(3) 500 250 milligrams of THC contained in a
cannabis-infused product.
(c) The possession limits found in subsections (a) and (b)
of this Section are to be considered cumulative.

10400SB3222ham002 - 437 - LRB104 19119 BDA 38710 a
(d) No person shall knowingly obtain, seek to obtain, or
possess an amount of cannabis from a dispensing organization
or craft grower that would cause him or her to exceed the
possession limit under this Section, including cannabis that
is cultivated by a person under this Act or obtained as a
qualified registered medical patient, provisional patient,
designated caregiver, or Opioid Alternative Patient Program
participant.
(d-1) No qualified patient, provisional patient,
designated caregiver, or Opioid Alternative Patient Program
participant shall knowingly obtain, seek to obtain, or
possess, individually or collectively, an amount that would
cause the individual to exceed that individual's adequate
medical supply under the Compassionate Use of Medical Cannabis
Program Act.
(e) (Blank). Cannabis and cannabis-derived substances
regulated under the Industrial Hemp Act are not covered by
this Act.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/10-15)
Sec. 10-15. Persons under 21 years of age.
(a) Nothing in this Act is intended to permit the transfer
of cannabis, with or without remuneration, to a person under
21 years of age, or to allow a person under 21 years of age to
purchase, possess, use, process, transport, grow, or consume

10400SB3222ham002 - 438 - LRB104 19119 BDA 38710 a
cannabis except where authorized by this Act, the
Compassionate Use of Medical Cannabis Program Act, or by the
Community College Cannabis Vocational Pilot Program.
(b) Notwithstanding any other provisions of law
authorizing the possession of medical cannabis or
cannabis-infused products by a qualified registered medical
patient, provisional patient, designated caregiver, or Opioid
Alternative Patient Program participant, nothing in this Act
authorizes a person who is under 21 years of age to possess
cannabis. A person under 21 years of age with cannabis in his
or her possession is guilty of a civil law violation as
outlined in paragraph (a) of Section 4 of the Cannabis Control
Act.
(c) If the person under the age of 21 was in a motor
vehicle at the time of the offense, the Secretary of State may
suspend or revoke the driving privileges of any person for a
violation of this Section under Section 6-206 of the Illinois
Vehicle Code and the rules adopted under it.
(d) It is unlawful for any parent or guardian to knowingly
permit his or her residence, any other private property under
his or her control, or any vehicle, conveyance, or watercraft
under his or her control to be used by an invitee of the
parent's child or the guardian's ward, if the invitee is under
the age of 21, in a manner that constitutes a violation of this
Section. A parent or guardian is deemed to have knowingly
permitted his or her residence, any other private property

10400SB3222ham002 - 439 - LRB104 19119 BDA 38710 a
under his or her control, or any vehicle, conveyance, or
watercraft under his or her control to be used in violation of
this Section if he or she knowingly authorizes or permits
consumption of cannabis by underage invitees. Any person who
violates this subsection (d) is guilty of a Class A
misdemeanor and the person's sentence shall include, but shall
not be limited to, a fine of not less than $500. If a violation
of this subsection (d) directly or indirectly results in great
bodily harm or death to any person, the person violating this
subsection is guilty of a Class 4 felony. In this subsection
(d), where the residence or other property has an owner and a
tenant or lessee, the trier of fact may infer that the
residence or other property is occupied only by the tenant or
lessee.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/15-10)
Sec. 15-10. Medical cannabis dispensing organization
exemption. Beginning 90 days after the effective date of this
amendatory Act of the 104th General Assembly, this This
Article does not apply to medical cannabis dispensing
organizations registered pursuant to Section 15-15 or Section
15-37 of this Act under the Compassionate Use of Medical
Cannabis Pilot Program Act, except where otherwise specified.
(Source: P.A. 101-27, eff. 6-25-19.)

10400SB3222ham002 - 440 - LRB104 19119 BDA 38710 a
(410 ILCS 705/15-15)
Sec. 15-15. Early Approval Adult Use Dispensing
Organization License.
(a) Any medical cannabis dispensing organization holding a
valid registration under the Compassionate Use of Medical
Cannabis Program Act as of the effective date of this Act may,
within 60 days of the effective date of this Act, apply to the
Department for an Early Approval Adult Use Dispensing
Organization License to serve purchasers at any medical
cannabis dispensing location in operation on the effective
date of this Act, pursuant to this Section.
(b) A medical cannabis dispensing organization seeking
issuance of an Early Approval Adult Use Dispensing
Organization License to serve purchasers at any medical
cannabis dispensing location in operation as of the effective
date of this Act shall submit an application on forms provided
by the Department. The application must be submitted by the
same person or entity that holds the medical cannabis
dispensing organization registration and include the
following:
(1) Payment of a nonrefundable fee of $30,000 to be
deposited into the Cannabis Regulation Fund;
(2) Proof of registration as a medical cannabis
dispensing organization that is in good standing;
(3) Certification that the applicant will comply with
the requirements contained in the Compassionate Use of

10400SB3222ham002 - 441 - LRB104 19119 BDA 38710 a
Medical Cannabis Program Act except as provided in this
Act;
(4) The legal name of the dispensing organization;
(5) The physical address of the dispensing
organization;
(6) The name, address, social security number, and
date of birth of each principal officer and board member
of the dispensing organization, each of whom must be at
least 21 years of age;
(7) A nonrefundable Cannabis Business Development Fee
equal to 3% of the dispensing organization's total sales
between June 1, 2018 to June 1, 2019, or $100,000,
whichever is less, to be deposited into the Cannabis
Business Development Fund; and
(8) Identification of one of the following Social
Equity Inclusion Plans to be completed by March 31, 2021:
(A) Make a contribution of 3% of total sales from
June 1, 2018 to June 1, 2019, or $100,000, whichever is
less, to the Cannabis Business Development Fund. This
is in addition to the fee required by item (7) of this
subsection (b);
(B) Make a grant of 3% of total sales from June 1,
2018 to June 1, 2019, or $100,000, whichever is less,
to a cannabis industry training or education program
at an Illinois community college as defined in the
Public Community College Act;

10400SB3222ham002 - 442 - LRB104 19119 BDA 38710 a
(C) Make a donation of $100,000 or more to a
program that provides job training services to persons
recently incarcerated or that operates in a
Disproportionately Impacted Area;
(D) Participate as a host in a cannabis business
establishment incubator program approved by the
Department of Commerce and Economic Opportunity, and
in which an Early Approval Adult Use Dispensing
Organization License holder agrees to provide a loan
of at least $100,000 and mentorship to incubate, for
at least a year, a Social Equity Applicant intending
to seek a license or a licensee that qualifies as a
Social Equity Applicant. As used in this Section,
"incubate" means providing direct financial assistance
and training necessary to engage in licensed cannabis
industry activity similar to that of the host
licensee. The Early Approval Adult Use Dispensing
Organization License holder or the same entity holding
any other licenses issued pursuant to this Act shall
not take an ownership stake of greater than 10% in any
business receiving incubation services to comply with
this subsection. If an Early Approval Adult Use
Dispensing Organization License holder fails to find a
business to incubate to comply with this subsection
before its Early Approval Adult Use Dispensing
Organization License expires, it may opt to meet the

10400SB3222ham002 - 443 - LRB104 19119 BDA 38710 a
requirement of this subsection by completing another
item from this subsection; or
(E) Participate in a sponsorship program for at
least 2 years approved by the Department of Commerce
and Economic Opportunity in which an Early Approval
Adult Use Dispensing Organization License holder
agrees to provide an interest-free loan of at least
$200,000 to a Social Equity Applicant. The sponsor
shall not take an ownership stake in any cannabis
business establishment receiving sponsorship services
to comply with this subsection.
(b-5) Beginning 90 days after the effective date of this
amendatory Act of the 102nd General Assembly, an Early
Approval Adult Use Dispensing Organization licensee whose
license was issued pursuant to this Section may apply to
relocate within the same geographic district where its
existing associated medical cannabis dispensing organization
dispensary licensed under the Compassionate Use of Medical
Cannabis Program Act is authorized to operate. A request to
relocate under this subsection is subject to approval by the
Department. An Early Approval Adult Use Dispensing
Organization's application to relocate its license under this
subsection shall be deemed approved 30 days following the
submission of a complete application to relocate, unless
sooner approved or denied in writing by the Department. If an
application to relocate is denied, the Department shall

10400SB3222ham002 - 444 - LRB104 19119 BDA 38710 a
provide, in writing, the specific reason for denial.
An Early Approval Adult Use Dispensing Organization may
request to relocate under this subsection if:
(1) its existing location is within the boundaries of
a unit of local government that prohibits the sale of
adult use cannabis; or
(2) the Early Approval Adult Use Dispensing
Organization has obtained the approval of the municipality
or, if outside the boundaries of a municipality in an
unincorporated area of the county, the approval of the
county where the existing license is located to move to
another location within that unit of local government.
At no time may an Early Approval Adult Use Dispensing
Organization dispensary licensed under this Section operate in
a separate facility from its associated medical cannabis
dispensing organization dispensary licensed under the
Compassionate Use of Medical Cannabis Program Act. The
relocation of an Early Approval Adult Use Dispensing
Organization License under this subsection shall be subject to
Sections 55-25 and 55-28 of this Act.
(c) The license fee required by paragraph (1) of
subsection (b) of this Section shall be in addition to any
license fee required for the renewal of a registered medical
cannabis dispensing organization license.
(d) Applicants must submit all required information,
including the requirements in subsection (b) of this Section,

10400SB3222ham002 - 445 - LRB104 19119 BDA 38710 a
to the Department. Failure by an applicant to submit all
required information may result in the application being
disqualified.
(e) If the Department receives an application that fails
to provide the required elements contained in subsection (b),
the Department shall issue a deficiency notice to the
applicant. The applicant shall have 10 calendar days from the
date of the deficiency notice to submit complete information.
Applications that are still incomplete after this opportunity
to cure may be disqualified.
(f) If an applicant meets all the requirements of
subsection (b) of this Section, the Department shall issue the
Early Approval Adult Use Dispensing Organization License
within 14 days of receiving a completed application unless:
(1) The licensee or a principal officer is delinquent
in filing any required tax returns or paying any amounts
owed to the State of Illinois;
(2) The Secretary of Financial and Professional
Regulation determines there is reason, based on documented
compliance violations, the licensee is not entitled to an
Early Approval Adult Use Dispensing Organization License;
or
(3) Any principal officer fails to register and remain
in compliance with this Act or the Compassionate Use of
Medical Cannabis Program Act.
(g) A registered medical cannabis dispensing organization

10400SB3222ham002 - 446 - LRB104 19119 BDA 38710 a
that obtains an Early Approval Adult Use Dispensing
Organization License may begin selling cannabis,
cannabis-infused products, paraphernalia, and related items to
purchasers under the rules of this Act no sooner than January
1, 2020.
(h) A dispensing organization holding a medical cannabis
dispensing organization license issued under the Compassionate
Use of Medical Cannabis Program Act must maintain an adequate
supply of cannabis and cannabis-infused products for purchase
by qualifying patients, designated caregivers, provisional
patients, and Opioid Alternative Patient Pilot Program
participants. For the purposes of this subsection, "adequate
supply" means a monthly inventory level that is comparable in
type and quantity to those medical cannabis products provided
to patients and caregivers on an average monthly basis for the
6 months before the effective date of this Act.
(i) If there is a shortage of cannabis or cannabis-infused
products, a dispensing organization holding both a dispensing
organization license under the Compassionate Use of Medical
Cannabis Program Act and this Act shall prioritize serving
qualifying patients, designated caregivers, provisional
patients, and Opioid Alternative Patient Pilot Program
participants before serving purchasers.
(j) Notwithstanding any law or rule to the contrary, a
person that holds a medical cannabis dispensing organization
license issued under the Compassionate Use of Medical Cannabis

10400SB3222ham002 - 447 - LRB104 19119 BDA 38710 a
Program Act and an Early Approval Adult Use Dispensing
Organization License may permit purchasers into a limited
access area as that term is defined in administrative rules
made under the authority in the Compassionate Use of Medical
Cannabis Program Act.
(k) An Early Approval Adult Use Dispensing Organization
License is valid until March 31, 2021. A dispensing
organization that obtains an Early Approval Adult Use
Dispensing Organization License shall receive written or
electronic notice 90 days before the expiration of the license
that the license will expire, and that informs the license
holder that it may apply to renew its Early Approval Adult Use
Dispensing Organization License on forms provided by the
Department. The Department shall renew the Early Approval
Adult Use Dispensing Organization License within 60 days of
the renewal application being deemed complete if:
(1) the dispensing organization submits an application
and the required nonrefundable renewal fee of $30,000, to
be deposited into the Cannabis Regulation Fund;
(2) the Department has not suspended or permanently
revoked the Early Approval Adult Use Dispensing
Organization License or a medical cannabis dispensing
organization license on the same premises for violations
of this Act, the Compassionate Use of Medical Cannabis
Program Act, or rules adopted pursuant to those Acts;
(3) the dispensing organization has completed a Social

10400SB3222ham002 - 448 - LRB104 19119 BDA 38710 a
Equity Inclusion Plan as provided by parts (A), (B), and
(C) of paragraph (8) of subsection (b) of this Section or
has made substantial progress toward completing a Social
Equity Inclusion Plan as provided by parts (D) and (E) of
paragraph (8) of subsection (b) of this Section; and
(4) the dispensing organization is in compliance with
this Act and rules.
(l) The Early Approval Adult Use Dispensing Organization
License renewed pursuant to subsection (k) of this Section
shall expire March 31, 2022. The Early Approval Adult Use
Dispensing Organization Licensee shall receive written or
electronic notice 90 days before the expiration of the license
that the license will expire, and that informs the license
holder that it may apply for an Adult Use Dispensing
Organization License on forms provided by the Department. The
Department shall grant an Adult Use Dispensing Organization
License within 60 days of an application being deemed complete
if the applicant has met all of the criteria in Section 15-36.
(m) If a dispensing organization fails to submit an
application for renewal of an Early Approval Adult Use
Dispensing Organization License or for an Adult Use Dispensing
Organization License before the expiration dates provided in
subsections (k) and (l) of this Section, the dispensing
organization shall cease serving purchasers and cease all
operations until it receives a renewal or an Adult Use
Dispensing Organization License, as the case may be.

10400SB3222ham002 - 449 - LRB104 19119 BDA 38710 a
(n) A dispensing organization agent who holds a valid
dispensing organization agent identification card issued under
the Compassionate Use of Medical Cannabis Program Act and is
an officer, director, manager, or employee of the dispensing
organization licensed under this Section may engage in all
activities authorized by this Article to be performed by a
dispensing organization agent.
(o) If the Department suspends, permanently revokes, or
otherwise disciplines the Early Approval Adult Use Dispensing
Organization License of a dispensing organization that also
holds a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act, the Department may consider the suspension, permanent
revocation, or other discipline of the medical cannabis
dispensing organization license.
(p) All fees collected pursuant to this Section shall be
deposited into the Cannabis Regulation Fund, unless otherwise
specified.
(q) Beginning 90 days after the effective date of this
amendatory Act of the 104th General Assembly, the Department
may update any existing Early Approval Adult Use Dispensing
Organization License to become both an Adult Use Dispensing
Organization License issued under Section 15-36 and a
corresponding Medical Cannabis Dispensing Organization License
under Section 15-37.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;

10400SB3222ham002 - 450 - LRB104 19119 BDA 38710 a
102-98, eff. 7-15-21.)
(410 ILCS 705/15-20)
Sec. 15-20. Early Approval Adult Use Dispensing
Organization License; secondary site.
(a) Any medical cannabis dispensing organization holding a
valid registration under the Compassionate Use of Medical
Cannabis Program Act as of the effective date of this Act may,
within 60 days of the effective date of this Act, apply to the
Department for an Early Approval Adult Use Dispensing
Organization License to operate a dispensing organization to
serve purchasers at a secondary site not within 1,500 feet of
another medical cannabis dispensing organization or adult use
dispensing organization. The Early Approval Adult Use
Dispensing Organization secondary site shall be within any BLS
Region that shares territory with the dispensing organization
district to which the medical cannabis dispensing organization
is assigned under the administrative rules for dispensing
organizations under the Compassionate Use of Medical Cannabis
Program Act.
(a-5) If, within 360 days of the effective date of this
Act, a dispensing organization is unable to find a location
within the BLS Regions prescribed in subsection (a) of this
Section in which to operate an Early Approval Adult Use
Dispensing Organization at a secondary site because no
jurisdiction within the prescribed area allows the operation

10400SB3222ham002 - 451 - LRB104 19119 BDA 38710 a
of an Adult Use Dispensing Organization, the Department of
Financial and Professional Regulation may waive the geographic
restrictions of subsection (a) of this Section and specify
another BLS Region into which the dispensary may be placed.
(b) (Blank).
(c) A medical cannabis dispensing organization seeking
issuance of an Early Approval Adult Use Dispensing
Organization License at a secondary site to serve purchasers
at a secondary site as prescribed in subsection (a) of this
Section shall submit an application on forms provided by the
Department. The application must meet or include the following
qualifications:
(1) a payment of a nonrefundable application fee of
$30,000;
(2) proof of registration as a medical cannabis
dispensing organization that is in good standing;
(3) submission of the application by the same person
or entity that holds the medical cannabis dispensing
organization registration;
(4) the legal name of the medical cannabis dispensing
organization;
(5) the physical address of the medical cannabis
dispensing organization and the proposed physical address
of the secondary site;
(6) a copy of the current local zoning ordinance
Sections relevant to dispensary operations and

10400SB3222ham002 - 452 - LRB104 19119 BDA 38710 a
documentation of the approval, the conditional approval or
the status of a request for zoning approval from the local
zoning office that the proposed dispensary location is in
compliance with the local zoning rules;
(7) a plot plan of the dispensary drawn to scale. The
applicant shall submit general specifications of the
building exterior and interior layout;
(8) a statement that the dispensing organization
agrees to respond to the Department's supplemental
requests for information;
(9) for the building or land to be used as the proposed
dispensary:
(A) if the property is not owned by the applicant,
a written statement from the property owner and
landlord, if any, certifying consent that the
applicant may operate a dispensary on the premises; or
(B) if the property is owned by the applicant,
confirmation of ownership;
(10) a copy of the proposed operating bylaws;
(11) 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;
(12) a copy of the proposed security plan that

10400SB3222ham002 - 453 - LRB104 19119 BDA 38710 a
complies with the requirements in this Article, including:
(A) a description of the delivery process by which
cannabis will be received from a transporting
organization, including receipt of manifests and
protocols that will be used to avoid diversion, theft,
or loss at the dispensary acceptance point; and
(B) the process or controls that will be
implemented to monitor the dispensary, secure the
premises, agents, patients, and currency, and prevent
the diversion, theft, or loss of cannabis; and
(C) the process to ensure that access to the
restricted access areas is restricted to, registered
agents, service professionals, transporting
organization agents, Department inspectors, and
security personnel;
(13) a proposed inventory control plan that complies
with this Section;
(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) a nonrefundable Cannabis Business Development Fee
equal to $200,000, to be deposited into the Cannabis
Business Development Fund; and
(16) a commitment to completing one of the following
Social Equity Inclusion Plans in subsection (d).

10400SB3222ham002 - 454 - LRB104 19119 BDA 38710 a
(d) Before receiving an Early Approval Adult Use
Dispensing Organization License at a secondary site, a
dispensing organization shall indicate the Social Equity
Inclusion Plan that the applicant plans to achieve before the
expiration of the Early Approval Adult Use Dispensing
Organization License from the list below:
(1) make a contribution of 3% of total sales from June
1, 2018 to June 1, 2019, or $100,000, whichever is less, to
the Cannabis Business Development Fund. This is in
addition to the fee required by paragraph (16) of
subsection (c) of this Section;
(2) make a grant of 3% of total sales from June 1, 2018
to June 1, 2019, or $100,000, whichever is less, to a
cannabis industry training or education program at an
Illinois community college as defined in the Public
Community College Act;
(3) make a donation of $100,000 or more to a program
that provides job training services to persons recently
incarcerated or that operates in a Disproportionately
Impacted Area;
(4) participate as a host in a cannabis business
establishment incubator program approved by the Department
of Commerce and Economic Opportunity, and in which an
Early Approval Adult Use Dispensing Organization License
at a secondary site holder agrees to provide a loan of at
least $100,000 and mentorship to incubate, for at least a

10400SB3222ham002 - 455 - LRB104 19119 BDA 38710 a
year, a Social Equity Applicant intending to seek a
license or a licensee that qualifies as a Social Equity
Applicant. In this paragraph (4), "incubate" means
providing direct financial assistance and training
necessary to engage in licensed cannabis industry activity
similar to that of the host licensee. The Early Approval
Adult Use Dispensing Organization License holder or the
same entity holding any other licenses issued under this
Act shall not take an ownership stake of greater than 10%
in any business receiving incubation services to comply
with this subsection. If an Early Approval Adult Use
Dispensing Organization License at a secondary site holder
fails to find a business to incubate in order to comply
with this subsection before its Early Approval Adult Use
Dispensing Organization License at a secondary site
expires, it may opt to meet the requirement of this
subsection by completing another item from this subsection
before the expiration of its Early Approval Adult Use
Dispensing Organization License at a secondary site to
avoid a penalty; or
(5) participate in a sponsorship program for at least
2 years approved by the Department of Commerce and
Economic Opportunity in which an Early Approval Adult Use
Dispensing Organization License at a secondary site holder
agrees to provide an interest-free loan of at least
$200,000 to a Social Equity Applicant. The sponsor shall

10400SB3222ham002 - 456 - LRB104 19119 BDA 38710 a
not take an ownership stake of greater than 10% in any
business receiving sponsorship services to comply with
this subsection.
(e) The license fee required by paragraph (1) of
subsection (c) of this Section is in addition to any license
fee required for the renewal of a registered medical cannabis
dispensing organization license.
(f) Applicants must submit all required information,
including the requirements in subsection (c) of this Section,
to the Department. Failure by an applicant to submit all
required information may result in the application being
disqualified. Principal officers shall not be required to
submit to the fingerprint and background check requirements of
Section 5-20.
(g) If the Department receives an application that fails
to provide the required elements contained in subsection (c),
the Department shall issue a deficiency notice to the
applicant. The applicant shall have 10 calendar days from the
date of the deficiency notice to submit complete information.
Applications that are still incomplete after this opportunity
to cure may be disqualified.
(h) Once all required information and documents have been
submitted, the Department will review the application. The
Department may request revisions and retains final approval
over dispensary features. Once the application is complete and
meets the Department's approval, the Department shall

10400SB3222ham002 - 457 - LRB104 19119 BDA 38710 a
conditionally approve the license. Final approval is
contingent on the build-out and Department inspection.
(i) Upon submission of the Early Approval Adult Use
Dispensing Organization at a secondary site application, the
applicant shall request an inspection and the Department may
inspect the Early Approval Adult Use Dispensing Organization's
secondary site to confirm compliance with the application and
this Act.
(j) The Department shall only issue an Early Approval
Adult Use Dispensing Organization License at a secondary site
after the completion of a successful inspection.
(k) If an applicant passes the inspection under this
Section, the Department shall issue the Early Approval Adult
Use Dispensing Organization License at a secondary site within
10 business days unless:
(1) the licensee, any principal officer or board
member of the licensee, or any person having a financial
or voting interest of 5% or greater in the licensee is
delinquent in filing any required tax returns or paying
any amounts owed to the State of Illinois; or
(2) the Secretary of Financial and Professional
Regulation determines there is reason, based on documented
compliance violations, the licensee is not entitled to an
Early Approval Adult Use Dispensing Organization License
at its secondary site.
(l) Once the Department has issued a license, the

10400SB3222ham002 - 458 - LRB104 19119 BDA 38710 a
dispensing organization shall notify the Department of the
proposed opening date.
(m) A registered medical cannabis dispensing organization
that obtains an Early Approval Adult Use Dispensing
Organization License at a secondary site may begin selling
cannabis, cannabis-infused products, paraphernalia, and
related items to purchasers under the rules of this Act no
sooner than January 1, 2020.
(n) If there is a shortage of cannabis or cannabis-infused
products, a dispensing organization holding both a dispensing
organization license under the Compassionate Use of Medical
Cannabis Program Act and this Article shall prioritize serving
qualifying patients and caregivers before serving purchasers.
(o) An Early Approval Adult Use Dispensing Organization
License at a secondary site is valid until March 31, 2021. A
dispensing organization that obtains an Early Approval Adult
Use Dispensing Organization License at a secondary site shall
receive written or electronic notice 90 days before the
expiration of the license that the license will expire, and
inform the license holder that it may renew its Early Approval
Adult Use Dispensing Organization License at a secondary site.
The Department shall renew an Early Approval Adult Use
Dispensing Organization License at a secondary site within 60
days of submission of the renewal application being deemed
complete if:
(1) the dispensing organization submits an application

10400SB3222ham002 - 459 - LRB104 19119 BDA 38710 a
and the required nonrefundable renewal fee of $30,000, to
be deposited into the Cannabis Regulation Fund;
(2) the Department has not suspended or permanently
revoked the Early Approval Adult Use Dispensing
Organization License or a medical cannabis dispensing
organization license held by the same person or entity for
violating this Act or rules adopted under this Act or the
Compassionate Use of Medical Cannabis Program Act or rules
adopted under that Act; and
(3) the dispensing organization has completed a Social
Equity Inclusion Plan provided by paragraph (1), (2), or
(3) of subsection (d) of this Section or has made
substantial progress toward completing a Social Equity
Inclusion Plan provided by paragraph (4) or (5) of
subsection (d) of this Section.
(p) The Early Approval Adult Use Dispensing Organization
Licensee at a secondary site renewed pursuant to subsection
(o) shall receive written or electronic notice 90 days before
the expiration of the license that the license will expire,
and that informs the license holder that it may apply for an
Adult Use Dispensing Organization License on forms provided by
the Department. The Department shall grant an Adult Use
Dispensing Organization License within 60 days of an
application being deemed complete if the applicant has met
meet all of the criteria in Section 15-36.
(q) If a dispensing organization fails to submit an

10400SB3222ham002 - 460 - LRB104 19119 BDA 38710 a
application for renewal of an Early Approval Adult Use
Dispensing Organization License or for an Adult Use Dispensing
Organization License before the expiration dates provided in
subsections (o) and (p) of this Section, the dispensing
organization shall cease serving purchasers until it receives
a renewal or an Adult Use Dispensing Organization License.
(r) A dispensing organization agent who holds a valid
dispensing organization agent identification card issued under
the Compassionate Use of Medical Cannabis Program Act and is
an officer, director, manager, or employee of the dispensing
organization licensed under this Section may engage in all
activities authorized by this Article to be performed by a
dispensing organization agent.
(s) If the Department suspends, permanently revokes, or
otherwise disciplines the Early Approval Adult Use Dispensing
Organization License of a dispensing organization that also
holds a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act, the Department may consider the suspension, permanent
revocation, or other discipline as grounds to take
disciplinary action against the medical cannabis dispensing
organization.
(t) All fees collected pursuant to this Section shall be
deposited into the Cannabis Regulation Fund, unless otherwise
specified.
(Source: P.A. 104-417, eff. 8-15-25.)

10400SB3222ham002 - 461 - LRB104 19119 BDA 38710 a
(410 ILCS 705/15-24 new)
Sec. 15-24. Adult Use Dispensing Organization Licensee
relocation.
(a) An Adult Use Dispensing Organization licensee may
apply to relocate within the licensee's specific BLS Region
consistent with this Section. A request to relocate under this
Section is subject to approval by the Department. An Adult Use
Dispensing Organization's application to relocate its license
under this Section shall be considered to be approved 30 days
following the submission of a complete application to
relocate, unless the request is sooner approved or denied in
writing by the Department. If an application to relocate is
denied, the Department shall provide, in writing, the specific
reason for denial. An Adult Use Dispensing Organization may
request to relocate under this Section only if:
(1) the Adult Use Dispensing Organization's existing
location is within the boundaries of a unit of local
government that prohibits the sale of adult use cannabis;
(2) the Adult Use Dispensing Organization has obtained
the zoning approval of a new location by the municipality
it currently operates in if the new location is within
that same municipality, or if outside the boundaries of a
municipality in an unincorporated area of the county, the
zoning approval of a new location by the county where it
currently operates in if the new location is within the

10400SB3222ham002 - 462 - LRB104 19119 BDA 38710 a
same county, to move to a different location within that
unit of local government; or
(3) the Adult Use Dispensing Organization has obtained
the approval, as evidenced by a letter of intent or full
zoning approval, to operate within the boundaries of a new
unit of local government, so long as the new unit of local
government is within the dispensing organization's
specific BLS Region.
(b) The relocation of an Adult Use Dispensing Organization
Licensee under this Section shall be subject to Sections 55-25
and 55-28.
(410 ILCS 705/15-25)
Sec. 15-25. Awarding of Conditional Adult Use Dispensing
Organization Licenses prior to January 1, 2021.
(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:

10400SB3222ham002 - 463 - LRB104 19119 BDA 38710 a
(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
(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

10400SB3222ham002 - 464 - LRB104 19119 BDA 38710 a
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,
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;

10400SB3222ham002 - 465 - LRB104 19119 BDA 38710 a
(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
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

10400SB3222ham002 - 466 - LRB104 19119 BDA 38710 a
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
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;

10400SB3222ham002 - 467 - LRB104 19119 BDA 38710 a
(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
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

10400SB3222ham002 - 468 - LRB104 19119 BDA 38710 a
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. The applicant
shall provide evidence that the location is not within 1,500
feet of an existing dispensing organization, unless the
applicant is a Social Equity Applicant or Social Equity
Justice Involved Applicant located or seeking to locate within
1,500 feet of a dispensing organization licensed under Section
15-15 or Section 15-20. 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 an additional 540 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 either find a location within 720 days of being
awarded a conditional license and become operational within
180 days thereafter or become operational within 720 days of
being awarded a conditional license, the Department may,
considering the totality of the circumstances, rescind the
conditional license. If the conditional license holder does

10400SB3222ham002 - 469 - LRB104 19119 BDA 38710 a
not become operational within 365 days after having found a
location, the Department may mandate a date by which the
conditional license holder shall become operational prior to
the Department rescinding the conditional license. If the
Department rescinds shall rescind the conditional license it
may 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 may issue shall award the Conditional Adult Use
Dispensing 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 720 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

10400SB3222ham002 - 470 - LRB104 19119 BDA 38710 a
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 Illinois 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. Each
person applying as a dispensing organization agent shall
submit a full set of fingerprints to the Illinois 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 Illinois State Police and Federal Bureau
of Identification criminal history records databases. The
Illinois State Police shall furnish, following positive
identification, all Illinois conviction information to the
Department.

10400SB3222ham002 - 471 - LRB104 19119 BDA 38710 a
(Source: P.A. 102-98, eff. 7-15-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 103-8, eff. 6-7-23.)
(410 ILCS 705/15-35)
Sec. 15-35. Qualifying Applicant Lottery for Conditional
Adult Use Dispensing Organization Licenses.
(a) In addition to any of the licenses issued under
Section 15-15, Section 15-20, Section 15-25, Section 15-30.20,
or Section 15-35.10 of this Act, within 10 business days after
the resulting final scores for all scored applications
pursuant to Sections 15-25 and 15-30 are released, the
Department shall issue up to 55 Conditional Adult Use
Dispensing Organization Licenses by lot, pursuant to the
application process adopted under this Section. In order to be
eligible to be awarded a Conditional Adult Use Dispensing
Organization License by lot under this Section, a Dispensary
Applicant must be a Qualifying Applicant.
The licenses issued under this Section shall be awarded in
each BLS Region in the following amounts:
(1) Bloomington: 1.
(2) Cape Girardeau: 1.
(3) Carbondale-Marion: 1.
(4) Champaign-Urbana: 1.
(5) Chicago-Naperville-Elgin: 36.
(6) Danville: 1.
(7) Davenport-Moline-Rock Island: 1.

10400SB3222ham002 - 472 - LRB104 19119 BDA 38710 a
(8) Decatur: 1.
(9) Kankakee: 1.
(10) Peoria: 2.
(11) Rockford: 1.
(12) St. Louis: 3.
(13) Springfield: 1.
(14) Northwest Illinois nonmetropolitan: 1.
(15) West Central Illinois nonmetropolitan: 1.
(16) East Central Illinois nonmetropolitan: 1.
(17) South Illinois nonmetropolitan: 1.
(a-5) Prior to issuing licenses under subsection (a), the
Department may adopt rules through emergency rulemaking in
accordance with subsection (kk) of Section 5-45 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) The Department shall distribute the available licenses
established under this Section subject to the following:
(1) The drawing by lot for all available licenses
issued under this Section shall occur on the same day when
practicable.
(2) Within each BLS Region, the first Qualifying
Applicant drawn will have the first right to an available
license. The second Qualifying Applicant drawn will have
the second right to an available license. The same pattern

10400SB3222ham002 - 473 - LRB104 19119 BDA 38710 a
will continue for each subsequent Qualifying Applicant
drawn.
(3) The process for distributing available licenses
under this Section shall be recorded by the Department in
a format selected by the Department.
(4) A Dispensary Applicant is prohibited from becoming
a Qualifying Applicant if a principal officer resigns
after the resulting final scores for all scored
applications pursuant to Sections 15-25 and 15-30 are
released.
(5) No Qualifying Applicant may be awarded more than 2
Conditional Adult Use Dispensing Organization Licenses at
the conclusion of a lottery conducted under this Section.
(6) No individual may be listed as a principal officer
of more than 2 Conditional Adult Use Dispensing
Organization Licenses awarded under this Section.
(7) If, upon being selected for an available license
established under this Section, a Qualifying Applicant
exceeds the limits under paragraph (5) or (6), the
Qualifying Applicant must choose which license to abandon
and notify the Department in writing within 5 business
days. If the Qualifying Applicant does not notify the
Department as required, the Department shall refuse to
issue the Qualifying Applicant all available licenses
established under this Section obtained by lot in all BLS
Regions.

10400SB3222ham002 - 474 - LRB104 19119 BDA 38710 a
(8) If, upon being selected for an available license
established under this Section, a Qualifying Applicant has
a principal officer who is a principal officer in more
than 10 Early Approval Adult Use Dispensing Organization
Licenses, Conditional Adult Use Dispensing Organization
Licenses, Adult Use Dispensing Organization Licenses, or
any combination thereof, the licensees and the Qualifying
Applicant listing that principal officer must choose which
license to abandon pursuant to subsection (d) of Section
15-36 and notify the Department in writing within 5
business days. If the Qualifying Applicant or licensees do
not notify the Department as required, the Department
shall refuse to issue the Qualifying Applicant all
available licenses established under this Section obtained
by lot in all BLS Regions.
(9) All available licenses that have been abandoned
under paragraph (7) or (8) shall be distributed to the
next Qualifying Applicant drawn by lot.
Any and all rights conferred or obtained under this
Section shall be limited to the provisions of this Section.
(c) An applicant who receives a Conditional Adult Use
Dispensing Organization License under this Section has 180
days from the date it is awarded to identify a physical
location for the dispensing organization's retail storefront.
The applicant shall provide evidence that the location is not
within 1,500 feet of an existing dispensing organization,

10400SB3222ham002 - 475 - LRB104 19119 BDA 38710 a
unless the applicant is a Social Equity Applicant or Social
Equity Justice Involved Applicant located or seeking to locate
within 1,500 feet of a dispensing organization licensed under
Section 15-15 or Section 15-20. If an applicant is unable to
find a suitable physical address in the opinion of the
Department within 180 days from the issuance of the
Conditional Adult Use Dispensing Organization License, the
Department may extend the period for finding a physical
address an additional 540 days if the Conditional Adult Use
Dispensing Organization License holder demonstrates a concrete
attempt 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 either find a
location within 720 days of being awarded a conditional
license and become operational within 180 days thereafter or
become operational within 720 days of being awarded a
Conditional Adult Use Dispensing Organization License, the
Department may, considering the totality of the circumstances,
rescind the conditional license. If the conditional license
holder does not become operational within 365 days after
having found a location, the Department may mandate a date by
which the conditional license holder shall become operational
prior to the Department rescinding the conditional license. If
under this Section, the Department rescinds shall rescind the
Conditional Adult Use Dispensing Organization License, it may
issue and award it pursuant to subsection (b), provided the

10400SB3222ham002 - 476 - LRB104 19119 BDA 38710 a
applicant receiving the Conditional Adult Use Dispensing
Organization 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 Conditional Adult Use
Dispensing Organization License. If the new awardee is unable
to accept the Conditional Adult Use Dispensing Organization
License, the Department may issue shall award the Conditional
Adult Use Dispensing Organization License pursuant to
subsection (b). The new awardee shall be subject to the same
required deadlines as provided in this subsection.
(d) If, within 720 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 may authorize the
Conditional Adult Use Dispensing Organization License holder
to transfer its Conditional Adult Use Dispensing Organization
License to a BLS Region specified by the Department.
(e) A dispensing organization that is awarded a
Conditional Adult Use Dispensing Organization License under
this Section shall not purchase, possess, sell, or dispense

10400SB3222ham002 - 477 - LRB104 19119 BDA 38710 a
cannabis or cannabis-infused products until the dispensing
organization has received an Adult Use Dispensing Organization
License issued by the Department pursuant to Section 15-36.
(f) The Department shall conduct a background check of the
prospective dispensing organization agents in order to carry
out this Article. The Illinois 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.
Each person applying as a dispensing organization agent shall
submit a full set of fingerprints to the Illinois 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 with the Illinois State Police and the Federal
Bureau of Investigation criminal history records databases.
The Illinois State Police shall furnish, following positive
identification, all Illinois conviction information to the
Department.
(g) The Department may verify information contained in
each application and accompanying documentation to assess the
applicant's veracity and fitness to operate a dispensing
organization.
(h) The Department may, in its discretion, refuse to issue
authorization to an applicant who meets any of the following
criteria:

10400SB3222ham002 - 478 - LRB104 19119 BDA 38710 a
(1) An applicant who is unqualified to perform the
duties required of the applicant.
(2) An applicant who fails to disclose or states
falsely any information called for in the application.
(3) An applicant who has been found guilty of a
violation of this Act, who has had any disciplinary order
entered against the applicant by the Department, who has
entered into a disciplinary or nondisciplinary agreement
with the Department, whose medical cannabis dispensing
organization, medical cannabis cultivation organization,
Early Approval Adult Use Dispensing Organization License,
Early Approval Adult Use Dispensing Organization License
at a secondary site, Early Approval Cultivation Center
License, Conditional Adult Use Dispensing Organization
License, or Adult Use Dispensing Organization License was
suspended, restricted, revoked, or denied for just cause,
or whose cannabis business establishment license was
suspended, restricted, revoked, or denied in any other
state.
(4) An applicant who has engaged in a pattern or
practice of unfair or illegal practices, methods, or
activities in the conduct of owning a cannabis business
establishment or other business.
(i) The Department shall deny issuance of a license under
this Section if any principal officer, board member, or person
having a financial or voting interest of 5% or greater in the

10400SB3222ham002 - 479 - LRB104 19119 BDA 38710 a
licensee is delinquent in filing any required tax return or
paying any amount owed to the State of Illinois.
(j) The Department shall verify an applicant's compliance
with the requirements of this Article and rules adopted under
this Article before issuing a Conditional Adult Use Dispensing
Organization License under this Section.
(k) If an applicant is awarded a Conditional Adult Use
Dispensing Organization License under this Section, the
information and plans provided in the application, including
any plans submitted for bonus points, shall become a condition
of the Conditional Adult Use Dispensing Organization License
and any Adult Use Dispensing Organization License issued to
the holder of the Conditional Adult Use Dispensing
Organization License, except as otherwise provided by this Act
or by rule. A dispensing organization has a duty to disclose
any material changes to the application. The Department shall
review all material changes disclosed by the dispensing
organization and may reevaluate its prior decision regarding
the awarding of a Conditional Adult Use Dispensing
Organization License, including, but not limited to,
suspending or permanently revoking a Conditional Adult Use
Dispensing Organization License. Failure to comply with the
conditions or requirements in the application may subject the
dispensing organization to discipline up to and including
suspension or permanent revocation of its authorization or
Conditional Adult Use Dispensing Organization License by the

10400SB3222ham002 - 480 - LRB104 19119 BDA 38710 a
Department.
(l) If an applicant has not begun operating as a
dispensing organization within one year after the issuance of
the Conditional Adult Use Dispensing Organization License
under this Section, the Department may permanently revoke the
Conditional Adult Use Dispensing Organization License and
award it to the next highest scoring applicant in the BLS
Region if a suitable applicant indicates a continued interest
in the Conditional Adult Use Dispensing Organization License
or may begin a new selection process to award a Conditional
Adult Use Dispensing Organization License.
(Source: P.A. 102-98, eff. 7-15-21; 103-8, eff. 6-7-23.)
(410 ILCS 705/15-35.10)
Sec. 15-35.10. Social Equity Justice Involved Lottery for
Conditional Adult Use Dispensing Organization Licenses.
(a) In addition to any of the licenses issued under
Section 15-15, Section 15-20, Section 15-25, Section 15-30.20,
or Section 15-35, within 10 business days after the resulting
final scores for all scored applications pursuant to Sections
15-25 and 15-30 are released, the Department shall issue up to
55 Conditional Adult Use Dispensing Organization Licenses by
lot, pursuant to the application process adopted under this
Section. In order to be eligible to be awarded a Conditional
Adult Use Dispensing Organization License by lot, a Dispensary
Applicant must be a Qualifying Social Equity Justice Involved

10400SB3222ham002 - 481 - LRB104 19119 BDA 38710 a
Applicant.
The licenses issued under this Section shall be awarded in
each BLS Region in the following amounts:
(1) Bloomington: 1.
(2) Cape Girardeau: 1.
(3) Carbondale-Marion: 1.
(4) Champaign-Urbana: 1.
(5) Chicago-Naperville-Elgin: 36.
(6) Danville: 1.
(7) Davenport-Moline-Rock Island: 1.
(8) Decatur: 1.
(9) Kankakee: 1.
(10) Peoria: 2.
(11) Rockford: 1.
(12) St. Louis: 3.
(13) Springfield: 1.
(14) Northwest Illinois nonmetropolitan: 1.
(15) West Central Illinois nonmetropolitan: 1.
(16) East Central Illinois nonmetropolitan: 1.
(17) South Illinois nonmetropolitan: 1.
(a-5) Prior to issuing licenses under subsection (a), the
Department may adopt rules through emergency rulemaking in
accordance with subsection (kk) of Section 5-45 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,

10400SB3222ham002 - 482 - LRB104 19119 BDA 38710 a
safety, and welfare.
(b) The Department shall distribute the available licenses
established under this Section subject to the following:
(1) The drawing by lot for all available licenses
established under this Section shall occur on the same day
when practicable.
(2) Within each BLS Region, the first Qualifying
Social Equity Justice Involved Applicant drawn will have
the first right to an available license. The second
Qualifying Social Equity Justice Involved Applicant drawn
will have the second right to an available license. The
same pattern will continue for each subsequent applicant
drawn.
(3) The process for distributing available licenses
under this Section shall be recorded by the Department in
a format selected by the Department.
(4) A Dispensary Applicant is prohibited from becoming
a Qualifying Social Equity Justice Involved Applicant if a
principal officer resigns after the resulting final scores
for all scored applications pursuant to Sections 15-25 and
15-30 are released.
(5) No Qualifying Social Equity Justice Involved
Applicant may be awarded more than 2 Conditional Adult Use
Dispensing Organization Licenses at the conclusion of a
lottery conducted under this Section.
(6) No individual may be listed as a principal officer

10400SB3222ham002 - 483 - LRB104 19119 BDA 38710 a
of more than 2 Conditional Adult Use Dispensing
Organization Licenses awarded under this Section.
(7) If, upon being selected for an available license
established under this Section, a Qualifying Social Equity
Justice Involved Applicant exceeds the limits under
paragraph (5) or (6), the Qualifying Social Equity Justice
Involved Applicant must choose which license to abandon
and notify the Department in writing within 5 business
days on forms prescribed by the Department. If the
Qualifying Social Equity Justice Involved Applicant does
not notify the Department as required, the Department
shall refuse to issue the Qualifying Social Equity Justice
Involved Applicant all available licenses established
under this Section obtained by lot in all BLS Regions.
(8) If, upon being selected for an available license
established under this Section, a Qualifying Social Equity
Justice Involved Applicant has a principal officer who is
a principal officer in more than 10 Early Approval Adult
Use Dispensing Organization Licenses, Conditional Adult
Use Dispensing Organization Licenses, Adult Use Dispensing
Organization Licenses, or any combination thereof, the
licensees and the Qualifying Social Equity Justice
Involved Applicant listing that principal officer must
choose which license to abandon pursuant to subsection (d)
of Section 15-36 and notify the Department in writing
within 5 business days on forms prescribed by the

10400SB3222ham002 - 484 - LRB104 19119 BDA 38710 a
Department. If the Dispensary Applicant or licensees do
not notify the Department as required, the Department
shall refuse to issue the Qualifying Social Equity Justice
Involved Applicant all available licenses established
under this Section obtained by lot in all BLS Regions.
(9) All available licenses that have been abandoned
under paragraph (7) or (8) shall be distributed to the
next Qualifying Social Equity Justice Involved Applicant
drawn by lot.
Any and all rights conferred or obtained under this
subsection shall be limited to the provisions of this
subsection.
(c) An applicant who receives a Conditional Adult Use
Dispensing Organization License under this Section has 180
days from the date of the award to identify a physical location
for the dispensing organization's retail storefront. The
applicant shall provide evidence that the location is not
within 1,500 feet of an existing dispensing organization,
unless the applicant is a Social Equity Applicant or Social
Equity Justice Involved Applicant located or seeking to locate
within 1,500 feet of a dispensing organization licensed under
Section 15-15 or Section 15-20. If an applicant is unable to
find a suitable physical address in the opinion of the
Department within 180 days from the issuance of the
Conditional Adult Use Dispensing Organization License, the
Department may extend the period for finding a physical

10400SB3222ham002 - 485 - LRB104 19119 BDA 38710 a
address an additional 540 days if the Conditional Adult Use
Dispensing Organization License holder demonstrates a concrete
attempt 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 either find a
location within 720 days of being awarded a conditional
license and become operational within 180 days thereafter or
become operational within 720 days of being awarded a
Conditional Adult Use Dispensing Organization License, the
Department may, considering the totality of the circumstances,
rescind the conditional license. If the conditional license
holder does not become operational within 365 days after
having found a location, the Department may mandate a date by
which the conditional license holder shall become operational
prior to the Department rescinding the conditional license. If
under this Section, the Department rescinds shall rescind the
Conditional Adult Use Dispensing Organization License it may
issue and award it pursuant to subsection (b) and notify the
new awardee at the email address provided in the awardee's
application, provided the applicant receiving the Conditional
Adult Use Dispensing Organization 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

10400SB3222ham002 - 486 - LRB104 19119 BDA 38710 a
Conditional Adult Use Dispensing Organization License. If the
new awardee is unable to accept the Conditional Adult Use
Dispensing Organization License, the Department may issue
shall award the Conditional Adult Use Dispensing Organization
License pursuant to subsection (b). The new awardee shall be
subject to the same required deadlines as provided in this
subsection.
(d) If, within 720 180 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 under this Section because no
jurisdiction within the BLS Region allows for the operation of
an Adult Use Dispensing Organization, the Department may
authorize the Conditional Adult Use Dispensing Organization
License holder to transfer its Conditional Adult Use
Dispensing Organization License to a BLS Region specified by
the Department.
(e) A dispensing organization that is awarded a
Conditional Adult Use Dispensing Organization License under
this Section shall not purchase, possess, sell, or dispense
cannabis or cannabis-infused products until the dispensing
organization has received an Adult Use Dispensing Organization
License issued by the Department pursuant to Section 15-36.
(f) The Department shall conduct a background check of the
prospective dispensing organization agents in order to carry

10400SB3222ham002 - 487 - LRB104 19119 BDA 38710 a
out this Article. The Illinois 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.
Each person applying as a dispensing organization agent shall
submit a full set of fingerprints to the Illinois 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 with the Illinois State Police and the Federal
Bureau of Investigation criminal history records databases.
The Illinois State Police shall furnish, following positive
identification, all Illinois conviction information to the
Department.
(g) The Department may verify information contained in
each application and accompanying documentation to assess the
applicant's veracity and fitness to operate a dispensing
organization.
(h) The Department may, in its discretion, refuse to issue
an authorization to an applicant who meets any of the
following criteria:
(1) An applicant who is unqualified to perform the
duties required of the applicant.
(2) An applicant who fails to disclose or states
falsely any information called for in the application.
(3) An applicant who has been found guilty of a

10400SB3222ham002 - 488 - LRB104 19119 BDA 38710 a
violation of this Act, who has had any disciplinary order
entered against the applicant by the Department, who has
entered into a disciplinary or nondisciplinary agreement
with the Department, whose medical cannabis dispensing
organization, medical cannabis cultivation organization,
Early Approval Adult Use Dispensing Organization License,
Early Approval Adult Use Dispensing Organization License
at a secondary site, Early Approval Cultivation Center
License, Conditional Adult Use Dispensing Organization
License, or Adult Use Dispensing Organization License was
suspended, restricted, revoked, or denied for just cause,
or whose cannabis business establishment license was
suspended, restricted, revoked, or denied in any other
state.
(4) An applicant who has engaged in a pattern or
practice of unfair or illegal practices, methods, or
activities in the conduct of owning a cannabis business
establishment or other business.
(i) The Department shall deny the license if any principal
officer, board member, or person having a financial or voting
interest of 5% or greater in the licensee is delinquent in
filing any required tax return or paying any amount owed to the
State of Illinois.
(j) The Department shall verify an applicant's compliance
with the requirements of this Article and rules adopted under
this Article before issuing a Conditional Adult Use Dispensing

10400SB3222ham002 - 489 - LRB104 19119 BDA 38710 a
Organization License.
(k) If an applicant is awarded a Conditional Adult Use
Dispensing Organization License under this Section, the
information and plans provided in the application, including
any plans submitted for bonus points, shall become a condition
of the Conditional Adult Use Dispensing Organization License
and any Adult Use Dispensing Organization License issued to
the holder of the Conditional Adult Use Dispensing
Organization License, except as otherwise provided by this Act
or by rule. Dispensing organizations have a duty to disclose
any material changes to the application. The Department shall
review all material changes disclosed by the dispensing
organization and may reevaluate its prior decision regarding
the awarding of a Conditional Adult Use Dispensing
Organization License, including, but not limited to,
suspending or permanently revoking a Conditional Adult Use
Dispensing Organization License. Failure to comply with the
conditions or requirements in the application may subject the
dispensing organization to discipline up to and including
suspension or permanent revocation of its authorization or
Conditional Adult Use Dispensing Organization License by the
Department.
(l) If an applicant has not begun operating as a
dispensing organization within one year after the issuance of
the Conditional Adult Use Dispensing Organization License
under this Section, the Department may permanently revoke the

10400SB3222ham002 - 490 - LRB104 19119 BDA 38710 a
Conditional Adult Use Dispensing Organization License and
award it to the next highest scoring applicant in the BLS
Region if a suitable applicant indicates a continued interest
in the Conditional Adult Use Dispensing Organization License
or may begin a new selection process to award a Conditional
Adult Use Dispensing Organization License.
(Source: P.A. 102-98, eff. 7-15-21; 103-8, eff. 6-7-23.)
(410 ILCS 705/15-36)
Sec. 15-36. Adult Use Dispensing Organization License.
(a) A person is only eligible to receive or hold an Adult
Use Dispensing Organization License if the person has been
issued awarded a Conditional Adult Use Dispensing Organization
License, an Early Approval Adult Use Dispensing Organization
License, or an Early Approval Adult Use Dispensing
Organization License at a Secondary Site pursuant to this Act
or its administrative rules or has renewed its license
pursuant to subsection (k) of Section 15-15 or subsection (p)
of Section 15-20.
(b) The Department shall not issue an Adult Use Dispensing
Organization License until:
(1) the Department has inspected the dispensary site
and proposed operations and verified that they are in
compliance with this Act and local zoning laws;
(2) the Conditional Adult Use Dispensing Organization
License holder has paid a license fee of $60,000 or a

10400SB3222ham002 - 491 - LRB104 19119 BDA 38710 a
prorated amount accounting for the difference of time
between when the Adult Use Dispensing Organization License
is issued and March 31 of the next even-numbered year; and
(3) the Conditional Adult Use Dispensing Organization
License holder has met all the requirements in this Act
and rules.
(c) No person or entity shall hold any legal, equitable,
ownership, or beneficial interest, directly or indirectly, of
more than 10 dispensing organizations, including through any
management contract, consultant contract, or other similar
arrangement. licensed under this Article. Further, no
(c-1) No person or entity that is: (1) employed by, is an
agent of, or participates in the management of a dispensing
organization or registered medical cannabis dispensing
organization; no person who is (2) a principal officer of a
dispensing organization or registered medical cannabis
dispensing organization; and no or (3) an entity controlled by
or affiliated with a principal officer of a dispensing
organization or registered medical cannabis dispensing
organization; shall hold any legal, equitable, ownership, or
beneficial interest, directly or indirectly, in a dispensing
organization that would result in such person or entity owning
or participating in the management of more than 10 dispensing
organizations licensed under this Article, including through
any management contract, consulting contract, or similar
arrangement Early Approval Adult Use Dispensing Organization

10400SB3222ham002 - 492 - LRB104 19119 BDA 38710 a
Licenses, Early Approval Adult Use Dispensing Organization
Licenses at a secondary site, Conditional Adult Use Dispensing
Organization Licenses, or Adult Use Dispensing Organization
Licenses.
(c-2) Notwithstanding subsections (c) and (c-1), if a
person or entity enters an arrangement that could or does
result in the person or entity receiving payments from a
dispensing organization in an amount exceeding any of the
amounts in paragraphs (1) through (3) of this subsection,
then, unless the dispensing organization is approved by the
Department for a limited waiver as identified in this Section,
the person or entity is considered to be a principal officer of
the dispensing organization requiring the Department's
approval and registration:
(1) 10% of the dispensing organization's monthly gross
revenue;
(2) 50% of the dispensing organizations 's net profits
in a calendar year; or
(3) $250,000, or an amount otherwise determined by the
Department via administrative rulemaking, in a calendar
year.
The Department may grant a limited waiver to the
requirements of this subsection if the dispensing
organization demonstrates good cause and there is no
transfer of ownership and control.
For the purpose of this subsection, participating in

10400SB3222ham002 - 493 - LRB104 19119 BDA 38710 a
management may include, without limitation, controlling
decisions regarding staffing, pricing, purchasing, marketing,
store design, hiring, and website design.
(d) The Department shall deny an application if granting
that application would result in a person or entity obtaining
direct or indirect financial interest in more than 10 Early
Approval Adult Use Dispensing Organization Licenses or
Dispensing Organization Licenses , Conditional Adult Use
Dispensing Organization Licenses, Adult Use Dispensing
Organization Licenses, or any combination thereof. If a person
or entity is awarded a Conditional Adult Use Dispensing
Organization License that would cause the person or entity to
be in violation of this subsection, he, she, or it shall choose
which license application it wants to abandon and such
licenses shall become available to the next qualified
applicant in the region in which the abandoned license was
awarded.
(e) As used in this Section:
"Equitable or beneficial ownership" includes the interests
arising under or in connection with any arrangement that has
the effect of granting the person or entity the power or
authority to participate in the operation or management of the
dispensing organization.
"Participating in the operation or management of a
dispensing organization" includes, without limitation,
controlling decisions regarding staffing, pricing, purchasing,

10400SB3222ham002 - 494 - LRB104 19119 BDA 38710 a
marketing, store design, and hiring. "Participating in the
operation or management" does not include third parties who
provide administrative services marketed and delivered to the
general population of business in Illinois, such as accounting
or information technology support.
(Source: P.A. 104-417, eff. 8-15-25.)
(410 ILCS 705/15-37 new)
Sec. 15-37. Medical Cannabis Dispensing Organization
License.
(a) Beginning 90 days after the effective date of this
amendatory Act of the 104th General Assembly, the Department
may issue a Medical Cannabis Dispensing Organization License
to any entity holding an Adult Use Dispensing Organization
License.
(b) The Medical Cannabis Dispensing Organization License
shall be issued to the same entity holding the Adult Use
Dispensing Organization License and for the same address of
the corresponding dispensary.
(c) The Department shall provide an approval process for
issuing Medical Cannabis Dispensing Organization Licenses to
corresponding Adult Use Dispensing Organization Licensees,
which shall include, but shall not be limited to, the
following:
(1) payment of a one-time, nonrefundable fee of
$5,000, which shall be deposited into the Cannabis

10400SB3222ham002 - 495 - LRB104 19119 BDA 38710 a
Regulation Fund;
(2) proof of the corresponding Adult Use Dispensing
Organization License that is in active status;
(3) certification that the licensee shall comply with
the requirements contained in the Compassionate Use of
Medical Cannabis Program Act;
(4) the legal name of the dispensing organization;
(5) the physical address of the dispensing
organization;
(6) affirmation that the dispensing organization
understands it is prohibited from separating its Medical
Cannabis Dispensing Organization License from its Adult
Use Dispensing Organization License;
(7) proof of proper zoning for both medical and adult
use sales in a form and manner prescribed by the
Department; and
(8) any other information which the Department may
request.
(d) If an Adult Use Dispensing Organization is issued a
corresponding Medical Cannabis Dispensing Organization
License, the entity holding the 2 corresponding licenses is
prohibited from separating the 2 licenses from each other. In
this subsection, "separating" means, but is not limited to,
the following:
(1) relocating either license without relocating the
other to the same facility; or

10400SB3222ham002 - 496 - LRB104 19119 BDA 38710 a
(2) changing the ownership for only one of the
licenses.
(e) For the purpose of subsection (c) of Section 15-36, a
dispensing organization holding an Adult Use Dispensing
Organization License and a Medical Cannabis Dispensing
Organization License at a single location pursuant to this
Section 15-37 shall count as a single dispensing organization.
(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) (blank); enter the registry identification number
of the dispensing organization where the agent works;
(4) within one year from the effective date of this
Act, allow for an electronic application process and

10400SB3222ham002 - 497 - LRB104 19119 BDA 38710 a
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. This may include providing the card via electronic
means available upon request.
(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.
(c-5) A dispensing organization agent identification card
issued pursuant to this Section authorizes a dispensing
organization agent to perform work at the dispensing
organization with both an Adult Use Dispensing Organization
License and the corresponding Medical Cannabis Dispensing
Organization License issued under Section 15-37 of this Act.
(d) (Blank). The dispensing organization agent
identification cards shall be immediately returned to the

10400SB3222ham002 - 498 - LRB104 19119 BDA 38710 a
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 Illinois State Police and the Department
immediately upon discovery of the loss.
(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 dispensing organization agent identification card
for the same employer regardless of what type of dispensing
organization license the employer holds. For agent cards
issued to all agents except agents-in-charge and principal
officers, the card shall not be specific to any individual
dispensing organization.
(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.

10400SB3222ham002 - 499 - LRB104 19119 BDA 38710 a
(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
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

10400SB3222ham002 - 500 - LRB104 19119 BDA 38710 a
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 requirements
requirement for sales to purchasers; and
(xv) Other areas as determined by rule.
(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.

10400SB3222ham002 - 501 - LRB104 19119 BDA 38710 a
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
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 every 2 years from the date of 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

10400SB3222ham002 - 502 - LRB104 19119 BDA 38710 a
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 applicant may begin employment at a
dispensing organization while the agent applicant's
identification card application is pending. Upon approval, the
Department shall issue the agent's identification card to the
agent. If denied, the dispensing organization and the agent
applicant shall be notified and the agent applicant must cease
all activity at the dispensing organization immediately.
(t) The Department and the Department of Agriculture may
develop and implement an integrated system to issue an agent
identification card which identifies a dispensary agent
licensed by the Department as well as any cultivator, craft
grower, transporter, community college program, or infuser
license or registration the agent may simultaneously hold.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22.)
(410 ILCS 705/15-45)
Sec. 15-45. Renewal.
(a) All Adult Use Dispensing Organization Licenses shall

10400SB3222ham002 - 503 - LRB104 19119 BDA 38710 a
expire on March 31 of even-numbered years.
(b) Agent identification cards shall expire one year from
the date they are issued.
(c) Dispensing organizations Licensees and dispensing
agents shall submit a renewal application as provided by the
Department and pay the required renewal fee. The Department
shall require an agent, employee, contracting, and
subcontracting diversity report and an environmental impact
report with its renewal application. No license or agent
identification card shall be renewed if it is currently under
revocation or suspension for violation of this Article or any
rules that may be adopted under this Article or the licensee,
principal officer, board member, person having a financial or
voting interest of 5% or greater in the licensee, or agent is
delinquent in filing any required tax returns or paying any
amounts owed to the State of Illinois.
(d) Renewal fees are:
(1) For a dispensing organization, except as provided
in subsection (d-5):
(A) $60,000 or the proportional prorated amount,
to be deposited into the Cannabis Regulation Fund; and
(B) $10,000 or the proportional prorated amount,
to be deposited into the Compassionate Use of Medical
Cannabis Fund, if the dispensing organization also
holds a Medical Cannabis Dispensing Organization
License issued pursuant to Section 15-37 of this Act.

10400SB3222ham002 - 504 - LRB104 19119 BDA 38710 a
(2) For an agent identification card, $100, to be
deposited into the Cannabis Regulation Fund.
(d-5) The Department of Financial and Professional
Regulation shall provide hardship waivers for dispensing
organization renewal fees due to the Department pursuant to
the provisions below:
(1) The dispensing organization attests that the
dispensing organization or applicant for renewal,
including all individuals and entities with 10% or greater
ownership and all parent companies, subsidiaries, and
affiliates, have no more than 2 other licenses for
cannabis business establishments in the State.
(2) For dispensing organizations that have a gross
income of $50,000 or less from the prior calendar year,
the Department shall waive the full renewal fee. In order
to qualify for this full waiver, the dispensing
organization shall provide income verification from the
Department of Revenue and any other information the
Department may require in a form or manner prescribed by
the Department.
(3) For dispensing organizations that have a gross
income of more than $50,000 and less than or equal to
$750,000 from the prior calendar year, the Department
shall waive 50% of the full renewal fee. In order to
qualify for this waiver, the dispensing organization shall
provide income verification from the Department of Revenue

10400SB3222ham002 - 505 - LRB104 19119 BDA 38710 a
and any other information the Department may require in a
form or manner prescribed by the Department.
(e) If a dispensing organization fails to renew its
license before expiration, the dispensing organization shall
cease operations until the license is renewed.
(f) If a dispensing organization agent fails to renew his
or her registration before its expiration, he or she shall
cease to perform duties authorized by this Article at a
dispensing organization until his or her registration is
renewed.
(g) Any dispensing organization that continues to operate
or dispensing agent that continues to perform duties
authorized by this Article at a dispensing organization that
fails to renew its license is subject to penalty as provided in
this Article, or any rules that may be adopted pursuant to this
Article.
(h) The Department shall not renew a license if the
applicant is delinquent in filing any required tax returns or
paying any amounts owed to the State of Illinois. The
Department shall not renew a dispensing agent identification
card if the applicant is delinquent in filing any required tax
returns or paying any amounts owed to the State of Illinois.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/15-70)
Sec. 15-70. Operational requirements; prohibitions.

10400SB3222ham002 - 506 - LRB104 19119 BDA 38710 a
(a) A dispensing organization shall operate in accordance
with the representations made in its application and license
materials. It shall be in compliance with this Act and rules.
(b) (Blank) A dispensing organization must include the
legal name of the dispensary on the packaging of any cannabis
product it sells.
(c) All cannabis, cannabis-infused products, and cannabis
seeds must be obtained from an Illinois registered adult use
cultivation center, craft grower, infuser, or another
dispensary.
(c-5) A dispensing organization with a Medical Cannabis
Dispensing Organization license may sell cannabis and
cannabis-infused products purchased from any cultivation
center, craft grower, infuser, or other dispensary to persons
over 21 years of age and to qualifying patients, designated
caregivers, provisional patients, and Opioid Alternative
Patient Program participants.
(d) Dispensing organizations are prohibited from selling
any product containing alcohol except tinctures, which must be
limited to containers that are no larger than 100 milliliters.
(e) A dispensing organization shall inspect and count
product received from a transporting organization, adult use
cultivation center, craft grower, infuser organization, or
other dispensing organization before dispensing it.
(f) A dispensing organization may only accept cannabis
deliveries into a restricted access area. Deliveries may not

10400SB3222ham002 - 507 - LRB104 19119 BDA 38710 a
be accepted through the public or limited access areas unless
otherwise approved by the Department.
(g) A dispensing organization shall maintain compliance
with State and local building, fire, and zoning requirements
or regulations.
(h) A dispensing organization shall submit a list to the
Department of the names of all service professionals that will
work at the dispensary. The list shall include a description
of the type of business or service provided. Changes to the
service professional list shall be promptly provided. No
service professional shall work in the dispensary until the
name is provided to the Department on the service professional
list.
(i) A dispensing organization's license allows for a
dispensary to be operated only at a single location.
(j) A dispensary may operate between 6 a.m. and 2 a.m. 10
p.m. local time, subject to local zoning ordinances or
resolutions.
(k) A dispensing organization must keep all lighting
outside and inside the dispensary in good working order and
wattage sufficient for security cameras.
(l) A dispensing organization must keep all air treatment
systems that will be installed to reduce odors in good working
order.
(m) A dispensing organization shall maintain a security
guard or security guards to provide on-site security must

10400SB3222ham002 - 508 - LRB104 19119 BDA 38710 a
contract with a private security contractor that is licensed
under Section 10-5 of the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004 to provide on-site security at all hours of the
dispensary's operation.
(n) A dispensing organization shall ensure that any
building or equipment used by a dispensing organization for
the storage or sale of cannabis is maintained in a clean and
sanitary condition.
(o) The dispensary shall be free from infestation by
insects, rodents, or pests.
(p) A dispensing organization shall not:
(1) Produce or manufacture cannabis;
(2) Accept a cannabis product from an adult use
cultivation center, craft grower, infuser, dispensing
organization, or transporting organization unless it is
pre-packaged and labeled in accordance with this Act and
any rules that may be adopted pursuant to this Act;
(3) Obtain cannabis or cannabis-infused products from
outside the State of Illinois;
(4) Sell cannabis or cannabis-infused products to a
purchaser unless the dispensing organization is licensed
under the Compassionate Use of Medical Cannabis Program
Act, and the individual is registered under the
Compassionate Use of Medical Cannabis Program or the
purchaser has been verified to be 21 years of age or older;

10400SB3222ham002 - 509 - LRB104 19119 BDA 38710 a
(5) Enter into an exclusive agreement with any adult
use cultivation center, craft grower, or infuser.
Dispensaries shall provide consumers an assortment of
products from various cannabis business establishment
licensees such that the inventory available for sale at
any dispensary from any single cultivation center, craft
grower, processor, transporter, or infuser entity shall
not be more than 40% of the total inventory available for
sale. For the purpose of this subsection, a cultivation
center, craft grower, processor, or infuser shall be
considered part of the same entity if the licensees share
at least one principal officer. The Department may request
that a dispensary diversify its products as needed or
otherwise discipline a dispensing organization for
violating this requirement;
(6) Refuse to conduct business with an adult use
cultivation center, craft grower, transporting
organization, or infuser that has the ability to properly
deliver the product and is permitted by the Department of
Agriculture, on the same terms as other adult use
cultivation centers, craft growers, infusers, or
transporters with whom it is dealing;
(7) (Blank); Operate drive-through windows;
(7.5) Separate an Adult Use Dispensing Organization
License from a Medical Cannabis Dispensing Organization
License issued under Section 15-37;

10400SB3222ham002 - 510 - LRB104 19119 BDA 38710 a
(8) Allow for the dispensing of cannabis or
cannabis-infused products in vending machines;
(9) Transport cannabis to residences or transport
cannabis to other locations where purchasers may be for
delivery, except for the limited circumstances provided in
paragraph (5.5) of subsection (c) of Section 15-100;
(10) Enter into agreements to allow persons who are
not dispensing organization agents to deliver cannabis or
to transport cannabis to purchasers;
(11) Operate a dispensary if its video surveillance
equipment is inoperative;
(12) Operate a dispensary if the point-of-sale
equipment is inoperative;
(13) Operate a dispensary if the State's cannabis
electronic verification system is inoperative;
(14) Have fewer than 2 people working at the
dispensary at any time while the dispensary is open;
(15) Be located within 1,500 feet of the property line
of a pre-existing dispensing organization, unless the
applicant is a Social Equity Applicant or Social Equity
Justice Involved Applicant located or seeking to locate
within 1,500 feet of a dispensing organization licensed
under Section 15-15 or Section 15-20;
(16) Sell seed clones or any other live plant
material, except to a qualifying medical patient,
designated caregiver, provisional patient, or Opioid

10400SB3222ham002 - 511 - LRB104 19119 BDA 38710 a
Alternative Patient Program participant;
(17) Sell cannabis, cannabis concentrate, or
cannabis-infused products in combination or bundled with
each other or any other items for one price, and each item
of cannabis, concentrate, or cannabis-infused product must
be separately identified by quantity and price on the
receipt; or
(18) Sell cannabis, cannabis concentrate, or
cannabis-infused products to a registered qualifying
patient, provisional patient, designated caregiver, or an
Opioid Alternative Patient Program participant without
first affixing any warning label required under any State
or federal law, rule, or regulation. Violate any other
requirements or prohibitions set by Department rules.
(q) It is unlawful for any person having an Early Approval
Adult Use Dispensing Organization License, a Conditional Adult
Use Dispensing Organization License, an Adult Use Dispensing
Organization License, or a medical cannabis dispensing
organization license issued under the Compassionate Use of
Medical Cannabis Program Act or any officer, associate,
member, representative, or agent of such licensee to accept,
receive, or borrow money or anything else of value or accept or
receive credit (other than merchandising credit in the
ordinary course of business for a period not to exceed 30 days)
directly or indirectly from any adult use cultivation center,
craft grower, infuser, or transporting organization in

10400SB3222ham002 - 512 - LRB104 19119 BDA 38710 a
exchange for preferential placement on the dispensing
organization's shelves, display cases, or website. This
includes anything received or borrowed or from any
stockholders, officers, agents, or persons connected with an
adult use cultivation center, craft grower, infuser, or
transporting organization.
(r) It is unlawful for any person having an Early Approval
Adult Use Dispensing Organization License, a Conditional Adult
Use Dispensing Organization License, an Adult Use Dispensing
Organization License, or a medical cannabis dispensing
organization license issued under the Compassionate Use of
Medical Cannabis Program to enter into any contract with any
person licensed to cultivate, process, or transport cannabis
whereby such dispensing organization agrees not to sell any
cannabis cultivated, processed, transported, manufactured, or
distributed by any other cultivator, transporter, or infuser,
and any provision in any contract violative of this Section
shall render the whole of such contract void and no action
shall be brought thereon in any court.
(Source: P.A. 104-417, eff. 8-15-25.)
(410 ILCS 705/15-85)
Sec. 15-85. Dispensing cannabis.
(a) Before a dispensing organization agent dispenses
cannabis to a purchaser, the agent shall:
(1) Verify the age of the purchaser by checking a

10400SB3222ham002 - 513 - LRB104 19119 BDA 38710 a
government-issued identification card by use of an
electronic reader or electronic scanning device to scan a
purchaser's government-issued identification, if
applicable, to determine the purchaser's age and the
validity of the identification;
(2) Verify the validity of the government-issued
identification card by use of an electronic reader or
electronic scanning device to scan a purchaser's
government-issued identification, if applicable, to
determine the purchaser's age and the validity of the
identification;
(3) Offer any appropriate purchaser education or
support materials;
(4) Enter the following information into the State's
cannabis electronic verification system:
(i) The dispensing organization agent's
identification number, or if the agent's card
application is pending the Department's approval, a
temporary and unique identifier until the agent's card
application is approved or denied by the Department;
(ii) The dispensing organization's identification
number;
(iii) The amount, type (including strain, if
applicable) of cannabis or cannabis-infused product
dispensed;
(iv) The date and time the cannabis was dispensed.

10400SB3222ham002 - 514 - LRB104 19119 BDA 38710 a
(b) A dispensing organization shall refuse to sell
cannabis or cannabis-infused products to any person unless the
person produces a valid identification showing that the person
is 21 years of age or older. A medical cannabis dispensing
organization may sell cannabis or cannabis-infused products to
a person who is under 21 years of age if the sale complies with
the provisions of the Compassionate Use of Medical Cannabis
Program Act and rules.
(c) For the purposes of this Section, valid identification
must:
(1) Be valid and unexpired;
(2) Contain a photograph and the date of birth of the
person.
(d) In accordance with this amendatory Act of the 104th
General Assembly, a dispensing organization may offer pickup
or drive-through locations for cannabis, cannabis concentrate,
or cannabis-infused products.
(e) Notwithstanding Sections 11-502.1 and 11-502.15 of the
Illinois Vehicle Code, the requirement that cannabis be
inaccessible shall not apply to adult-use cannabis or medical
cannabis lawfully purchased from a licensed dispensing
organization if the cannabis is transported in a secured,
sealed, odor-proof, child-resistant cannabis container that is
in its original packaging.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21.)

10400SB3222ham002 - 515 - LRB104 19119 BDA 38710 a
(410 ILCS 705/15-100)
Sec. 15-100. Security.
(a) A dispensing organization shall implement security
measures to deter and prevent entry into and theft of cannabis
or currency.
(b) A dispensing organization shall submit any changes to
the floor plan or security plan to the Department for
pre-approval. All cannabis shall be maintained and stored in a
restricted access area during construction.
(c) The dispensing organization shall implement security
measures to protect the premises, purchasers, and dispensing
organization agents including, but not limited to the
following:
(1) Establish a locked door or barrier between the
facility's entrance and the limited access area;
(2) Prevent individuals from remaining on the premises
if they are not engaging in activity permitted by this Act
or rules;
(3) Develop a policy that addresses the maximum
capacity and purchaser flow in the waiting rooms and
limited access areas;
(4) Dispose of cannabis in accordance with this Act
and rules;
(5) During hours of operation, store and dispense all
cannabis in from the restricted access area. During

10400SB3222ham002 - 516 - LRB104 19119 BDA 38710 a
operational hours, cannabis shall be stored in an enclosed
locked room or cabinet and accessible only to specifically
authorized dispensing organization agents;
(5.5) During hours of operation, dispense all cannabis
from the restricted access area, including a drive-through
window, or from a pickup location in close proximity to
the restricted access area. The dispensing organization
shall, prior to dispensing the cannabis, confirm
compliance with Section 15-85 of this Act. As used in this
paragraph, "pickup location in close proximity" means an
area contiguous to the real property of the dispensary,
such as a sidewalk or parking lot;
(6) When the dispensary is closed, store all cannabis
and currency in a reinforced vault room in the restricted
access area and in a manner as to prevent diversion,
theft, or loss;
(7) Keep the reinforced vault room and any other
equipment or cannabis storage areas securely locked and
protected from unauthorized entry;
(8) Keep an electronic daily log of dispensing
organization agents with access to the reinforced vault
room and knowledge of the access code or combination;
(9) Keep all locks and security equipment in good
working order;
(10) Maintain an operational security and alarm system
at all times;

10400SB3222ham002 - 517 - LRB104 19119 BDA 38710 a
(11) Prohibit keys, if applicable, from being left in
the locks, or stored or placed in a location accessible to
persons other than specifically authorized personnel;
(12) Prohibit accessibility of security measures,
including combination numbers, passwords, or electronic or
biometric security systems to persons other than
specifically authorized dispensing organization agents;
(13) Ensure that the dispensary interior and exterior
premises are sufficiently lit to facilitate surveillance;
(14) Ensure that trees, bushes, and other foliage
outside of the dispensary premises do not allow for a
person or persons to conceal themselves from sight;
(15) Develop emergency policies and procedures for
securing all product and currency following any instance
of diversion, theft, or loss of cannabis, and conduct an
assessment to determine whether additional safeguards are
necessary; and
(16) Develop sufficient additional safeguards in
response to any special security concerns, or as required
by the Department.
(d) The Department may request or approve alternative
security provisions that it determines are an adequate
substitute for a security requirement specified in this
Article. Any additional protections may be considered by the
Department in evaluating overall security measures.
(e) A dispensing organization may share premises with a

10400SB3222ham002 - 518 - LRB104 19119 BDA 38710 a
craft grower or an infuser 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.
(f) A dispensing organization shall provide additional
security as needed and in a manner appropriate for the
community where it operates.
(g) Restricted access areas.
(1) All restricted access areas must be identified by
the posting of a sign that is a minimum of 12 inches by 12
inches and that states "Do Not Enter - Restricted Access
Area - Authorized Personnel Only" in lettering no smaller
than one inch in height.
(2) All restricted access areas shall be clearly
described in the floor plan of the premises, in the form
and manner determined by the Department, reflecting walls,
partitions, counters, and all areas of entry and exit. The
floor plan shall show all storage, disposal, and retail
sales areas.
(3) All restricted access areas must be secure, with
locking devices that prevent access from the limited
access areas.
(h) Security and alarm.
(1) A dispensing organization shall have an adequate
security plan and security system to prevent and detect

10400SB3222ham002 - 519 - LRB104 19119 BDA 38710 a
diversion, theft, or loss of cannabis, currency, or
unauthorized intrusion using commercial grade equipment
installed by an Illinois licensed private alarm contractor
or private alarm contractor agency that shall, at a
minimum, include:
(i) A perimeter alarm on all entry points and
glass break protection on perimeter windows;
(ii) Security shatterproof tinted film on exterior
windows;
(iii) A failure notification system that provides
an audible, text, or visual notification of any
failure in the surveillance system, including, but not
limited to, panic buttons, alarms, and video
monitoring system. The failure notification system
shall provide an alert to designated dispensing
organization agents within 5 minutes after the
failure, either by telephone or text message;
(iv) A duress alarm, panic button, and alarm, or
holdup alarm and after-hours intrusion detection alarm
that by design and purpose will directly or indirectly
notify, by the most efficient means, the Public Safety
Answering Point for the law enforcement agency having
primary jurisdiction;
(v) Security equipment to deter and prevent
unauthorized entrance into the dispensary, including
electronic door locks on the limited and restricted

10400SB3222ham002 - 520 - LRB104 19119 BDA 38710 a
access areas that include devices or a series of
devices to detect unauthorized intrusion that may
include a signal system interconnected with a radio
frequency method, cellular, private radio signals or
other mechanical or electronic device.
(2) All security system equipment and recordings shall
be maintained in good working order, in a secure location
so as to prevent theft, loss, destruction, or alterations.
(3) Access to surveillance monitoring recording
equipment shall be limited to persons who are essential to
surveillance operations, law enforcement authorities
acting within their jurisdiction, security system service
personnel, and the Department. A current list of
authorized dispensing organization agents and service
personnel that have access to the surveillance equipment
must be available to the Department upon request.
(4) All security equipment shall be inspected and
tested at regular intervals, not to exceed one month from
the previous inspection, and tested to ensure the systems
remain functional.
(5) The security system shall provide protection
against theft and diversion that is facilitated or hidden
by tampering with computers or electronic records.
(6) The dispensary shall ensure all access doors are
not solely controlled by an electronic access panel to
ensure that locks are not released during a power outage.

10400SB3222ham002 - 521 - LRB104 19119 BDA 38710 a
(i) To monitor the dispensary, the dispensing organization
shall incorporate continuous electronic video monitoring
including the following:
(1) All monitors must be 19 inches or greater;
(2) Unobstructed video surveillance of all enclosed
dispensary areas, unless prohibited by law, including all
points of entry and exit that shall be appropriate for the
normal lighting conditions of the area under surveillance.
The cameras shall be directed so all areas are captured,
including, but not limited to, safes, vaults, sales areas,
and areas where cannabis is stored, handled, dispensed, or
destroyed. Cameras shall be angled to allow for facial
recognition, the capture of clear and certain
identification of any person entering or exiting the
dispensary area and in lighting sufficient during all
times of night or day;
(3) Unobstructed video surveillance of outside areas,
the storefront, and the parking lot, that shall be
appropriate for the normal lighting conditions of the area
under surveillance. Cameras shall be angled so as to allow
for the capture of facial recognition, clear and certain
identification of any person entering or exiting the
dispensary and the immediate surrounding area, and license
plates of vehicles in the parking lot;
(4) 24-hour recordings from all video cameras
available for immediate viewing by the Department upon

10400SB3222ham002 - 522 - LRB104 19119 BDA 38710 a
request. Recordings shall not be destroyed or altered and
shall be retained for at least 60 90 days. Recordings
shall be retained as long as necessary if the dispensing
organization is aware of the loss or theft of cannabis or a
pending criminal, civil, or administrative investigation
or legal proceeding for which the recording may contain
relevant information;
(5) The ability to immediately produce a clear, color
still photo from the surveillance video, either live or
recorded;
(6) A date and time stamp embedded on all video
surveillance recordings. The date and time shall be
synchronized and set correctly and shall not significantly
obscure the picture;
(7) The ability to remain operational during a power
outage and ensure all access doors are not solely
controlled by an electronic access panel to ensure that
locks are not released during a power outage;
(8) All video surveillance equipment shall allow for
the exporting of still images in an industry standard
image format, including .jpg, .bmp, and .gif. Exported
video shall have the ability to be archived in a
proprietary format that ensures authentication of the
video and guarantees that no alteration of the recorded
image has taken place. Exported video shall also have the
ability to be saved in an industry standard file format

10400SB3222ham002 - 523 - LRB104 19119 BDA 38710 a
that can be played on a standard computer operating
system. All recordings shall be erased or destroyed before
disposal;
(9) The video surveillance system shall be operational
during a power outage with a 4-hour minimum battery
backup;
(10) A video camera or cameras recording at each
point-of-sale location allowing for the identification of
the dispensing organization agent distributing the
cannabis and any purchaser. The camera or cameras shall
capture the sale, the individuals and the computer
monitors used for the sale;
(11) A failure notification system that provides an
audible and visual notification of any failure in the
electronic video monitoring system; and
(12) All electronic video surveillance monitoring must
record at least the equivalent of 8 frames per second and
be available as recordings to the Department and the
Illinois State Police 24 hours a day via a secure
web-based portal with reverse functionality.
(j) The requirements contained in this Act are minimum
requirements for operating a dispensing organization. The
Department may establish additional requirements by rule.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-538, eff. 8-20-21.)

10400SB3222ham002 - 524 - LRB104 19119 BDA 38710 a
(410 ILCS 705/15-135)
Sec. 15-135. Investigations.
(a) Dispensing organizations are subject to random and
unannounced dispensary inspections and cannabis testing by the
Department, the Department of Agriculture, the Department of
Revenue, the Department of Public Health, the Illinois State
Police, local law enforcement, local health officials, or as
provided by rule. Inspections shall be:
(1) standard to each agency's requirements pursuant to
this Act and any administrative rules; and
(2) conducted using standardized inspection protocols,
including uniform inspection checklists and evaluation
criteria statewide.
Current inspection checklists shall be made available to
licensees upon request. A written report summarizing the
inspection shall be issued to the licensee within 45 calendar
days of the inspection being completed. Any violation shall
reference the specific provision violated in statute or
administrative rule.
(b) The Department and its authorized representatives may
enter any place, including a vehicle, in which cannabis is
held, stored, dispensed, sold, produced, delivered,
transported, manufactured, or disposed of and inspect, in a
reasonable manner, the place and all pertinent equipment,
containers and labeling, and all things including records,
files, financial data, sales data, shipping data, pricing

10400SB3222ham002 - 525 - LRB104 19119 BDA 38710 a
data, personnel data, research, papers, processes, controls,
and facility, and inventory any stock of cannabis and obtain
samples of any cannabis or cannabis-infused product, any
labels or containers for cannabis, or paraphernalia.
(c) The Department may conduct an investigation of an
applicant, application, dispensing organization, principal
officer, dispensary agent, third party vendor, or any other
party associated with a dispensing organization for an alleged
violation of this Act or rules or to determine qualifications
to be granted a registration by the Department.
(d) The Department may require an applicant or holder of
any license issued pursuant to this Article to produce
documents, records, or any other material pertinent to the
investigation of an application or alleged violations of this
Act or rules. Failure to provide the required material may be
grounds for denial or discipline.
(e) Every person charged with preparation, obtaining, or
keeping records, logs, reports, or other documents in
connection with this Act and rules and every person in charge,
or having custody, of those documents shall, upon request by
the Department, make the documents immediately available for
inspection and copying by the Department, the Department's
authorized representative, or others authorized by law to
review the documents.
(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

10400SB3222ham002 - 526 - LRB104 19119 BDA 38710 a
(410 ILCS 705/15-145)
Sec. 15-145. Grounds for discipline.
(a) The Department may deny issuance, refuse to renew or
restore, or may reprimand, place on probation, suspend,
revoke, or take other disciplinary or nondisciplinary action
against any license or agent identification card or may impose
a fine for any of the following:
(1) Material misstatement in furnishing information to
the Department;
(2) Violations of this Act or rules;
(3) Obtaining an authorization or license by fraud or
misrepresentation;
(4) A pattern of conduct that demonstrates
incompetence or that the applicant has engaged in conduct
or actions that would constitute grounds for discipline
under this Act;
(5) Aiding or assisting another person in violating
any provision of this Act or rules;
(6) Failing to respond to a written request for
information by the Department within 30 days;
(7) Engaging in unprofessional, dishonorable, or
unethical conduct of a character likely to deceive,
defraud, or harm the public;
(8) Adverse action by another United States
jurisdiction or foreign nation;

10400SB3222ham002 - 527 - LRB104 19119 BDA 38710 a
(9) A finding by the Department that the licensee,
after having his or her license placed on suspended or
probationary status, has violated the terms of the
suspension or probation;
(10) Conviction, entry of a plea of guilty, nolo
contendere, or the equivalent in a State or federal court
of a principal officer or agent-in-charge of a felony
offense in accordance with Sections 2105-131, 2105-135,
and 2105-205 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois;
(11) Excessive use of or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or
drug;
(12) A finding by the Department of a discrepancy in a
Department audit of cannabis;
(13) A finding by the Department of a discrepancy in a
Department audit of capital or funds;
(14) A finding by the Department of acceptance of
cannabis from a source other than an Adult Use Cultivation
Center, craft grower, infuser, or transporting
organization licensed by the Department of Agriculture, or
a dispensing organization licensed by the Department;
(15) An inability to operate using reasonable
judgment, skill, or safety due to physical or mental
illness or other impairment or disability, including,
without limitation, deterioration through the aging

10400SB3222ham002 - 528 - LRB104 19119 BDA 38710 a
process or loss of motor skills or mental incompetence;
(16) Failing to report to the Department within the
time frames established, or if not identified, 14 days, of
any adverse action taken against the dispensing
organization or an agent by a licensing jurisdiction in
any state or any territory of the United States or any
foreign jurisdiction, any governmental agency, any law
enforcement agency or any court defined in this Section;
(17) Any violation of the dispensing organization's
policies and procedures submitted to the Department
annually as a condition for licensure;
(18) Failure to inform the Department of any change of
address within 10 business days;
(19) Disclosing customer names, personal information,
or protected health information in violation of any State
or federal law;
(20) Operating a dispensary before obtaining a license
from the Department;
(21) Performing duties authorized by this Act prior to
receiving a license to perform such duties;
(22) Dispensing cannabis when prohibited by this Act
or rules;
(23) Any fact or condition that, if it had existed at
the time of the original application for the license,
would have warranted the denial of the license;
(24) Permitting a person without a valid agent

10400SB3222ham002 - 529 - LRB104 19119 BDA 38710 a
identification card to perform licensed activities under
this Act;
(25) Failure to assign an agent-in-charge as required
by this Article;
(26) Failure to provide the training required by
paragraph (3) of subsection (i) of Section 15-40 within
the provided timeframe;
(27) Personnel insufficient in number or unqualified
in training or experience to properly operate the
dispensary business;
(28) Any pattern of activity that causes a harmful
impact on the community; and
(29) Failing to prevent diversion, theft, or loss of
cannabis; .
(30) Engaging in a pattern of nonpayment or late
payment for goods or services to a cannabis business
establishment; or
(31) Engaging in predatory financial practices or
financial collusion, including, but not limited to,
bid-rigging and market allocation schemes.
(b) All fines and fees imposed under this Section shall be
paid within 60 days after the effective date of the order
imposing the fine or as otherwise specified in the order.
(c) A circuit court order establishing that an
agent-in-charge or principal officer holding an agent
identification card is subject to involuntary admission as

10400SB3222ham002 - 530 - LRB104 19119 BDA 38710 a
that term is defined in Section 1-119 or 1-119.1 of the Mental
Health and Developmental Disabilities Code shall operate as a
suspension of that card.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/15-155)
Sec. 15-155. Unlicensed practice; violation; civil
penalty; cease and desist order.
(a) In addition to any other penalty provided by law, any
person who practices, offers to practice, attempts to
practice, or holds oneself out to practice as a licensed
dispensing organization owner, principal officer,
agent-in-charge, or agent sells or offers for sale cannabis,
cannabis-infused products, cannabis concentrates, or cannabis
flower without being licensed under this Act shall, in
addition to any other penalty provided by law, pay a civil
penalty to the Department of Financial and Professional
Regulation in an amount not to exceed $10,000 for each offense
as determined by the Department. Each day a person engages in
unlicensed practice in violation of this Section constitutes a
separate violation. The civil penalty shall be assessed by the
Department after a hearing is held in accordance with the
provisions set forth in this Act regarding the provision of a
hearing for the discipline of a licensee.
(a-5) Procedures for cease and desist orders under this
Section are as follows:

10400SB3222ham002 - 531 - LRB104 19119 BDA 38710 a
(1) The Secretary of the Department of Financial and
Professional Regulation may issue a cease and desist order
to any person doing business without the required license,
when, in the opinion of the Secretary, the person is
violating or is about to violate any provision of this Act
or any rule or requirement imposed in writing by the
Department as a condition of granting any authorization
permitted by this Act. The cease and desist order under
this Section may be issued before a hearing.
(2) The Secretary shall serve notice of the
Secretary's action, including, but not limited to, a
statement of the reasons for the action, either personally
or by certified mail. Service by certified mail shall be
deemed completed when the notice is deposited in the U.S.
Mail.
(3) Within 10 days after service of the cease and
desist order, the licensee or other person may request a
hearing in writing. The Secretary shall schedule a hearing
within 90 days after the request for a hearing unless
otherwise agreed to by the parties.
(4) The Secretary may withdraw a cease and desist
order at any time.
(5) The powers vested in the Secretary by this Section
are in addition to any and all other powers and remedies
vested in the Secretary by law, and nothing in this
Section shall be construed as requiring that the Secretary

10400SB3222ham002 - 532 - LRB104 19119 BDA 38710 a
shall employ the power conferred in this Section instead
of or as a condition precedent to the exercise of any other
power or remedy vested in the Secretary.
(6) The Secretary may seek to compel compliance with
the cease and desist order in the circuit court through
the Attorney General. Any person in violation of a cease
and desist order issued by the Department is subject to
all penalties provided by law.
(b) The Department, the Attorney General, any State or
local law enforcement agency, or any State's Attorney has the
authority and power to investigate any and all unlicensed
activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty or
in accordance with the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of this State.
(d) A violation of subsection (a) is an unlawful practice
under Section 2 of the Consumer Fraud and Deceptive Business
Practices Act. All remedies, penalties, and authority granted
to the Attorney General under that Act shall be available for
the enforcement of this Act.
(e) Nothing in this Section prohibits a unit of local
government from enacting a local law or ordinance to carry out
enforcement activities and assess civil penalties against

10400SB3222ham002 - 533 - LRB104 19119 BDA 38710 a
unlicensed cannabis activities.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/20-15)
Sec. 20-15. Conditional Adult Use Cultivation Center
application.
(a) If the Department of Agriculture makes available
additional cultivation center licenses pursuant to Section
20-5, applicants for a Conditional Adult Use Cultivation
Center License shall electronically submit the following in
such form as the Department of Agriculture may direct:
(1) the nonrefundable application fee set by rule by
the Department of Agriculture, to be deposited into the
Cannabis Regulation Fund;
(2) the legal name of the cultivation center;
(3) the proposed physical address of the cultivation
center;
(4) the name, address, social security number, and
date of birth of each principal officer and board member
of the cultivation center; each principal officer and
board member shall be at least 21 years of age;
(5) the details of any administrative or judicial
proceeding in which any of the principal officers or board
members of the cultivation center (i) pled guilty, were
convicted, were fined, or had a registration or license
suspended or revoked, or (ii) managed or served on the

10400SB3222ham002 - 534 - LRB104 19119 BDA 38710 a
board of a business or non-profit organization that pled
guilty, was convicted, was fined, or had a registration or
license suspended or revoked;
(6) proposed operating bylaws that include procedures
for the oversight of the cultivation center, including the
development and implementation of a plant monitoring
system, accurate recordkeeping, staffing plan, and
security plan approved by the Illinois State Police that
are in accordance with the rules issued by the Department
of Agriculture under this Act. A physical inventory shall
be performed of all plants and cannabis on a weekly basis
by the cultivation center;
(7) verification from the Illinois State Police that
all background checks of the prospective principal
officers, board members, and agents of the cannabis
business establishment have been conducted;
(8) a copy of the current local zoning ordinance or
permit and verification that the proposed cultivation
center is in compliance with the local zoning rules and
distance limitations established by the local
jurisdiction;
(9) proposed employment practices, in which the
applicant must demonstrate a plan of action to inform,
hire, and educate minorities, women, veterans, and persons
with disabilities, engage in fair labor practices, and
provide worker protections;

10400SB3222ham002 - 535 - LRB104 19119 BDA 38710 a
(10) whether an applicant can demonstrate experience
in or business practices that promote economic empowerment
in Disproportionately Impacted Areas;
(11) experience with the cultivation of agricultural
or horticultural products, operating an agriculturally
related business, or operating a horticultural business;
(12) a description of the enclosed, locked facility
where cannabis will be grown, harvested, manufactured,
processed, packaged, or otherwise prepared for
distribution to a dispensing organization;
(13) a survey of the enclosed, locked facility,
including the space used for cultivation;
(14) cultivation, processing, inventory, and packaging
plans;
(15) a description of the applicant's experience with
agricultural cultivation techniques and industry
standards;
(16) a list of any academic degrees, certifications,
or relevant experience of all prospective principal
officers, board members, and agents of the related
business;
(17) the identity of every person having a financial
or voting interest of 5% or greater in the cultivation
center operation with respect to which the license is
sought, whether a trust, corporation, partnership, limited
liability company, or sole proprietorship, including the

10400SB3222ham002 - 536 - LRB104 19119 BDA 38710 a
name and address of each person;
(18) a plan describing how the cultivation center will
address each of the following:
(i) energy needs, including estimates of monthly
electricity and gas usage, to what extent it will
procure energy from a local utility or from on-site
generation, and if it has or will adopt a sustainable
energy use and energy conservation policy;
(ii) water needs, including estimated water draw
and if it has or will adopt a sustainable water use and
water conservation policy; and
(iii) waste management, including if it has or
will adopt a waste reduction policy;
(19) a diversity plan that includes a narrative of not
more than 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;
(20) any other information required by rule;
(21) a recycling plan:
(A) Purchaser packaging, including cartridges,
shall be accepted by the applicant and recycled.
(B) Any recyclable waste generated by the cannabis
cultivation facility shall be recycled per applicable
State and local laws, ordinances, and rules.
(C) Any cannabis waste, liquid waste, or hazardous

10400SB3222ham002 - 537 - LRB104 19119 BDA 38710 a
waste shall be disposed of in accordance with 8 Ill.
Adm. Code 1000.460, except, to the greatest extent
feasible, all cannabis plant waste will be rendered
unusable by grinding and incorporating the cannabis
plant waste with compostable mixed waste to be
disposed of in accordance with 8 Ill. Adm. Code
1000.460(g)(1);
(22) commitment to comply with local waste provisions:
a cultivation facility must remain in compliance with
applicable State and federal environmental requirements,
including, but not limited to:
(A) storing, securing, and managing all
recyclables and waste, including organic waste
composed of or containing finished cannabis and
cannabis products, in accordance with applicable State
and local laws, ordinances, and rules; and
(B) disposing liquid waste containing cannabis or
byproducts of cannabis processing in compliance with
all applicable State and federal requirements,
including, but not limited to, the cannabis
cultivation facility's permits under Title X of the
Environmental Protection Act; and
(23) a commitment to a technology standard for
resource efficiency of the cultivation center facility.
(A) A cannabis cultivation facility commits to use
resources efficiently, including energy and water. For

10400SB3222ham002 - 538 - LRB104 19119 BDA 38710 a
the following, a cannabis cultivation facility commits
to meet or exceed the technology standard identified
in items (i), (ii), (iii), and (iv), which may be
modified by rule:
(i) lighting systems, including light bulbs;
(ii) HVAC system;
(iii) water application system to the crop;
and
(iv) filtration system for removing
contaminants from wastewater.
(B) Lighting. The Lighting Power Densities (LPD)
for cultivation space commits to not exceed an average
of 36 watts per gross square foot of active and growing
space canopy, or all installed lighting technology
shall meet a photosynthetic photon efficacy (PPE) of
no less than 2.2 micromoles per joule fixture and
shall be featured on the DesignLights Consortium (DLC)
Horticultural Specification Qualified Products List
(QPL). In the event that DLC requirement for minimum
efficacy exceeds 2.2 micromoles per joule fixture,
that PPE shall become the new standard.
(C) HVAC.
(i) The For cannabis grow operations with less
than 6,000 square feet of canopy, the licensee
commits that all HVAC units will be
high-efficiency ductless split HVAC units, or

10400SB3222ham002 - 539 - LRB104 19119 BDA 38710 a
other more energy efficient equipment.
(ii) (Blank). For cannabis grow operations
with 6,000 square feet of canopy or more, the
licensee commits that all HVAC units will be
variable refrigerant flow HVAC units, or other
more energy efficient equipment.
(D) Water application.
(i) The cannabis cultivation facility commits
to use automated watering systems, including, but
not limited to, drip irrigation and flood tables,
to irrigate cannabis crop.
(ii) The cannabis cultivation facility commits
to measure runoff from watering events and report
this volume in its water usage plan, and that on
average, watering events shall have no more than
20% of runoff of water.
(E) Filtration. The cultivator commits that HVAC
condensate, dehumidification water, excess runoff, and
other wastewater produced by the cannabis cultivation
facility shall be captured and filtered to the best of
the facility's ability to achieve the quality needed
to be reused in subsequent watering rounds.
(F) Reporting energy use and efficiency as
required by rule.
(b) Applicants must submit all required information,
including the information required in Section 20-10, to the

10400SB3222ham002 - 540 - LRB104 19119 BDA 38710 a
Department of Agriculture. Failure by an applicant to submit
all required information may result in the application being
disqualified.
(c) If the Department of Agriculture receives an
application with missing information, the Department of
Agriculture may issue a deficiency notice to the applicant.
The applicant shall have 10 calendar days from the date of the
deficiency notice to resubmit the incomplete information.
Applications that are still incomplete after this opportunity
to cure will not be scored and will be disqualified.
(d) (Blank).
(e) A cultivation center that is awarded a Conditional
Adult Use Cultivation Center License pursuant to the criteria
in Section 20-20 shall not grow, purchase, possess, or sell
cannabis or cannabis-infused products until the person has
received an Adult Use Cultivation Center License issued by the
Department of Agriculture pursuant to Section 20-21 of this
Act.
(Source: P.A. 104-417, eff. 8-15-25.)
(410 ILCS 705/20-30)
Sec. 20-30. Cultivation center requirements; prohibitions.
(a) The operating documents of a cultivation center shall
include procedures for the oversight of the cultivation
center, a cannabis plant monitoring system including a
physical inventory recorded weekly, accurate recordkeeping,

10400SB3222ham002 - 541 - LRB104 19119 BDA 38710 a
and a staffing plan.
(b) A cultivation center shall implement a security plan
reviewed by the Illinois State Police that includes, but is
not limited to: facility access controls, perimeter intrusion
detection systems, personnel identification systems, 24-hour
surveillance system to monitor the interior and exterior of
the cultivation center facility and accessibility to
authorized law enforcement, the Department of Public Health
where processing takes place, and the Department of
Agriculture in real time.
(c) All cultivation of cannabis by a cultivation center
must take place in an enclosed, locked facility at the
physical address provided to the Department of Agriculture
during the licensing process. The cultivation center location
shall only be accessed by the agents working for the
cultivation center, the Department of Agriculture staff
performing inspections, the Department of Public Health staff
performing inspections, local and State law enforcement or
other emergency personnel, contractors working on jobs
unrelated to cannabis, such as installing or maintaining
security devices or performing electrical wiring, transporting
organization agents as provided in this Act, individuals in a
mentoring or educational program approved by the State, or
other individuals as provided by rule.
(d) A cultivation center may not sell or distribute any
cannabis or cannabis-infused products to any person other than

10400SB3222ham002 - 542 - LRB104 19119 BDA 38710 a
a dispensing organization, craft grower, infuser organization,
transporter, or as otherwise authorized by rule.
(e) A cultivation center may not either directly or
indirectly discriminate in price between different dispensing
organizations, craft growers, or infuser organizations that
are purchasing a like grade, strain, brand, and quality of
cannabis or cannabis-infused product. Nothing in this
subsection (e) prevents a cultivation center from pricing
cannabis differently based on differences in the cost of
manufacturing or processing, the quantities sold, such as
volume discounts, or the way the products are delivered.
(f) All cannabis harvested by a cultivation center and
intended for distribution to a dispensing organization must be
entered into a data collection system, packaged and labeled
under Section 55-21, and placed into a cannabis container for
transport. All cannabis harvested by a cultivation center and
intended for distribution to a craft grower or infuser
organization must be packaged in a labeled cannabis container
and entered into a data collection system before transport.
(g) Cultivation centers are subject to random inspections
by the Department of Agriculture, the Department of Public
Health, local safety or health inspectors, the Illinois State
Police, or as provided by rule.
(h) A cultivation center agent shall notify local law
enforcement, the Illinois State Police, and the Department of
Agriculture within 24 hours of the discovery of any loss or

10400SB3222ham002 - 543 - LRB104 19119 BDA 38710 a
theft. Notification shall be made by phone or in person, or by
written or electronic communication.
(i) A cultivation center shall comply with all State and
any applicable federal rules and regulations regarding the use
of pesticides on cannabis plants.
(j) No person or entity shall hold any legal, equitable,
ownership, or beneficial interest, directly or indirectly, of
more than 3 cultivation centers licensed under this Article.
Further, no person or entity that is employed by, an agent of,
has a contract to receive payment in any form from a
cultivation center, is a principal officer of a cultivation
center, or entity controlled by or affiliated with a principal
officer of a cultivation center shall hold any legal,
equitable, ownership, or beneficial interest, directly or
indirectly, in a cultivation that would result in the person
or entity owning or controlling in combination with any
cultivation center, principal officer of a cultivation center,
or entity controlled or affiliated with a principal officer of
a cultivation center by which he, she, or it is employed, is an
agent of, or participates in the management of, more than 3
cultivation center licenses.
(k) A cultivation center may not contain more than 210,000
square feet of canopy space for plants in the flowering stage
for cultivation of adult use cannabis as provided in this Act.
(l) A cultivation center may process cannabis, cannabis
concentrates, and cannabis-infused products.

10400SB3222ham002 - 544 - LRB104 19119 BDA 38710 a
(m) Beginning July 1, 2020, a cultivation center shall not
transport cannabis or cannabis-infused products to a craft
grower, dispensing organization, infuser organization, or
laboratory licensed under this Act, unless it has obtained a
transporting organization license.
(n) It is unlawful for any person having a cultivation
center license or any officer, associate, member,
representative, or agent of such licensee to offer or deliver
money, or anything else of value, directly or indirectly to
any person having an Early Approval Adult Use Dispensing
Organization License, a Conditional Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act, or to any person connected with or in any way
representing, or to any member of the family of, such person
holding an Early Approval Adult Use Dispensing Organization
License, a Conditional Adult Use Dispensing Organization
License, an Adult Use Dispensing Organization License, or a
medical cannabis dispensing organization license issued under
the Compassionate Use of Medical Cannabis Program Act, or to
any stockholders in any corporation engaged in the retail sale
of cannabis, or to any officer, manager, agent, or
representative of the Early Approval Adult Use Dispensing
Organization License, a Conditional Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization

10400SB3222ham002 - 545 - LRB104 19119 BDA 38710 a
License, or a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act to obtain preferential placement within the dispensing
organization, including, without limitation, on shelves and in
display cases where purchasers can view products, or on the
dispensing organization's website.
(o) A cultivation center must comply with any other
requirements or prohibitions set by administrative rule of the
Department of Agriculture.
(p) Cultivation centers shall retain at least 60 days of
camera storage in any location or otherwise provided by rule.
The Department may require footage to be maintained for
purposes of an investigation.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22.)
(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

10400SB3222ham002 - 546 - LRB104 19119 BDA 38710 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 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
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

10400SB3222ham002 - 547 - LRB104 19119 BDA 38710 a
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 Illinois 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
any required tax returns or paying any amounts owed to the
State of Illinois.
(f-5) An agent applicant may begin employment at a
cultivation center while the agent applicant's identification
card application is pending. Upon approval, the Department
shall issue the agent's identification card to the agent. If
denied, the cultivation center and the agent applicant shall
be notified and the agent applicant must cease all activity at
the infuser organization immediately.
(g) The Department and the Department of Financial and
Professional Regulation may develop and implement an
integrated system to issue an agent identification card that

10400SB3222ham002 - 548 - LRB104 19119 BDA 38710 a
identifies a cultivation center agent licensed by the
Department, as well as any craft grower, transporter,
dispensing organization, community college program, or infuser
license or registration the agent may simultaneously hold.
(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.)
(410 ILCS 705/20-45)
Sec. 20-45. Renewal of cultivation center licenses and
agent identification cards.
(a) Licenses and identification cards issued under this
Act shall be renewed annually. A cultivation center shall
receive written or electronic notice 90 days before the
expiration of its current license that the license will
expire. The Department of Agriculture shall grant a renewal
within 45 days of submission of a renewal application if:
(1) the cultivation center submits a renewal
application and the required nonrefundable renewal fee of
$100,000, or another amount as the Department of
Agriculture may set by rule after January 1, 2021, to be
deposited into the Cannabis Regulation Fund.
(2) the Department of Agriculture has not suspended
the license of the cultivation center or suspended or
revoked the license for violating this Act or rules
adopted under this Act;
(3) the cultivation center has continued to operate in
accordance with all plans submitted as part of its

10400SB3222ham002 - 549 - LRB104 19119 BDA 38710 a
application and approved by the Department of Agriculture
or any amendments thereto that have been approved by the
Department of Agriculture;
(4) the cultivation center has submitted an agent,
employee, contracting, and subcontracting diversity report
as required by the Department; and
(5) the cultivation center has submitted an
environmental impact report.
(b) If a cultivation center fails to renew its license
before expiration, it shall cease operations until its license
is renewed.
(c) If a cultivation center agent fails to renew his or her
identification card before its expiration, he or she shall
cease to work as an agent of the cultivation center until his
or her identification card is renewed.
(d) Any cultivation center that continues to operate, or
any cultivation center agent who continues to work as an
agent, after the applicable license or identification card has
expired without renewal is subject to the penalties provided
under Section 45-5.
(e) The Department of Agriculture shall not renew a
license or 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.
(Source: P.A. 101-27, eff. 6-25-19.)

10400SB3222ham002 - 550 - LRB104 19119 BDA 38710 a
(410 ILCS 705/20-60 new)
Sec. 20-60. Unlicensed practice; violation; civil penalty.
(a) In addition to any other penalty provided by law, any
person who practices, offers to practice, attempts to
practice, or holds oneself out to practice as a cultivation
center, infuser, or craft grower, principal officer,
agent-in-charge, or agent or who cultivates, processes,
distributes, sells, or offers for sale cannabis,
cannabis-infused products, cannabis concentrates, or cannabis
flower without being licensed under this Act shall, in
addition to any other penalty provided by law, pay a civil
penalty to the Department of Agriculture in an amount not to
exceed $10,000 for each offense. Each day any person engages
in unlicensed practice in violation of the provisions of this
Section constitutes a separate offense. The civil penalty
shall be assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding
hearings for the discipline of a licensee.
(b) The Department, the Attorney General, any State or
local law enforcement agency, or any State's Attorney has the
authority and power to investigate any and all unlicensed
activity described under this Section.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty or
in accordance with the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and

10400SB3222ham002 - 551 - LRB104 19119 BDA 38710 a
execution had thereon in the same manner as any judgment from
any court of this State.
(d) In addition to any other remedies or penalties
provided by law, a unit of local government may suspend or
revoke any locally established licenses held by the person,
prohibit the person from further operations, and seize any
cannabis or THC product.
(e) A violation of subsection (a) is an unlawful practice
under Section 2 of the Consumer Fraud and Deceptive Business
Practices Act. All remedies, penalties, and authority granted
to the Attorney General under that Act shall be available for
the enforcement of this Act.
(f) Nothing in this Section prohibits a unit of local
government from enacting a local law or ordinance to carry out
enforcement activities and assess civil penalties against
unlicensed cannabis sales.
(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

10400SB3222ham002 - 552 - LRB104 19119 BDA 38710 a
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
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;

10400SB3222ham002 - 553 - LRB104 19119 BDA 38710 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 community college employing
the agent.
(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 Illinois State Police and the Department of Agriculture
immediately upon discovery of the loss.
(f) An agent applicant may begin employment at a Community
College Cannabis Vocational Training Pilot Program while the
agent applicant's identification card application is pending.
Upon approval, the Department shall issue the agent's
identification card to the agent. If denied, the Community
College Cannabis Vocational Training Pilot Program and the
agent applicant shall be notified and the agent applicant must
cease all activity at the Community College Cannabis
Vocational Training Pilot Program immediately.
(g) The Department of Agriculture 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.
(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21;

10400SB3222ham002 - 554 - LRB104 19119 BDA 38710 a
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(410 ILCS 705/30-10)
Sec. 30-10. Application.
(a) When applying for a license, the applicant shall
electronically submit the following in such form as the
Department of Agriculture may direct:
(1) the nonrefundable application fee of $5,000 to be
deposited into the Cannabis Regulation Fund, or another
amount as the Department of Agriculture may set by rule
after January 1, 2021;
(2) the legal name of the craft grower;
(3) the proposed physical address of the craft grower;
(4) the name, address, social security number, and
date of birth of each principal officer and board member
of the craft grower; each principal officer and board
member shall be at least 21 years of age;
(5) the details of any administrative or judicial
proceeding in which any of the principal officers or board
members of the craft grower (i) pled guilty, were
convicted, were fined, or had a registration or license
suspended or revoked or (ii) managed or served on the
board of a business or non-profit organization that pled
guilty, was convicted, was fined, or had a registration or
license suspended or revoked;
(6) proposed operating bylaws that include procedures

10400SB3222ham002 - 555 - LRB104 19119 BDA 38710 a
for the oversight of the craft grower, including the
development and implementation of a plant monitoring
system, accurate recordkeeping, staffing plan, and
security plan approved by the Illinois State Police that
are in accordance with the rules issued by the Department
of Agriculture under this Act; a physical inventory shall
be performed of all plants and on a weekly basis by the
craft grower;
(7) verification from the Illinois State Police that
all background checks of the prospective principal
officers, board members, and agents of the cannabis
business establishment have been conducted;
(8) a copy of the current local zoning ordinance or
permit and verification that the proposed craft grower is
in compliance with the local zoning rules and distance
limitations established by the local jurisdiction;
(9) proposed employment practices, in which the
applicant must demonstrate a plan of action to inform,
hire, and educate minorities, women, veterans, and persons
with disabilities, engage in fair labor practices, and
provide worker protections;
(10) whether an applicant can demonstrate experience
in or business practices that promote economic empowerment
in Disproportionately Impacted Areas;
(11) experience with the cultivation of agricultural
or horticultural products, operating an agriculturally

10400SB3222ham002 - 556 - LRB104 19119 BDA 38710 a
related business, or operating a horticultural business;
(12) a description of the enclosed, locked facility
where cannabis will be grown, harvested, manufactured,
packaged, or otherwise prepared for distribution to a
dispensing organization or other cannabis business
establishment;
(13) a survey of the enclosed, locked facility,
including the space used for cultivation;
(14) cultivation, processing, inventory, and packaging
plans;
(15) a description of the applicant's experience with
agricultural cultivation techniques and industry
standards;
(16) a list of any academic degrees, certifications,
or relevant experience of all prospective principal
officers, board members, and agents of the related
business;
(17) the identity of every person having a financial
or voting interest of 5% or greater in the craft grower
operation, whether a trust, corporation, partnership,
limited liability company, or sole proprietorship,
including the name and address of each person;
(18) a plan describing how the craft grower will
address each of the following:
(i) energy needs, including estimates of monthly
electricity and gas usage, to what extent it will

10400SB3222ham002 - 557 - LRB104 19119 BDA 38710 a
procure energy from a local utility or from on-site
generation, and if it has or will adopt a sustainable
energy use and energy conservation policy;
(ii) water needs, including estimated water draw
and if it has or will adopt a sustainable water use and
water conservation policy; and
(iii) waste management, including if it has or
will adopt a waste reduction policy;
(19) a recycling plan:
(A) Purchaser packaging, including cartridges,
shall be accepted by the applicant and recycled.
(B) Any recyclable waste generated by the craft
grower facility shall be recycled per applicable State
and local laws, ordinances, and rules.
(C) Any cannabis waste, liquid waste, or hazardous
waste shall be disposed of in accordance with 8 Ill.
Adm. Code 1000.460, except, to the greatest extent
feasible, all cannabis plant waste will be rendered
unusable by grinding and incorporating the cannabis
plant waste with compostable mixed waste to be
disposed of in accordance with 8 Ill. Adm. Code
1000.460(g)(1);
(20) a commitment to comply with local waste
provisions: a craft grower facility must remain in
compliance with applicable State and federal environmental
requirements, including, but not limited to:

10400SB3222ham002 - 558 - LRB104 19119 BDA 38710 a
(A) storing, securing, and managing all
recyclables and waste, including organic waste
composed of or containing finished cannabis and
cannabis products, in accordance with applicable State
and local laws, ordinances, and rules; and
(B) disposing liquid waste containing cannabis or
byproducts of cannabis processing in compliance with
all applicable State and federal requirements,
including, but not limited to, the cannabis
cultivation facility's permits under Title X of the
Environmental Protection Act;
(21) a commitment to a technology standard for
resource efficiency of the craft grower facility.
(A) A craft grower facility commits to use
resources efficiently, including energy and water. For
the following, a craft grower cannabis cultivation
facility commits to meet or exceed the technology
standard identified in paragraphs (i), (ii), (iii),
and (iv), which may be modified by rule:
(i) lighting systems, including light bulbs;
(ii) HVAC system;
(iii) water application system to the crop;
and
(iv) filtration system for removing
contaminants from wastewater.
(B) Lighting. The Lighting Power Densities (LPD)

10400SB3222ham002 - 559 - LRB104 19119 BDA 38710 a
for cultivation space commits to not exceed an average
of 36 watts per gross square foot of active and growing
space canopy, or all installed lighting technology
shall meet a photosynthetic photon efficacy (PPE) of
no less than 2.2 micromoles per joule fixture and
shall be featured on the DesignLights Consortium (DLC)
Horticultural Specification Qualified Products List
(QPL). In the event that DLC requirement for minimum
efficacy exceeds 2.2 micromoles per joule fixture,
that PPE shall become the new standard.
(C) HVAC.
(i) The For cannabis grow operations with less
than 6,000 square feet of canopy, the licensee
commits that all HVAC units will be
high-efficiency ductless split HVAC units, or
other more energy efficient equipment.
(ii) (Blank). For cannabis grow operations
with 6,000 square feet of canopy or more, the
licensee commits that all HVAC units will be
variable refrigerant flow HVAC units, or other
more energy efficient equipment.
(D) Water application.
(i) The craft grower facility commits to use
automated watering systems, including, but not
limited to, drip irrigation and flood tables, to
irrigate cannabis crop.

10400SB3222ham002 - 560 - LRB104 19119 BDA 38710 a
(ii) The craft grower facility commits to
measure runoff from watering events and report
this volume in its water usage plan, and that on
average, watering events shall have no more than
20% of runoff of water.
(E) Filtration. The craft grower commits that HVAC
condensate, dehumidification water, excess runoff, and
other wastewater produced by the craft grower facility
shall be captured and filtered to the best of the
facility's ability to achieve the quality needed to be
reused in subsequent watering rounds.
(F) Reporting energy use and efficiency as
required by rule; and
(22) any other information required by rule.
(b) Applicants must submit all required information,
including the information required in Section 30-15, to the
Department of Agriculture. Failure by an applicant to submit
all required information may result in the application being
disqualified.
(c) If the Department of Agriculture receives an
application with missing information, the Department of
Agriculture may issue a deficiency notice to the applicant.
The applicant shall have 10 calendar days from the date of the
deficiency notice to resubmit the incomplete information.
Applications that are still incomplete after this opportunity
to cure will not be scored and will be disqualified.

10400SB3222ham002 - 561 - LRB104 19119 BDA 38710 a
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-538, eff. 8-20-21.)
(410 ILCS 705/30-30)
Sec. 30-30. Craft grower requirements; prohibitions.
(a) The operating documents of a craft grower shall
include procedures for the oversight of the craft grower, a
cannabis plant monitoring system including a physical
inventory recorded weekly, accurate recordkeeping, and a
staffing plan.
(b) A craft grower shall implement a security plan
reviewed by the Illinois State Police that includes, but is
not limited to: facility access controls, perimeter intrusion
detection systems, personnel identification systems, and a
24-hour surveillance system to monitor the interior and
exterior of the craft grower facility and that is accessible
to authorized law enforcement and the Department of
Agriculture in real time.
(c) All cultivation of cannabis by a craft grower must
take place in an enclosed, locked facility at the physical
address provided to the Department of Agriculture during the
licensing process. The craft grower location shall only be
accessed by the agents working for the craft grower, the
Department of Agriculture staff performing inspections, the
Department of Public Health staff performing inspections,
State and local law enforcement or other emergency personnel,

10400SB3222ham002 - 562 - LRB104 19119 BDA 38710 a
contractors working on jobs unrelated to cannabis, such as
installing or maintaining security devices or performing
electrical wiring, transporting organization agents as
provided in this Act, or participants in the incubator
program, individuals in a mentoring or educational program
approved by the State, or other individuals as provided by
rule. However, if a craft grower shares a premises with an
infuser or dispensing organization, agents from those other
licensees may access the craft grower portion of the premises
if that is the location of common bathrooms, lunchrooms,
locker rooms, or other areas of the building where work or
cultivation of cannabis is not performed. At no time may an
infuser or dispensing organization agent perform work at a
craft grower without being a registered agent of the craft
grower.
(d) A craft grower may not sell or distribute any cannabis
to any person other than a cultivation center, a craft grower,
an infuser organization, a dispensing organization, or as
otherwise authorized by rule.
(e) A craft grower may not be located in an area zoned for
residential use.
(f) A craft grower may not either directly or indirectly
discriminate in price between different cannabis business
establishments that are purchasing a like grade, strain,
brand, and quality of cannabis or cannabis-infused product.
Nothing in this subsection (f) prevents a craft grower from

10400SB3222ham002 - 563 - LRB104 19119 BDA 38710 a
pricing cannabis differently based on differences in the cost
of manufacturing or processing, the quantities sold, such as
volume discounts, or the way the products are delivered.
(g) All cannabis harvested by a craft grower and intended
for distribution to a dispensing organization must be entered
into a data collection system, packaged and labeled under
Section 55-21, and, if distribution is to a dispensing
organization that does not share a premises with the
dispensing organization receiving the cannabis, placed into a
cannabis container for transport. All cannabis harvested by a
craft grower and intended for distribution to a cultivation
center, to an infuser organization, or to a craft grower with
which it does not share a premises, must be packaged in a
labeled cannabis container and entered into a data collection
system before transport.
(h) Craft growers are subject to random inspections by the
Department of Agriculture, local safety or health inspectors,
the Illinois State Police, or as provided by rule.
(i) A craft grower agent shall notify local law
enforcement, the Illinois State Police, and the Department of
Agriculture within 24 hours of the discovery of any loss or
theft. Notification shall be made by phone, in person, or
written or electronic communication.
(j) A craft grower shall comply with all State and any
applicable federal rules and regulations regarding the use of
pesticides.

10400SB3222ham002 - 564 - LRB104 19119 BDA 38710 a
(k) A craft grower or craft grower agent shall not
transport cannabis or cannabis-infused products to any other
cannabis business establishment without a transport
organization license unless:
(i) If the craft grower is located in a county with a
population of 3,000,000 or more, the cannabis business
establishment receiving the cannabis is within 2,000 feet
of the property line of the craft grower;
(ii) If the craft grower is located in a county with a
population of more than 700,000 but fewer than 3,000,000,
the cannabis business establishment receiving the cannabis
is within 2 miles of the craft grower; or
(iii) If the craft grower is located in a county with a
population of fewer than 700,000, the cannabis business
establishment receiving the cannabis is within 15 miles of
the craft grower.
(l) A craft grower may enter into a contract with a
transporting organization to transport cannabis to a
cultivation center, a craft grower, an infuser organization, a
dispensing organization, or a laboratory.
(m) No person or entity shall hold any legal, equitable,
ownership, or beneficial interest, directly or indirectly, of
more than 3 craft grower licenses. Further, no person or
entity that is employed by, an agent of, or has a contract to
receive payment from or participate in the management of a
craft grower, is a principal officer of a craft grower, or

10400SB3222ham002 - 565 - LRB104 19119 BDA 38710 a
entity controlled by or affiliated with a principal officer of
a craft grower shall hold any legal, equitable, ownership, or
beneficial interest, directly or indirectly, in a craft grower
license that would result in the person or entity owning or
controlling in combination with any craft grower, principal
officer of a craft grower, or entity controlled or affiliated
with a principal officer of a craft grower by which he, she, or
it is employed, is an agent of, or participates in the
management of more than 3 craft grower licenses.
(n) It is unlawful for any person having a craft grower
license or any officer, associate, member, representative, or
agent of the licensee to offer or deliver money, or anything
else of value, directly or indirectly, to any person having an
Early Approval Adult Use Dispensing Organization License, a
Conditional Adult Use Dispensing Organization License, an
Adult Use Dispensing Organization License, or a medical
cannabis dispensing organization license issued under the
Compassionate Use of Medical Cannabis Program Act, or to any
person connected with or in any way representing, or to any
member of the family of, the person holding an Early Approval
Adult Use Dispensing Organization License, a Conditional Adult
Use Dispensing Organization License, an Adult Use Dispensing
Organization License, or a medical cannabis dispensing
organization license issued under the Compassionate Use of
Medical Cannabis Program Act, or to any stockholders in any
corporation engaged in the retail sale of cannabis, or to any

10400SB3222ham002 - 566 - LRB104 19119 BDA 38710 a
officer, manager, agent, or representative of the Early
Approval Adult Use Dispensing Organization License, a
Conditional Adult Use Dispensing Organization License, an
Adult Use Dispensing Organization License, or a medical
cannabis dispensing organization license issued under the
Compassionate Use of Medical Cannabis Program Act to obtain
preferential placement within the dispensing organization,
including, without limitation, on shelves and in display cases
where purchasers can view products, or on the dispensing
organization's website.
(o) A craft grower shall not be located within 1,500 feet
of another craft grower or a cultivation center.
(p) A craft grower may process cannabis, cannabis
concentrates, and cannabis-infused products.
(q) A craft grower must comply with any other requirements
or prohibitions set by administrative rule of the Department
of Agriculture.
(r) Craft growers shall retain at least 60 days of camera
storage in any location or otherwise provided by rule. The
Department may require footage to be maintained for purposes
of an investigation.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22.)
(410 ILCS 705/30-35)

10400SB3222ham002 - 567 - LRB104 19119 BDA 38710 a
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
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

10400SB3222ham002 - 568 - LRB104 19119 BDA 38710 a
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;
(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 Illinois 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
any required tax returns or paying any amounts owed to the
State of Illinois.
(f-5) An agent applicant may begin employment at a craft

10400SB3222ham002 - 569 - LRB104 19119 BDA 38710 a
grower while the agent applicant's identification card
application is pending. Upon approval, the Department shall
issue the agent's identification card to the agent. If denied,
the craft grower and the agent applicant shall be notified and
the agent applicant must cease all activity at the infuser
organization immediately.
(g) The Department and the Department of Financial and
Professional Regulation may develop and implement an
integrated system to issue an agent identification card that
identifies a craft grower agent licensed by the Department as
well as any cultivator, dispensary, transporter, community
college program, or infuser license or registration the agent
may simultaneously hold.
(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.)
(410 ILCS 705/30-45)
Sec. 30-45. Renewal of craft grower licenses and agent
identification cards.
(a) Licenses and identification cards issued under this
Act shall be renewed annually. A craft grower shall receive
written or electronic notice 90 days before the expiration of
its current license that the license will expire. The
Department of Agriculture shall grant a renewal within 45 days
of submission of a renewal application if:
(1) the craft grower submits a renewal application and
the required nonrefundable renewal fee of $40,000, or

10400SB3222ham002 - 570 - LRB104 19119 BDA 38710 a
another amount as the Department of Agriculture may set by
rule after January 1, 2021;
(2) the Department of Agriculture has not suspended
the license of the craft grower or suspended or revoked
the license for violating this Act or rules adopted under
this Act;
(3) the craft grower has continued to operate in
accordance with all plans submitted as part of its
application and approved by the Department of Agriculture
or any amendments thereto that have been approved by the
Department of Agriculture;
(4) the craft grower has submitted an agent, employee,
contracting, and subcontracting diversity report as
required by the Department; and
(5) the craft grower has submitted an environmental
impact report.
(b) If a craft grower fails to renew its license before
expiration, it shall cease operations until its license is
renewed.
(c) If a craft grower agent fails to renew his or her
identification card before its expiration, he or she shall
cease to work as an agent of the craft grower organization
until his or her identification card is renewed.
(d) Any craft grower that continues to operate, or any
craft grower agent who continues to work as an agent, after the
applicable license or identification card has expired without

10400SB3222ham002 - 571 - LRB104 19119 BDA 38710 a
renewal is subject to the penalties provided under Section
45-5.
(e) All fees or fines collected from the renewal of a craft
grower license shall be deposited into the Cannabis Regulation
Fund.
(f) The Department of Agriculture shall not renew a
license or 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.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/35-18 new)
Sec. 35-18. Social equity experience lottery.
(a) The Department shall, by rule, develop an application,
submission, review, and deficiency process to issue at least
45 infuser licenses by January 1, 2027 and may issue up to 100
additional licenses beginning January 1, 2028. The licenses
shall be issued to applicants that are 51% owned by
individuals who meet the following social equity criteria:
(1) The applicant must satisfy one of the following
geographic criteria:
(A) the individual must have resided for at least
5 of the preceding 10 years in a census tract that has
a poverty rate of at least 20% according to the latest
5-year American Community Survey (Table S1701: Poverty
Status in the Past 12 Months) that is publicly

10400SB3222ham002 - 572 - LRB104 19119 BDA 38710 a
available at the start of the application submission
window;
(B) the individual must have resided for at least
5 of the preceding 10 years in a census tract where at
least 20% of the households receive assistance under
the Supplemental Nutrition Assistance Program in the
latest 5-year American Community Survey (Table S2201:
Food Stamps/Supplemental Nutrition Assistance Program
(SNAP)) that is publicly available at the start of the
application submission;
(C) the individual must have resided for at least
5 of the preceding 10 years in a census tract area
classified as "low income and low access" where at
least 100 households are more than one-half mile from
the nearest supermarket and have no access to a
vehicle or a significant number (at least 500 people)
or share (at least 33%) of the population is greater
than one mile from the nearest supermarket,
supercenter, or large grocery store for an urban area
or greater than 20 miles for a rural area, as
classified by the latest United States Department of
Agriculture Economic Research Service's Food Access
Research Atlas data set that is publicly available at
the start of the application submission window;
(D) the individual must have received Medicaid,
Supplemental Security Income, Social Security

10400SB3222ham002 - 573 - LRB104 19119 BDA 38710 a
Disability, or subsidized housing for at least 5 of
the preceding 10 years; or
(E) the individual must have resided for at least
5 of the preceding 10 years in a census tract in the
top 15th percentile for the percent of residents in
the census tract failing to graduate from high school
in that state, as classified by the latest 5-year
American Community Survey (Table S1501: Educational
Attainment) that is publicly available at the start of
the application submission window.
The Department may update or adjust the criteria in
this paragraph (1) by rule.
(2) The individual must satisfy one of the following
social equity criteria:
(A) the individual must have been arrested for,
convicted of, or adjudicated delinquent for an
offense, or substantially similar offense under
federal or State law or under a substantially similar
law of another State for possession of not more than
500 grams of cannabis or for manufacture, delivery, or
possession with intent to deliver, or manufacture of
cannabis up to 60 grams;
(B) the individual must have been a member of a
justice-impacted family;
(C) the individual must have been a victim of an
injury caused by a firearm, as defined in the Firearm

10400SB3222ham002 - 574 - LRB104 19119 BDA 38710 a
Owners Identification Card Act, as evidenced in public
or medical records.
As used in this subparagraph (C), "victim of an
injury caused by a firearm" means:
(i) a person injured as a result of a firearm
injury perpetrated or attempted against them;
(ii) the spouse, parent, or child of a person
killed or injured as a result of a firearm injury
perpetrated or attempted against the person, or
anyone living in the household of a person killed
or injured in a relationship that is substantially
similar to that of a parent, spouse, or child;
(iii) a person injured while attempting to
assist a person against whom a firearm injury is
being perpetrated or attempted, if that attempt of
assistance would be expected of a reasonable
person under the circumstances;
(iv) a person injured while assisting a law
enforcement official apprehend a person who has
perpetrated a firearm injury or prevent the
perpetration of any such crime if that assistance
was in response to the express request of the law
enforcement official; or
(v) a person who personally witnessed a
firearm injury.
"Victim of an injury caused by a firearm" does not

10400SB3222ham002 - 575 - LRB104 19119 BDA 38710 a
include the offender who committed the criminal act or
a person who provoked or incited the crime.
(b) The Department's rules governing the lottery shall
include a bonus draw process for hemp business operators who
meet any one or more of the following criteria:
(1) The applicant was registered with the Department
as an industrial hemp processor under the Industrial Hemp
Act on or before May 1, 2026.
(2) The applicant held an industrial hemp cultivation
license issued by the Department under the Industrial Hemp
Act on or before May 1, 2026.
(3) The applicant demonstrates that, on or before May
1, 2026, it operated a business in Illinois that derived
the majority of its gross receipts from the sale or
manufacture of products containing hemp or hemp-derived
cannabinoids. The Department may establish verification
standards by rule.
(c) If the Department receives more than 45 applications,
the Department shall conduct a lottery before determining
applicant's eligibility for infuser licenses and before
issuing the infuser license.
(d) After the Department publishes the official draw
results, the Department shall conduct a verification process
to confirm that drawn applicants meet the eligibility criteria
established by this Section and by rule. Drawn applicants who
are unable to provide sufficient documentation of their

10400SB3222ham002 - 576 - LRB104 19119 BDA 38710 a
eligibility may be denied a license, and the Department may
offer the next applicant drawn from the official results an
opportunity to prove eligibility for licensure.
(e) The Department may also require, by rule, the
submission of additional plans and exhibits, including, but
not limited to, a security plan, infusing plan, employee
training plan, product safety plan, and business plan.
(f) A principal officer may not be on more than one
application.
(g) Each applicant shall pay a nonrefundable application
fee of $2,500, which shall be deposited into the Cannabis
Regulation Fund.
(h) If the Department determines that any information on
an application or in supporting documents is not truthful, the
applicant associated with the application shall be prohibited
from:
(1) participating in the lottery;
(2) being a drawn applicant; and
(3) being issued an infuser license under this
Section.
(410 ILCS 705/35-25)
Sec. 35-25. Infuser organization requirements;
prohibitions.
(a) The operating documents of an infuser shall include
procedures for the oversight of the infuser, an inventory

10400SB3222ham002 - 577 - LRB104 19119 BDA 38710 a
monitoring system including a physical inventory recorded
weekly, accurate recordkeeping, and a staffing plan.
(b) An infuser shall implement a security plan reviewed by
the Illinois State Police that includes, but is not limited
to: facility access controls, perimeter intrusion detection
systems, personnel identification systems, and a 24-hour
surveillance system to monitor the interior and exterior of
the infuser facility and that is accessible to authorized law
enforcement, the Department of Public Health, and the
Department of Agriculture in real time.
(c) All processing of cannabis by an infuser must take
place in an enclosed, locked facility at the physical address
provided to the Department of Agriculture during the licensing
process. The infuser location shall only be accessed by the
agents working for the infuser, the Department of Agriculture
staff performing inspections, the Department of Public Health
staff performing inspections, State and local law enforcement
or other emergency personnel, contractors working on jobs
unrelated to cannabis, such as installing or maintaining
security devices or performing electrical wiring, transporting
organization agents as provided in this Act, participants in
the incubator program, individuals in a mentoring or
educational program approved by the State, local safety or
health inspectors, or other individuals as provided by rule.
However, if an infuser shares a premises with a craft grower or
dispensing organization, agents from these other licensees may

10400SB3222ham002 - 578 - LRB104 19119 BDA 38710 a
access the infuser portion of the premises if that is the
location of common bathrooms, lunchrooms, locker rooms, or
other areas of the building where processing of cannabis is
not performed. At no time may a craft grower or dispensing
organization agent perform work at an infuser without being a
registered agent of the infuser.
(d) An infuser may not sell or distribute any cannabis to
any person other than a dispensing organization, or as
otherwise authorized by rule.
(e) An infuser may not either directly or indirectly
discriminate in price between different cannabis business
establishments that are purchasing a like grade, strain,
brand, and quality of cannabis or cannabis-infused product.
Nothing in this subsection (e) prevents an infuser from
pricing cannabis differently based on differences in the cost
of manufacturing or processing, the quantities sold, such
volume discounts, or the way the products are delivered.
(f) All cannabis infused by an infuser and intended for
distribution to a dispensing organization must be entered into
a data collection system, packaged and labeled under Section
55-21, and, if distribution is to a dispensing organization
that does not share a premises with the infuser, placed into a
cannabis container for transport. All cannabis produced by an
infuser and intended for distribution to a cultivation center,
infuser organization, or craft grower with which it does not
share a premises, must be packaged in a labeled cannabis

10400SB3222ham002 - 579 - LRB104 19119 BDA 38710 a
container and entered into a data collection system before
transport.
(g) Infusers are subject to random inspections by the
Department of Agriculture, the Department of Public Health,
the Illinois State Police, local law enforcement, or as
provided by rule.
(h) An infuser agent shall notify local law enforcement,
the Illinois State Police, and the Department of Agriculture
within 24 hours of the discovery of any loss or theft.
Notification shall be made by phone, in person, or by written
or electronic communication.
(i) An infuser organization may not be located in an area
zoned for residential use.
(j) An infuser or infuser agent shall not transport
cannabis or cannabis-infused products to any other cannabis
business establishment without a transport organization
license unless:
(i) If the infuser is located in a county with a
population of 3,000,000 or more, the cannabis business
establishment receiving the cannabis or cannabis-infused
product is within 2,000 feet of the property line of the
infuser;
(ii) If the infuser is located in a county with a
population of more than 700,000 but fewer than 3,000,000,
the cannabis business establishment receiving the cannabis
or cannabis-infused product is within 2 miles of the

10400SB3222ham002 - 580 - LRB104 19119 BDA 38710 a
infuser; or
(iii) If the infuser is located in a county with a
population of fewer than 700,000, the cannabis business
establishment receiving the cannabis or cannabis-infused
product is within 15 miles of the infuser.
(k) An infuser may enter into a contract with a
transporting organization to transport cannabis to a
dispensing organization or a laboratory.
(l) An infuser organization may share premises with a
craft grower 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.
(m) It is unlawful for any person or entity having an
infuser organization license or any officer, associate,
member, representative or agent of such licensee to offer or
deliver money, or anything else of value, directly or
indirectly to any person having an Early Approval Adult Use
Dispensing Organization License, a Conditional Adult Use
Dispensing Organization License, an Adult Use Dispensing
Organization License, or a medical cannabis dispensing
organization license issued under the Compassionate Use of
Medical Cannabis Program Act, or to any person connected with
or in any way representing, or to any member of the family of,
such person holding an Early Approval Adult Use Dispensing

10400SB3222ham002 - 581 - LRB104 19119 BDA 38710 a
Organization License, a Conditional Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act, or to any stockholders in any corporation engaged in the
retail sales of cannabis, or to any officer, manager, agent,
or representative of the Early Approval Adult Use Dispensing
Organization License, a Conditional Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act to obtain preferential placement within the dispensing
organization, including, without limitation, on shelves and in
display cases where purchasers can view products, or on the
dispensing organization's website.
(n) At no time shall an infuser organization or an infuser
agent perform the extraction of cannabis concentrate from
cannabis flower, except if the infuser organization has also
been issued a processor license under subsection (f) of
Section 35-31.
(o) Infusing organizations shall retain at least 60 days
of camera storage in any location or otherwise provided by
rule. The Department may require footage to be maintained for
purposes of an investigation.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.

10400SB3222ham002 - 582 - LRB104 19119 BDA 38710 a
5-13-22.)
(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
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

10400SB3222ham002 - 583 - LRB104 19119 BDA 38710 a
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.
(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 an infuser a
transporting agent shall be reported to the Illinois State
Police and the Department of Agriculture immediately upon
discovery of the loss.
(f) An agent applicant may begin employment at an infuser
organization while the agent applicant's identification card

10400SB3222ham002 - 584 - LRB104 19119 BDA 38710 a
application is pending. Upon approval, the Department shall
issue the agent's identification card to the agent. If denied,
the infuser organization and the agent applicant shall be
notified and the agent applicant must cease all activity at
the infuser organization immediately.
(g) The Department of Agriculture 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.
(h) The Department and the Department of Financial and
Professional Regulation may develop and implement an
integrated system to issue an agent identification card that
identifies an infuser agent licensed by the Department as well
as any cultivation center, craft grower, dispensary,
transporter, or community college program license or
registration the agent may simultaneously hold.
(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(410 ILCS 705/35-40)
Sec. 35-40. Renewal of infuser organization licenses and
agent identification cards.
(a) Licenses and identification cards issued under this
Act shall be renewed annually. An infuser organization shall
receive written or electronic notice 90 days before the
expiration of its current license that the license will

10400SB3222ham002 - 585 - LRB104 19119 BDA 38710 a
expire. The Department of Agriculture shall grant a renewal
within 45 days of submission of a renewal application if:
(1) the infuser organization submits a renewal
application and the required nonrefundable renewal fee of
$20,000, or, after January 1, 2021, another amount set by
rule by the Department of Agriculture, to be deposited
into the Cannabis Regulation Fund;
(2) the Department of Agriculture has not suspended or
revoked the license of the infuser organization for
violating this Act or rules adopted under this Act;
(3) the infuser organization has continued to operate
in accordance with all plans submitted as part of its
application and approved by the Department of Agriculture
or any amendments thereto that have been approved by the
Department of Agriculture;
(4) The infuser has submitted an agent, employee,
contracting, and subcontracting diversity report as
required by the Department; and
(5) The infuser has submitted an environmental impact
report.
(b) If an infuser organization fails to renew its license
before expiration, it shall cease operations until its license
is renewed.
(c) If an infuser organization agent fails to renew his or
her identification card before its expiration, he or she shall
cease to work as an agent of the infuser organization until his

10400SB3222ham002 - 586 - LRB104 19119 BDA 38710 a
or her identification card is renewed.
(d) Any infuser organization that continues to operate, or
any infuser organization agent who continues to work as an
agent, after the applicable license or identification card has
expired without renewal is subject to the penalties provided
under Section 35-25.
(e) The Department shall not renew a license or 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.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/40-5)
Sec. 40-5. Issuance of licenses.
(a) The Department shall issue transporting licenses
through a process provided for in this Article no later than
July 1, 2020.
(b) The Department shall make the application for
transporting organization licenses available on January 7,
2020 and shall receive such applications no later than March
15, 2020.
(c) Entities awarded a license under this Article shall
not be required to pay any fee required under Section 40-10 of
this Article, the nonrefundable renewal fee required under
Section 40-40 of this Article, or any other license fee
required under this Article or by rule from January 1, 2024 to

10400SB3222ham002 - 587 - LRB104 19119 BDA 38710 a
January 1, 2028 2027.
(d) From January 1, 2023 through January 1, 2028 2027, the
Department shall not make the application available for
transporting organization licenses.
(e) Upon completion of the disparity and availability
study published by the Illinois Cannabis Regulation Oversight
Officer under subsection (e) of Section 5-45, the Department
may modify or change the licensing application process to
reduce or eliminate barriers and remedy discrimination
identified in the study. Beginning January 1, 2028 2027, the
Department of Agriculture shall make the applications
available on every January 7 thereafter or, if that date falls
on a weekend or holiday, the business day immediately
succeeding the weekend or holiday and shall receive the
applications no later than March 15 or the succeeding business
day thereafter.
(Source: P.A. 103-578, eff. 12-8-23.)
(410 ILCS 705/40-25)
Sec. 40-25. Transporting organization requirements;
prohibitions.
(a) The operating documents of a transporting organization
shall include procedures for the oversight of the transporter,
an inventory monitoring system including a physical inventory
recorded weekly, accurate recordkeeping, and a staffing plan.
(b) A transporting organization may not transport cannabis

10400SB3222ham002 - 588 - LRB104 19119 BDA 38710 a
or cannabis-infused products to any person other than a
cultivation center, a craft grower, an infuser organization, a
dispensing organization, a testing facility, transfer site,
storage site, or as otherwise authorized by rule.
(c) All cannabis transported by a transporting
organization must be entered into a data collection system and
placed into a cannabis container for transport.
(d) Transporters are subject to random inspections by the
Department of Agriculture, the Department of Public Health,
the Illinois State Police, or as provided by rule.
(e) A transporting organization agent shall notify local
law enforcement, the Illinois State Police, and the Department
of Agriculture within 24 hours of the discovery of any loss or
theft. Notification shall be made by phone, in person, or by
written or electronic communication.
(f) No person under the age of 21 years shall be in a
commercial vehicle or trailer transporting cannabis goods.
(g) No person or individual who is not a transporting
organization agent shall be in a vehicle while transporting
cannabis goods.
(h) Transporters may not use commercial motor vehicles
with a weight rating of over 10,001 pounds.
(i) It is unlawful for any person to offer or deliver
money, or anything else of value, directly or indirectly, to
any of the following persons to obtain preferential placement
within the dispensing organization, including, without

10400SB3222ham002 - 589 - LRB104 19119 BDA 38710 a
limitation, on shelves and in display cases where purchasers
can view products, or on the dispensing organization's
website:
(1) a person having a transporting organization
license, or any officer, associate, member,
representative, or agent of the licensee;
(2) a person having an Early Applicant Adult Use
Dispensing Organization License, an Adult Use Dispensing
Organization License, or a medical cannabis dispensing
organization license issued under the Compassionate Use of
Medical Cannabis Program Act;
(3) a person connected with or in any way
representing, or a member of the family of, a person
holding an Early Applicant Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization
license issued under the Compassionate Use of Medical
Cannabis Program Act; or
(4) a stockholder, officer, manager, agent, or
representative of a corporation engaged in the retail sale
of cannabis, an Early Applicant Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization
license issued under the Compassionate Use of Medical
Cannabis Program Act.
(j) A transporting organization agent must keep his or her

10400SB3222ham002 - 590 - LRB104 19119 BDA 38710 a
identification card visible at all times when on the property
of a cannabis business establishment and during the
transporting of cannabis when acting under his or her duties
as a transportation organization agent. During these times,
the transporting organization agent must also provide the
identification card upon request of any law enforcement
officer engaged in his or her official duties.
(k) A copy of the transporting organization's registration
and a manifest for the delivery shall be present in any vehicle
transporting cannabis.
(l) Cannabis shall be transported so it is not visible or
recognizable from outside the vehicle.
(m) A vehicle transporting cannabis must not bear any
markings to indicate the vehicle contains cannabis or bear the
name or logo of the cannabis business establishment.
(n) Cannabis must be transported in an enclosed, locked
storage compartment that is secured or affixed to the vehicle.
(o) The Department of Agriculture may, by rule, impose any
other requirements or prohibitions on the transportation of
cannabis.
(p) A transporting organization may begin a delivery to a
cannabis business establishment at any time during the day. A
transporting organization may not be restricted from beginning
a delivery based on a cannabis business establishment's listed
business hours.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;

10400SB3222ham002 - 591 - LRB104 19119 BDA 38710 a
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22.)
(410 ILCS 705/40-50 new)
Sec. 40-50. Cannabis transporter storage site.
(a) The Department of Agriculture shall establish a
cannabis transporter storage site program for licensed
cannabis transporters that are not affiliated with a
cultivation center, craft grower, or infuser. An eligible
transporter may submit an application for modification to
operate a cannabis transporter storage site. The Department
shall review and approve the plans for a cannabis transporter
storage site. Transporters shall not conduct operations at a
cannabis transporter storage site until approved by the
Department.
(b) A cannabis transporter storage site shall be used
solely for:
(1) temporary storage of packaged, final form cannabis
or cannabis-infused products for a period not to exceed 7
calendar days;
(2) consolidation or aggregation of cannabis or
cannabis-infused products from multiple licensed
cultivation centers, craft growers, infusers, or
transporters into compliant outbound shipments; and
(3) secure handling of cannabis or cannabis-infused
products rejected by a dispensing organization or other

10400SB3222ham002 - 592 - LRB104 19119 BDA 38710 a
licensee, pending lawful return, redistribution, or other
disposition as authorized by rule.
(c) All cannabis or cannabis-infused products received,
stored, or dispatched at a cannabis transporter storage site
shall remain subject to full seed-to-sale tracking
requirements and shall be logged in the State's cannabis
tracking system at receipt and dispatch.
(d) A cannabis transporter storage site does not authorize
retail sales, processing, repackaging, relabeling, or
alteration of cannabis or cannabis-infused products.
(e) A transporter may operate up to 5 cannabis transporter
storage sites statewide.
(f) A cannabis transporter storage site shall be limited
to transporting organizations that do not have a principal
officer that is also a principal officer of a cultivation
center, craft grower, or infuser.
(g) A transporter operating a cannabis transporter storage
site may allow other transporters that are not affiliated with
a cultivation center, craft grower or infuser and that do not
operate their own cannabis transporter storage site to utilize
the storage site and store product, subject to approval by the
Department via an application for alteration. The transporter
operating the storage site may charge a reasonable fee to
recover associated costs.
(h) A cannabis transporter storage site facility shall:
(1) be fully enclosed from the outdoors, with locks or

10400SB3222ham002 - 593 - LRB104 19119 BDA 38710 a
other security devices that permit access only by
authorized individuals;
(2) be large enough to allow for 2 of the largest
vehicles used by the transporter to have all doors and
trunk or hatch open, sufficient room for an individual to
walk around each vehicle without encumbrance, and transfer
to take place out of ordinary public view;
(3) be separate from any other cannabis business
establishment; and
(4) be equipped with a surveillance system which
visually records and monitors all building entrances and
exits, all parking lot areas, and rear alley areas
immediately adjacent to the building, and covers the
entire inside of the facility.
(i) All cannabis and cannabis products shall be stored in
a vault that meets the standards of 68 Ill. Adm. Code
1291.300(g) or as otherwise set by rule by the Department.
(j) The Department may adopt rules regarding facility
specifications and operations of cannabis transporter storage
sites.
(410 ILCS 705/45-5)
Sec. 45-5. License suspension; revocation; other
penalties.
(a) Notwithstanding any other criminal penalties related
to the unlawful possession of cannabis, the Department of

10400SB3222ham002 - 594 - LRB104 19119 BDA 38710 a
Financial and Professional Regulation and the Department of
Agriculture may revoke, suspend, place on probation,
reprimand, issue cease and desist orders, refuse to issue or
renew a license, or take any other disciplinary or
nondisciplinary action as each department may deem proper with
regard to a cannabis business establishment or cannabis
business establishment agent, including fines not to exceed:
(1) $50,000 for each violation of this Act or rules
adopted under this Act by a cultivation center or
cultivation center agent;
(2) $20,000 for each violation of this Act or rules
adopted under this Act by a dispensing organization or
dispensing organization agent;
(3) $15,000 for each violation of this Act or rules
adopted under this Act by a craft grower or craft grower
agent;
(4) $10,000 for each violation of this Act or rules
adopted under this Act by an infuser organization or
infuser organization agent; and
(5) $10,000 for each violation of this Act or rules
adopted under this Act by a transporting organization or
transporting organization agent; and .
(6) $15,000 for each violation of this Act or rules
adopted under this Act by a cannabis testing facility.
(b) The Department of Financial and Professional
Regulation and the Department of Agriculture, as the case may

10400SB3222ham002 - 595 - LRB104 19119 BDA 38710 a
be, shall consider licensee cooperation in any agency or other
investigation in its determination of penalties imposed under
this Section.
(c) The procedures for disciplining a cannabis business
establishment or cannabis business establishment agent and for
administrative hearings shall be determined by rule, and shall
provide for the review of final decisions under the
Administrative Review Law.
(d) The Attorney General may also enforce a violation of
Section 55-20, Section 55-21, and Section 15-155 as an
unlawful practice under the Consumer Fraud and Deceptive
Business Practices Act.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/50-5)
Sec. 50-5. Laboratory testing.
(a) Notwithstanding any other provision of law, the
following acts, when performed by a cannabis testing facility
with a current, valid license registration, or a person 21
years of age or older who is acting in his or her capacity as
an owner, employee, or agent of a cannabis testing facility,
are not unlawful and shall not be an offense under Illinois law
or be a basis for seizure or forfeiture of assets under
Illinois law:
(1) possessing, repackaging, transporting, storing, or
displaying cannabis or cannabis-infused products;

10400SB3222ham002 - 596 - LRB104 19119 BDA 38710 a
(2) receiving or transporting cannabis or
cannabis-infused products from a cannabis business
establishment, a community college licensed under the
Community College Cannabis Vocational Training Pilot
Program, or a person 21 years of age or older; and
(3) returning or transporting cannabis or
cannabis-infused products to a cannabis business
establishment, a community college licensed under the
Community College Cannabis Vocational Training Pilot
Program, or a person 21 years of age or older.
(b)(1) No laboratory shall handle, test, or analyze
cannabis unless approved by the Department of Agriculture in
accordance with this Section.
(2) No laboratory shall be approved to handle, test, or
analyze cannabis unless the laboratory:
(A) is licensed by the Department of Agriculture;
(A-5) is accredited by a private laboratory
accrediting organization;
(B) is independent from all other persons involved in
the cannabis industry in Illinois and no person with a
direct or indirect interest in the laboratory has a direct
or indirect financial, management, or other interest in an
Illinois cultivation center, craft grower, dispensary,
infuser, transporter, certifying physician, or any other
entity in the State that may benefit from the production,
manufacture, dispensing, sale, purchase, or use of

10400SB3222ham002 - 597 - LRB104 19119 BDA 38710 a
cannabis; and
(C) has employed at least one person to oversee and be
responsible for the laboratory testing who has earned,
from a college or university accredited by a national or
regional certifying authority, at least:
(i) a master's level degree in chemical or
biological sciences and a minimum of 2 years'
post-degree laboratory experience; or
(ii) a bachelor's degree in chemical or biological
sciences and a minimum of 4 years' post-degree
laboratory experience.
(3) Each independent testing laboratory that claims to be
accredited must provide the Department of Agriculture with a
copy of the most recent annual inspection report granting
accreditation and every annual report thereafter.
(c) Immediately before manufacturing or natural processing
of any cannabis or cannabis-infused product or packaging
cannabis for sale to a dispensary, each batch shall be made
available by the cultivation center, craft grower, or infuser
for an employee of an approved laboratory to select a random
sample, which shall be tested by the approved laboratory for:
(1) microbiological contaminants;
(2) mycotoxins;
(3) pesticide active ingredients;
(4) residual solvent; and
(5) an active ingredient analysis.

10400SB3222ham002 - 598 - LRB104 19119 BDA 38710 a
(d) The Department of Agriculture may select a random
sample that shall, for the purposes of conducting an active
ingredient analysis, be tested by the Department of
Agriculture for verification of label information and any
other testing deemed necessary by the Department.
(e) A laboratory shall immediately return or dispose of
any cannabis upon the completion of any testing, use, or
research. If cannabis is disposed of, it shall be done in
compliance with Department of Agriculture rule.
(f) If a sample of cannabis does not pass the
microbiological, mycotoxin, pesticide chemical residue, or
solvent residue test, based on the standards established by
the Department of Agriculture, the following shall apply:
(1) If the sample failed the pesticide chemical
residue test, the entire batch from which the sample was
taken shall, if applicable, be recalled as provided by
rule.
(2) If the sample failed any other test, the batch may
be used to make a CO2-based or solvent based extract. After
processing, the CO2-based or solvent based extract must
still pass all required tests.
(g) The Department of Agriculture shall establish, and,
from time to time, revise, standards for microbial, mycotoxin,
pesticide residue, solvent residue, or other standards for the
presence of possible contaminants, in addition to labeling
requirements for contents and potency.

10400SB3222ham002 - 599 - LRB104 19119 BDA 38710 a
(h) The laboratory shall file with the Department of
Agriculture an electronic copy of each laboratory test result
for any batch that does not pass the microbiological,
mycotoxin, or pesticide chemical residue test, at the same
time that it transmits those results to the cultivation
center. In addition, the laboratory shall maintain the
laboratory test results for at least 5 years and make them
available at the Department of Agriculture's request.
(i) A cultivation center, craft grower, and infuser shall
provide to a dispensing organization the laboratory test
results for each batch of cannabis product purchased by the
dispensing organization, if sampled. Each dispensing
organization must have those laboratory results available upon
request to purchasers.
(j) The Department of Agriculture may adopt rules related
to testing and licensing of laboratories in furtherance of
this Act.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/55-5)
Sec. 55-5. Preparation of cannabis-infused products.
(a) The Department of Agriculture may regulate the
production of cannabis-infused products by a cultivation
center, a craft grower, an infuser organization, or a
dispensing organization and establish rules related to
refrigeration, hot-holding, and handling of cannabis-infused

10400SB3222ham002 - 600 - LRB104 19119 BDA 38710 a
products. All cannabis-infused products shall meet the
packaging and labeling requirements contained in Section
55-21.
(b) Cannabis-infused products for sale or distribution at
a dispensing organization must be prepared by an approved
agent of a cultivation center, craft grower, or infuser
organization.
(c) A cultivation center, craft grower, or infuser
organization that prepares cannabis-infused products for sale
or distribution by a dispensing organization shall be under
the operational supervision of a Department of Public Health
certified food service sanitation manager.
(d) Dispensing organizations may not manufacture, process,
or produce cannabis-infused products.
(e) The Department of Public Health shall adopt and
enforce rules for the manufacture and processing of
cannabis-infused products, and for that purpose it may at all
times enter every building, room, basement, enclosure, or
premises occupied or used, or suspected of being occupied or
used, for the production, preparation, manufacture for sale,
storage, sale, processing, distribution, or transportation of
cannabis-infused products, and to inspect the premises
together with all utensils, fixtures, furniture, and machinery
used for the preparation of these products.
(f) The Department of Agriculture shall by rule establish
a maximum level of THC that may be contained in each serving of

10400SB3222ham002 - 601 - LRB104 19119 BDA 38710 a
cannabis-infused product, and within the product package.
(g) If a local public health agency has a reasonable
belief that a cannabis-infused product poses a public health
hazard, it may refer the cultivation center, craft grower, or
infuser that manufactured or processed the cannabis-infused
product to the Department of Public Health. If the Department
of Public Health finds that a cannabis-infused product poses a
health hazard, it may bring an action for immediate injunctive
relief to require that action be taken as the court may deem
necessary to meet the hazard of the cultivation facility or
seek other relief as provided by rule.
(Source: P.A. 101-27, eff. 6-25-19.)
(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

10400SB3222ham002 - 602 - LRB104 19119 BDA 38710 a
container.
(c) Any product containing cannabis shall be sold in a
sealed, odor-proof, and child-resistant cannabis container
consistent with current standards, including the Consumer
Product Safety Commission standards referenced by the Poison
Prevention Act unless the sale is between or among a craft
grower, infuser, or cultivation center.
(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

10400SB3222ham002 - 603 - LRB104 19119 BDA 38710 a
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;
(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

10400SB3222ham002 - 604 - LRB104 19119 BDA 38710 a
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;
(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

10400SB3222ham002 - 605 - LRB104 19119 BDA 38710 a
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
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

10400SB3222ham002 - 606 - LRB104 19119 BDA 38710 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
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

10400SB3222ham002 - 607 - LRB104 19119 BDA 38710 a
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.
(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 under this Section, 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;
102-98, eff. 7-15-21.)
(410 ILCS 705/55-22 new)
Sec. 55-22. Dispensing organization warning labels for
medical cannabis.
(a) Prior to dispensing any cannabis, cannabis
concentrate, or cannabis-infused products to a registered
qualifying patient, provisional patient, designated caregiver,
or an Opioid Alternative Patient Program participant, a
dispensing organization shall affix to the outside of the
product in a clear and visible manner a warning label

10400SB3222ham002 - 608 - LRB104 19119 BDA 38710 a
specifically targeted to medical patients.
(b) The warning label required under this Section shall
not cover or restrict in any manner the requirements under
Section 55-21 of this Act.
(c) The warning label required under this Section shall be
the same as or substantially similar to any language required
for the same or similar purpose under federal law or federal
regulations.
(410 ILCS 705/55-30)
Sec. 55-30. Confidentiality.
(a) Information provided by the cannabis business
establishment licensees or applicants to the Department of
Agriculture, the Department of Public Health, the Department
of Financial and Professional Regulation, the Department of
Commerce and Economic Opportunity, or other agency shall be
limited to information necessary for the purposes of
administering this Act. The information is subject to the
provisions and limitations contained in the Freedom of
Information Act and may be disclosed in accordance with
Section 55-65.
(b) The following information received and records kept by
the Department of Agriculture, the Department of Public
Health, the Illinois State Police, and the Department of
Financial and Professional Regulation for purposes of
administering this Article are subject to all applicable

10400SB3222ham002 - 609 - LRB104 19119 BDA 38710 a
federal privacy laws, are confidential and exempt from
disclosure under the Freedom of Information Act, except as
provided in this Act, and not subject to disclosure to any
individual or public or private entity, except to the
Department of Financial and Professional Regulation, the
Department of Agriculture, the Department of Public Health,
the Department of Commerce and Economic Opportunity, the
Office of the Executive Inspector General, and the Illinois
State Police as necessary to perform official duties under
this Article and to the Attorney General as necessary to
enforce the provisions of this Act, and except as necessary to
those involved in enforcing the State Officials and Employees
Ethics Act. The following information received and kept by the
Department of Financial and Professional Regulation or the
Department of Agriculture may be disclosed to the Department
of Public Health, the Department of Agriculture, the
Department of Commerce and Economic Opportunity, the
Department of Revenue, the Illinois State Police, the Office
of the Executive Inspector General, or the Attorney General
upon proper request:
(1) Applications and renewals, their contents, and
supporting information submitted by or on behalf of
dispensing organizations, cannabis business
establishments, or Community College Cannabis Vocational
Program licensees, in compliance with this Article,
including their physical addresses; however, this does not

10400SB3222ham002 - 610 - LRB104 19119 BDA 38710 a
preclude the release of ownership information about
cannabis business establishment licenses, or information
submitted with an application required to be disclosed
pursuant to subsection (f);
(2) Any plans, procedures, policies, or other records
relating to cannabis business establishment security; and
(3) Information otherwise exempt from disclosure by
State or federal law; and .
(4) Information from 3 or fewer cannabis business
establishments about plant, packaging, transfer, and sales
information reported for purposes of the cannabis plant
monitoring system; however, this does not preclude the
release of such data aggregated to 4 or more businesses.
Illinois or national criminal history record information,
or the nonexistence or lack of such information, may not be
disclosed by the Department of Financial and Professional
Regulation or the Department of Agriculture, except as
necessary to the Attorney General to enforce this Act.
(c) The name and address of a dispensing organization
licensed under this Act shall be subject to disclosure under
the Freedom of Information Act. The name and cannabis business
establishment address of the person or entity holding each
cannabis business establishment license shall be subject to
disclosure.
(d) All information collected by the Department of
Financial and Professional Regulation or the Department of

10400SB3222ham002 - 611 - LRB104 19119 BDA 38710 a
Agriculture in the course of an examination, inspection, or
investigation of a licensee or applicant, including, but not
limited to, any complaint against a licensee or applicant
filed with the Department of Financial and Professional
Regulation or the Department of Agriculture and information
collected to investigate any such complaint, shall be
maintained for the confidential use of the Department of
Financial and Professional Regulation or the Department of
Agriculture and shall not be disclosed, except to those
involved in enforcing the State Officials and Employees Ethics
Act and as otherwise provided in this Act. A formal complaint
against a licensee by the Department of Financial and
Professional Regulation or the Department of Agriculture or
any disciplinary order issued by the Department of Financial
and Professional Regulation or the Department of Agriculture
against a licensee or applicant shall be a public record,
except as otherwise provided by law. Complaints from consumers
or members of the general public received regarding a
specific, named licensee or complaints regarding conduct by
unlicensed entities shall be subject to disclosure under the
Freedom of Information Act.
(e) The Department of Agriculture, the Illinois State
Police, and the Department of Financial and Professional
Regulation shall not share or disclose any Illinois or
national criminal history record information, or the
nonexistence or lack of such information, to any person or

10400SB3222ham002 - 612 - LRB104 19119 BDA 38710 a
entity not expressly authorized by this Act.
(f) Each Department responsible for licensure under this
Act shall publish on the Department's website a list of the
ownership information of cannabis business establishment
licensees under the Department's jurisdiction. The list shall
include, but is not limited to: the name of the person or
entity holding each cannabis business establishment license;
and the address at which the entity is operating under this
Act. This list shall be published and updated monthly.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22.)
(410 ILCS 705/55-65)
Sec. 55-65. Financial institutions.
(a) A financial institution that provides financial
services customarily provided by financial institutions to a
cannabis business establishment authorized under this Act or
the Compassionate Use of Medical Cannabis Program Act, or to a
person that is affiliated with such cannabis business
establishment, is exempt from any criminal law of this State
as it relates to cannabis-related conduct authorized under
State law.
(b) Upon request of a financial institution, a cannabis
business establishment or proposed cannabis business
establishment may provide to the financial institution the

10400SB3222ham002 - 613 - LRB104 19119 BDA 38710 a
following information:
(1) Whether a cannabis business establishment with
which the financial institution is doing or is considering
doing business holds a license under this Act or the
Compassionate Use of Medical Cannabis Program Act;
(2) The name of any other business or individual
affiliate with the cannabis business establishment;
(3) A copy of the application, and any supporting
documentation submitted with the application, for a
license or a permit submitted on behalf of the proposed
cannabis business establishment;
(4) If applicable, data relating to sales and the
volume of product sold by the cannabis business
establishment;
(5) Any past or pending violation by the person of
this Act, the Compassionate Use of Medical Cannabis
Program Act, or the rules adopted under these Acts where
applicable; and
(6) Any penalty imposed upon the person for violating
this Act, the Compassionate Use of Medical Cannabis
Program Act, or the rules adopted under these Acts.
(c) (Blank).
(d) (Blank).
(e) Information received by a financial institution under
this Section is confidential. Except as otherwise required or
permitted by this Act, State law or rule, or federal law or

10400SB3222ham002 - 614 - LRB104 19119 BDA 38710 a
regulation, a financial institution may not make the
information available to any person other than:
(1) the customer to whom the information applies;
(2) a trustee, conservator, guardian, personal
representative, or agent of the customer to whom the
information applies; a federal or State regulator when
requested in connection with an examination of the
financial institution or if otherwise necessary for
complying with federal or State law;
(3) a federal or State regulator when requested in
connection with an examination of the financial
institution or if otherwise necessary for complying with
federal or State law; and
(4) a third party performing services for the
financial institution, provided the third party is
performing such services under a written agreement that
expressly or by operation of law prohibits the third
party's sharing and use of such confidential information
for any purpose other than as provided in its agreement to
provide services to the financial institution; and .
(5) the Office of the Executive Inspector General
pursuant to an investigation under the State Officials and
Employees Ethics Act.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/55-85)

10400SB3222ham002 - 615 - LRB104 19119 BDA 38710 a
Sec. 55-85. Medical cannabis.
(a) Nothing in this Act shall be construed to limit any
privileges or rights of a qualifying medical cannabis patient
including minor patients, designated primary caregiver,
medical cannabis cultivation center, provisional patient and
Opioid Alternative Patient Program participant or medical
cannabis dispensing organization under the Compassionate Use
of Medical Cannabis Program Act, and where there is conflict
between this Act and the Compassionate Use of Medical Cannabis
Program Act as they relate to medical cannabis patients, the
Compassionate Use of Medical Cannabis Program Act shall
prevail.
(b) Dispensary locations that obtain an Early Approval
Adult Use Dispensary Organization License or an Adult Use
Dispensary Organization License in accordance with this Act at
the same location as a medical cannabis dispensing
organization registered under the Compassionate Use of Medical
Cannabis Program Act shall maintain an inventory of medical
cannabis and medical cannabis products on a monthly basis that
is substantially similar in variety and quantity to the
products offered at the dispensary during the 6-month period
immediately before the effective date of this Act.
(c) Beginning June 30, 2020, the Department of Agriculture
shall make a quarterly determination whether inventory
requirements established for dispensaries in subsection (b)
should be adjusted due to changing patient need.

10400SB3222ham002 - 616 - LRB104 19119 BDA 38710 a
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/60-10)
Sec. 60-10. Tax imposed.
(a) Beginning September 1, 2019, a tax is imposed upon the
privilege of cultivating cannabis at the rate of 7% of the
gross receipts from the first sale of cannabis by a
cultivator. The sale of any product that contains any amount
of cannabis or any derivative thereof is subject to the tax
under this Section on the full selling price of the product.
The Department may determine the selling price of the cannabis
when the seller and purchaser are affiliated persons, when the
sale and purchase of cannabis is not an arm's length
transaction, or when cannabis is transferred by a craft grower
to the craft grower's dispensing organization or infuser or
processing organization and a value is not established for the
cannabis. The value determined by the Department shall be
commensurate with the actual price received for products of
like quality, character, and use in the area. If there are no
sales of cannabis of like quality, character, and use in the
same area, then the Department shall establish a reasonable
value based on sales of products of like quality, character,
and use in other areas of the State, taking into consideration
any other relevant factors.
(b) The Cannabis Cultivation Privilege Tax imposed under
this Article is solely the responsibility of the cultivator

10400SB3222ham002 - 617 - LRB104 19119 BDA 38710 a
who makes the first sale and is not the responsibility of a
subsequent purchaser, a dispensing organization, or an
infuser. Persons subject to the tax imposed under this Article
may, however, reimburse themselves for their tax liability
hereunder by separately stating reimbursement for their tax
liability as an additional charge.
(c) The tax imposed under this Article shall be in
addition to all other occupation, privilege, or excise taxes
imposed by the State of Illinois or by any unit of local
government.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/65-5)
Sec. 65-5. Definitions. In this Article:
"Adjusted delta-9-tetrahydrocannabinol level" means, for a
delta-9-tetrahydrocannabinol dominant product, the sum of the
percentage of delta-9-tetrahydrocannabinol plus .877
multiplied by the percentage of tetrahydrocannabinolic acid.
"Cannabis" has the meaning given to that term in Article 1
of this Act, except that it does not include cannabis that is
subject to tax under the Compassionate Use of Medical Cannabis
Program Act.
"Cannabis-infused product" means a beverage, food, oils,
ointments, tincture, topical formulation, or another product
containing cannabis that is not intended to be smoked.
"Cannabis retailer" means a dispensing organization that

10400SB3222ham002 - 618 - LRB104 19119 BDA 38710 a
sells cannabis for use and not for resale.
"Craft grower" has the meaning given to that term in
Article 1 of this Act.
"Department" means the Department of Revenue.
"Director" means the Director of Revenue.
"Dispensing organization" or "dispensary" has the meaning
given to that term in Article 1 of this Act.
"Person" means a natural individual, firm, partnership,
association, joint stock company, joint adventure, public or
private corporation, limited liability company, or a receiver,
executor, trustee, guardian, or other representative appointed
by order of any court.
"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.
"Purchase price" means the consideration paid for a
purchase of cannabis, valued in money, whether received in
money or otherwise, including cash, gift cards, credits, and
property and shall be determined without any deduction on
account of the cost of materials used, labor or service costs,
or any other expense whatsoever. However, "purchase price"
does not include consideration paid for:
(1) any charge for a payment that is not honored by a
financial institution;

10400SB3222ham002 - 619 - LRB104 19119 BDA 38710 a
(2) any finance or credit charge, penalty or charge
for delayed payment, or discount for prompt payment; and
(3) any amounts added to a purchaser's bill because of
charges made under the tax imposed by this Article, the
Municipal Cannabis Retailers' Occupation Tax Law, the
County Cannabis Retailers' Occupation Tax Law, the
Retailers' Occupation Tax Act, the Use Tax Act, the
Service Occupation Tax Act, the Service Use Tax Act, or
any locally imposed occupation or use tax.
"Purchaser" means a person who acquires cannabis for a
valuable consideration.
"Qualifying patient" or "qualified patient" means a person
who has been diagnosed by a certifying health care
professional as having a debilitating medical condition as
defined under the Compassionate Use of Medical Cannabis
Program Act.
"Taxpayer" means a cannabis retailer who is required to
collect the tax imposed under this Article.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/65-10)
Sec. 65-10. Tax imposed.
(a) Beginning January 1, 2020, a tax is imposed upon
purchasers for the privilege of using cannabis, and not for
the purpose of resale, at the following rates:
(1) Any cannabis, other than a cannabis-infused

10400SB3222ham002 - 620 - LRB104 19119 BDA 38710 a
product, with an adjusted delta-9-tetrahydrocannabinol
level at or below 35% shall be taxed at a rate of 10% of
the purchase price;
(2) Any cannabis, other than a cannabis-infused
product, with an adjusted delta-9-tetrahydrocannabinol
level above 35% shall be taxed at a rate of 25% of the
purchase price; and
(3) A cannabis-infused product shall be taxed at a
rate of 20% of the purchase price.
(b) The purchase of any product that contains any amount
of cannabis or any derivative thereof is subject to the tax
under subsection (a) of this Section on the full purchase
price of the product.
(c) The tax imposed under this Section is not imposed on
cannabis that is subject to tax under the Compassionate Use of
Medical Cannabis Program Act. The tax imposed by this Section
is not imposed with respect to any transaction in interstate
commerce, to the extent the transaction may not, under the
Constitution and statutes of the United States, be made the
subject of taxation by this State. Beginning 90 days after the
effective date of this amendatory Act of the 104th General
Assembly, the tax imposed under this Section shall not be
imposed on cannabis or cannabis-infused products purchased by
a qualified patient, designated caregiver, Opioid Alternative
Patient Program participant, or provisional patient when
purchasing cannabis or cannabis-infused products under this

10400SB3222ham002 - 621 - LRB104 19119 BDA 38710 a
Act as part of that individual's adequate medical supply from
a Medical Cannabis Dispensing Organization licensee, as these
terms are defined under Section 1-10 of this Act of the 104th
General Assembly.
(d) The tax imposed under this Article shall be in
addition to all other occupation, privilege, or excise taxes
imposed by the State of Illinois or by any municipal
corporation or political subdivision thereof.
(e) The tax imposed under this Article shall not be
imposed on any purchase by a purchaser if the cannabis
retailer is prohibited by federal or State Constitution,
treaty, convention, statute, or court decision from collecting
the tax from the purchaser.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/65-30)
Sec. 65-30. Return and payment of tax by cannabis
retailer. Each cannabis retailer that is required or
authorized to collect the tax imposed by this Article shall
make a return to the Department, by electronic means, on or
before the 20th day of each month for the preceding calendar
month stating the following:
(1) the cannabis retailer's name;
(2) the address of the cannabis retailer's principal
place of business and the address of the principal place
of business (if that is a different address) from which

10400SB3222ham002 - 622 - LRB104 19119 BDA 38710 a
the cannabis retailer is engaged in the business of
selling cannabis subject to tax under this Article;
(3) the total purchase price received by the cannabis
retailer for cannabis subject to tax under this Article;
(4) the amount of tax due at each rate;
(5) the signature of the cannabis retailer; and
(6) any other information as the Department may
reasonably require.
All returns required to be filed and payments required to
be made under this Article shall be by electronic means.
Cannabis retailers who demonstrate hardship in paying
electronically may petition the Department to waive the
electronic payment requirement.
Any amount that is required to be shown or reported on any
return or other document under this Article shall, if the
amount is not a whole-dollar amount, be increased to the
nearest whole-dollar amount if the fractional part of a dollar
is $0.50 or more and decreased to the nearest whole-dollar
amount if the fractional part of a dollar is less than $0.50.
If a total amount of less than $1 is payable, refundable, or
creditable, the amount shall be disregarded if it is less than
$0.50 and shall be increased to $1 if it is $0.50 or more.
The cannabis retailer making the return provided for in
this Section shall also pay to the Department, in accordance
with this Section, the amount of tax imposed by this Article,
less a discount of 1.75%, but not to exceed $1,000 per return

10400SB3222ham002 - 623 - LRB104 19119 BDA 38710 a
period, which is allowed to reimburse the cannabis retailer
for the expenses incurred in keeping records, collecting tax,
preparing and filing returns, remitting the tax, and supplying
data to the Department upon request. No discount may be
claimed by a cannabis retailer on returns not timely filed and
for taxes not timely remitted. No discount may be claimed by a
taxpayer for any return that is not filed electronically. No
discount may be claimed by a taxpayer for any payment that is
not made electronically, unless a waiver has been granted
under this Section.
Notwithstanding any other provision of this Article
concerning the time within which a cannabis retailer may file
a return, any such cannabis retailer who ceases to engage in
the kind of business that makes the person responsible for
filing returns under this Article shall file a final return
under this Article with the Department within one month after
discontinuing the business.
Each cannabis retailer shall make estimated payments to
the Department on or before the 7th, 15th, 22nd, and last day
of the month during which tax liability to the Department is
incurred. The payments shall be in an amount not less than the
lower of either 22.5% of the cannabis retailer's actual tax
liability for the month or 25% of the cannabis retailer's
actual tax liability for the same calendar month of the
preceding year. The amount of the quarter-monthly payments
shall be credited against the final tax liability of the

10400SB3222ham002 - 624 - LRB104 19119 BDA 38710 a
cannabis retailer's return for that month. If any such
quarter-monthly payment is not paid at the time or in the
amount required by this Section, then the cannabis retailer
shall be liable for penalties and interest on the difference
between the minimum amount due as a payment and the amount of
the quarter-monthly payment actually and timely paid, except
insofar as the cannabis retailer has previously made payments
for that month to the Department in excess of the minimum
payments previously due as provided in this Section.
If any payment provided for in this Section exceeds the
taxpayer's liabilities under this Article, as shown on an
original monthly return, the Department shall, if requested by
the taxpayer, issue to the taxpayer a credit memorandum no
later than 30 days after the date of payment. The credit
evidenced by the credit memorandum may be assigned by the
taxpayer to a similar taxpayer under this Article, in
accordance with reasonable rules to be prescribed by the
Department. If no such request is made, the taxpayer may
credit the excess payment against tax liability subsequently
to be remitted to the Department under this Article, in
accordance with reasonable rules prescribed by the Department.
If the Department subsequently determines that all or any part
of the credit taken was not actually due to the taxpayer, the
taxpayer's discount shall be reduced, if necessary, to reflect
the difference between the credit taken and that actually due,
and that taxpayer shall be liable for penalties and interest

10400SB3222ham002 - 625 - LRB104 19119 BDA 38710 a
on the difference. If a cannabis retailer fails to sign a
return within 30 days after the proper notice and demand for
signature by the Department is received by the cannabis
retailer, the return shall be considered valid and any amount
shown to be due on the return shall be deemed assessed.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/65-38)
Sec. 65-38. Violations and penalties.
(a) When the amount due is under $300, any retailer of
cannabis who fails to file a return, willfully fails or
refuses to make any payment to the Department of the tax
imposed by this Article, or files a fraudulent return, or any
officer or agent of a corporation engaged in the business of
selling cannabis to purchasers located in this State who signs
a fraudulent return filed on behalf of the corporation, or any
accountant or other agent who knowingly enters false
information on the return of any taxpayer under this Article
is guilty of a Class 4 felony.
(b) When the amount due is $300 or more, any retailer of
cannabis who fails to file a return, willfully fails or
refuses to make any payment to the Department of the tax
imposed by this Article, files, or causes to be filed, a
fraudulent return, or any officer or agent of a corporation
engaged in the business of selling cannabis to purchasers
located in this State who files or causes to be filed or signs

10400SB3222ham002 - 626 - LRB104 19119 BDA 38710 a
or causes to be signed a fraudulent return filed on behalf of
the corporation, or any accountant or other agent who
knowingly enters false information on the return of any
taxpayer under this Article is guilty of a Class 3 felony.
(c) Any person who violates any provision of Section
65-20, or fails to keep books and records as required under
this Article, or willfully violates a rule of the Department
for the administration and enforcement of this Article is
guilty of a Class 4 felony. A person commits a separate offense
on each day that he or she engages in business in violation of
Section 65-20 or a rule of the Department for the
administration and enforcement of this Article. If a person
fails to produce the books and records for inspection by the
Department upon request, a prima facie presumption shall arise
that the person has failed to keep books and records as
required under this Article. A person who is unable to rebut
this presumption is in violation of this Article and is
subject to the penalties provided in this Section.
(d) Any person who violates any provision of Sections
65-20, fails to keep books and records as required under this
Article, or willfully violates a rule of the Department for
the administration and enforcement of this Article, is guilty
of a business offense and may be fined up to $5,000. If a
person fails to produce books and records for inspection by
the Department upon request, a prima facie presumption shall
arise that the person has failed to keep books and records as

10400SB3222ham002 - 627 - LRB104 19119 BDA 38710 a
required under this Article. A person who is unable to rebut
this presumption is in violation of this Article and is
subject to the penalties provided in this Section. A person
commits a separate offense on each day that he or she engages
in business in violation of a rule of the Department for the
administration and enforcement of this Article Section 65-20.
(e) Any taxpayer or agent of a taxpayer who with the intent
to defraud purports to make a payment due to the Department by
issuing or delivering a check or other order upon a real or
fictitious depository for the payment of money, knowing that
it will not be paid by the depository, is guilty of a deceptive
practice in violation of Section 17-1 of the Criminal Code of
2012.
(f) Any person who fails to keep books and records or fails
to produce books and records for inspection, as required by
Section 65-36, is liable to pay to the Department, for deposit
in the Tax Compliance and Administration Fund, a penalty of
$1,000 for the first failure to keep books and records or
failure to produce books and records for inspection, as
required by Section 65-36, and $3,000 for each subsequent
failure to keep books and records or failure to produce books
and records for inspection, as required by Section 65-36.
(g) Any person who knowingly acts as a retailer of
cannabis in this State without first having obtained a
certificate of registration to do so in compliance with
Section 65-20 of this Article shall be guilty of a Class 4

10400SB3222ham002 - 628 - LRB104 19119 BDA 38710 a
felony.
(h) A person commits the offense of tax evasion under this
Article when he or she knowingly attempts in any manner to
evade or defeat the tax imposed on him or her or on any other
person, or the payment thereof, and he or she commits an
affirmative act in furtherance of the evasion. As used in this
Section, "affirmative act in furtherance of the evasion" means
an act designed in whole or in part to (i) conceal,
misrepresent, falsify, or manipulate any material fact or (ii)
tamper with or destroy documents or materials related to a
person's tax liability under this Article. Two or more acts of
sales tax evasion may be charged as a single count in any
indictment, information, or complaint and the amount of tax
deficiency may be aggregated for purposes of determining the
amount of tax that is attempted to be or is evaded and the
period between the first and last acts may be alleged as the
date of the offense.
(1) When the amount of tax, the assessment or payment
of which is attempted to be or is evaded is less than $500,
a person is guilty of a Class 4 felony.
(2) When the amount of tax, the assessment or payment
of which is attempted to be or is evaded is $500 or more
but less than $10,000, a person is guilty of a Class 3
felony.
(3) When the amount of tax, the assessment or payment
of which is attempted to be or is evaded is $10,000 or more

10400SB3222ham002 - 629 - LRB104 19119 BDA 38710 a
but less than $100,000, a person is guilty of a Class 2
felony.
(4) When the amount of tax, the assessment or payment
of which is attempted to be or is evaded is $100,000 or
more, a person is guilty of a Class 1 felony.
Any person who knowingly sells, purchases, installs,
transfers, possesses, uses, or accesses any automated sales
suppression device, zapper, or phantom-ware in this State is
guilty of a Class 3 felony.
As used in this Section:
"Automated sales suppression device" or "zapper" means a
software program that falsifies the electronic records of an
electronic cash register or other point-of-sale system,
including, but not limited to, transaction data and
transaction reports. The term includes the software program,
any device that carries the software program, or an Internet
link to the software program.
"Phantom-ware" means a hidden programming option embedded
in the operating system of an electronic cash register or
hardwired into an electronic cash register that can be used to
create a second set of records or that can eliminate or
manipulate transaction records in an electronic cash register.
"Electronic cash register" means a device that keeps a
register or supporting documents through the use of an
electronic device or computer system designed to record
transaction data for the purpose of computing, compiling, or

10400SB3222ham002 - 630 - LRB104 19119 BDA 38710 a
processing retail sales transaction data in any manner.
"Transaction data" includes: items purchased by a
purchaser; the price of each item; a taxability determination
for each item; a segregated tax amount for each taxed item; the
amount of cash or credit tendered; the net amount returned to
the customer in change; the date and time of the purchase; the
name, address, and identification number of the vendor; and
the receipt or invoice number of the transaction.
"Transaction report" means a report that documents,
without limitation, the sales, taxes, or fees collected, media
totals, and discount voids at an electronic cash register and
that is printed on a cash register tape at the end of a day or
shift, or a report that documents every action at an
electronic cash register and is stored electronically.
A prosecution for any act in violation of this Section may
be commenced at any time within 5 years of the commission of
that act.
(i) The Department may adopt rules to administer the
penalties under this Section.
(j) Any person whose principal place of business is in
this State and who is charged with a violation under this
Section shall be tried in the county where his or her principal
place of business is located unless he or she asserts a right
to be tried in another venue.
(k) Except as otherwise provided in subsection (h), a
prosecution for a violation described in this Section may be

10400SB3222ham002 - 631 - LRB104 19119 BDA 38710 a
commenced within 3 years after the commission of the act
constituting the violation.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/65-42)
Sec. 65-42. Seizure and forfeiture. After seizing any
cannabis as provided in Section 65-41, the Department must
hold a hearing and determine whether (i) the retailer was
properly registered to sell the cannabis; (ii) the retailer
possessed the cannabis in violation of this Act; (iii) the
retailer possessed the cannabis in violation of any reasonable
rule or regulation adopted by the Department for the
enforcement of this Act; or (iv) the tax imposed by Article 60
had been paid on the cannabis at the time of its seizure by the
Department. The Department is not required to hold such a
hearing if a waiver and consent to forfeiture has been
executed by the owner of the cannabis, if the owner is known,
and by the person in whose possession the cannabis so taken was
found, if that person is known and if that person is not the
owner of said cannabis. The Department shall give not less
than 20 days' notice of the time and place of the hearing to
the owner of the cannabis, if the owner is known, and also to
the person in whose possession the cannabis was found, if that
person is known and if the person in possession is not the
owner of the cannabis. If neither the owner nor the person in
possession of the cannabis is known, the Department must cause

10400SB3222ham002 - 632 - LRB104 19119 BDA 38710 a
publication of the time and place of the hearing to be made at
least once in each week for 3 weeks successively in a newspaper
of general circulation in the county where the hearing is to be
held.
If, as the result of the hearing, the Department makes any
of the findings listed in items (i) through (iv) determines
that the retailer was not properly registered at the time the
cannabis was seized, or upon receipt of a properly executed
waiver and consent to forfeiture as provided in this Section,
the Department must enter an order declaring the cannabis
confiscated and forfeited to the State, to be held by the
Department for disposal by it as provided in Section 65-43.
The Department must give notice of the order to the owner of
the cannabis, if the owner is known, and also to the person in
whose possession the cannabis was found, if that person is
known and if the person in possession is not the owner of the
cannabis. If neither the owner nor the person in possession of
the cannabis is known, the Department must cause publication
of the order to be made at least once in each week for 3 weeks
successively in a newspaper of general circulation in the
county where the hearing was held.
(Source: P.A. 103-1001, eff. 8-9-24.)
(410 ILCS 705/20-50 rep.)
(410 ILCS 705/25-45 rep.)
(410 ILCS 705/30-50 rep.)

10400SB3222ham002 - 633 - LRB104 19119 BDA 38710 a
Section 170. The Cannabis Regulation and Tax Act is
amended by repealing Sections 20-50, 25-45, and 30-50.
Section 175. The Industrial Hemp Act is amended by
changing Section 20 as follows:
(505 ILCS 89/20)
Sec. 20. Hemp products.
(a) A person shall not sell, offer for sale, give, or
deliver a hemp-derived product to a person under 21 years of
age unless the product is a consumable or topical hemp-derived
cannabinoid product that does not contain:
(1) any cannabinoids that are incapable of being
naturally produced by a Cannabis sativa L. plant;
(2) any cannabinoids that are capable of being
naturally produced by a Cannabis sativa L. plant but that
were synthesized or manufactured outside of the Cannabis
sativa L. plant; or
(3) more than a per-container total of 0.4 milligrams
of tetrahydrocannabinols, including
tetrahydrocannabinolic acid, or any other cannabinoids
that have similar effects or are marketed to have similar
effects on humans or animals as a tetrahydrocannabinol.
(b) A retailer shall verify the age of each purchaser of a
hemp-derived product by examining the purchaser's valid
government-issued photo identification. Verification shall be

10400SB3222ham002 - 634 - LRB104 19119 BDA 38710 a
required for any purchaser who appears under 30 years of age.
(c) (Blank).
(d) Every hemp-derived product offered for sale in this
State shall bear a label containing, at minimum:
(1) the product name;
(2) the net weight or volume of the product;
(3) a complete and accurate list of all ingredients in
the product in descending order of predominance;
(4) the identity and quantity of each cannabinoid
present in the product, expressed in milligrams per
serving and per container, including total THC;
(5) the number of servings per container;
(6) the batch or lot number of the product;
(7) the name, business address, and contact
information of the manufacturer or distributor of the
product; and
(8) an expiration or use by date for the product.
(e) The label and packaging of a hemp-derived product
shall not contain:
(1) any information that is false or misleading,
including a representation that the product is a cannabis
product;
(2) any image designed or likely to appeal to minors,
including cartoons, toys, animals, or children, or any
other likeness to images, characters, or phrases used to
advertise to children;

10400SB3222ham002 - 635 - LRB104 19119 BDA 38710 a
(3) any information that imitates the trade dress,
name, or packaging of any commercial non-cannabis or
non-hemp food, candy, beverage, or product primarily
marketed to children;
(4) any seal, flag, crest, coat of arms, or other
insignia likely to mislead a purchaser into believing the
product has been endorsed, made, or used by the State of
Illinois or any of its representatives, except where
authorized by this Act;
(5) any health claim; or
(6) any information that misstates or omits
cannabinoid content or ingredients.
(f) The Attorney General may enforce a violation of this
Section 20 as an unlawful practice under the Consumer Fraud
and Deceptive Business Practices Act.
Nothing in this Act shall alter the legality of hemp or
hemp products that are presently legal to possess or own.
(Source: P.A. 100-1091, eff. 8-26-18.)
(505 ILCS 89/Act rep.)
Section 180. The Industrial Hemp Act is repealed on
November 12, 2026.
Section 185. The Illinois Vehicle Code is amended by
changing Sections 11-502.1 and 11-502.15 as follows:

10400SB3222ham002 - 636 - LRB104 19119 BDA 38710 a
(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, unless subsection (e) of
Section 15-85 of the Cannabis Regulation and Tax Act applies.
(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, unless subsection (e) of Section 15-85
of the Cannabis Regulation and Tax Act applies.
(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

10400SB3222ham002 - 637 - LRB104 19119 BDA 38710 a
medical cannabis card for a period of 2 years from the end
of the sentence imposed; and
(3) 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; 102-98, eff. 7-15-21;
102-558, eff. 8-20-21.)
(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
motor vehicle upon a highway in this State except in a secured,
sealed or resealable, odor-proof, child-resistant cannabis
container that is inaccessible, unless subsection (e) of
Section 15-85 of the Cannabis Regulation and Tax Act applies.
(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,
unless subsection (e) of Section 15-85 of the Cannabis
Regulation and Tax Act applies.

10400SB3222ham002 - 638 - LRB104 19119 BDA 38710 a
(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; 102-98, eff. 7-15-21.)
Section 190. The Cannabis Control Act is amended by
changing Sections 4, 5, and 5.1 as follows:
(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
Sec. 4. Except as otherwise provided in the Cannabis
Regulation and Tax Act, and the Industrial Hemp Act, and the
Illinois Hemp Act, it is unlawful for any person knowingly to
possess cannabis.
Any person who violates this Section with respect to:
(a) not more than 10 grams of any substance containing
cannabis is guilty of a civil law violation punishable by
a minimum fine of $100 and a maximum fine of $200. The
proceeds of the fine shall be payable to the clerk of the
circuit court. Within 30 days after the deposit of the
fine, the clerk shall distribute the proceeds of the fine
as follows:
(1) $10 of the fine to the circuit clerk and $10 of
the fine to the law enforcement agency that issued the
citation; the proceeds of each $10 fine distributed to
the circuit clerk and each $10 fine distributed to the
law enforcement agency that issued the citation for
the violation shall be used to defer the cost of

10400SB3222ham002 - 639 - LRB104 19119 BDA 38710 a
automatic expungements under paragraph (2.5) of
subsection (a) of Section 5.2 of the Criminal
Identification Act;
(2) $15 to the county to fund drug addiction
services;
(3) $10 to the Office of the State's Attorneys
Appellate Prosecutor for use in training programs;
(4) $10 to the State's Attorney; and
(5) any remainder of the fine to the law
enforcement agency that issued the citation for the
violation.
With respect to funds designated for the Illinois
State Police, the moneys shall be remitted by the circuit
court clerk to the Illinois State Police within one month
after receipt for deposit into the State Police Operations
Assistance Fund. With respect to funds designated for the
Department of Natural Resources, the Department of Natural
Resources shall deposit the moneys into the Conservation
Police Operations Assistance Fund;
(b) more than 10 grams but not more than 60 30 grams of
any substance containing cannabis is guilty of a Class B
misdemeanor;
(c) more than 60 30 grams but not more than 100 grams
of any substance containing cannabis is guilty of a Class
A misdemeanor; provided, that if any offense under this
subsection (c) is a subsequent offense, the offender shall

10400SB3222ham002 - 640 - LRB104 19119 BDA 38710 a
be guilty of a Class 4 felony;
(d) more than 100 grams but not more than 500 grams of
any substance containing cannabis is guilty of a Class 4
felony; provided that if any offense under this subsection
(d) is a subsequent offense, the offender shall be guilty
of a Class 3 felony;
(e) more than 500 grams but not more than 2,000 grams
of any substance containing cannabis is guilty of a Class
3 felony;
(f) more than 2,000 grams but not more than 5,000
grams of any substance containing cannabis is guilty of a
Class 2 felony;
(g) more than 5,000 grams of any substance containing
cannabis is guilty of a Class 1 felony.
Fines and assessments, such as fees or administrative
costs, authorized under this Section shall not be ordered or
imposed against a minor subject to Article III, IV, or V of the
Juvenile Court Act of 1987, or a minor under the age of 18
transferred to adult court or excluded from juvenile court
jurisdiction under Article V of the Juvenile Court Act of
1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 102-538, eff. 8-20-21; 103-379, eff. 7-28-23.)
(720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
Sec. 5. Except as otherwise provided in the Cannabis
Regulation and Tax Act, and the Industrial Hemp Act, and the

10400SB3222ham002 - 641 - LRB104 19119 BDA 38710 a
Illinois Hemp Act, it is unlawful for any person knowingly to
manufacture, deliver, or possess with intent to deliver, or
manufacture, cannabis. Any person who violates this Section
with respect to:
(a) not more than 2.5 grams of any substance
containing cannabis is guilty of a Class B misdemeanor;
(b) more than 2.5 grams but not more than 10 grams of
any substance containing cannabis is guilty of a Class A
misdemeanor;
(c) more than 10 grams but not more than 60 30 grams of
any substance containing cannabis is guilty of a Class 4
felony;
(d) more than 60 30 grams but not more than 500 grams
of any substance containing cannabis is guilty of a Class
3 felony for which a fine not to exceed $50,000 may be
imposed;
(e) more than 500 grams but not more than 2,000 grams
of any substance containing cannabis is guilty of a Class
2 felony for which a fine not to exceed $100,000 may be
imposed;
(f) more than 2,000 grams but not more than 5,000
grams of any substance containing cannabis is guilty of a
Class 1 felony for which a fine not to exceed $150,000 may
be imposed;
(g) more than 5,000 grams of any substance containing
cannabis is guilty of a Class X felony for which a fine not

10400SB3222ham002 - 642 - LRB104 19119 BDA 38710 a
to exceed $200,000 may be imposed.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(720 ILCS 550/5.1) (from Ch. 56 1/2, par. 705.1)
Sec. 5.1. Cannabis trafficking.
(a) Except for purposes authorized by this Act, the
Industrial Hemp Act, the Illinois Hemp Act, or the Cannabis
Regulation and Tax Act, any person who knowingly brings or
causes to be brought into this State for the purpose of
manufacture or delivery or with the intent to manufacture or
deliver 2,500 grams or more of cannabis in this State or any
other state or country is guilty of cannabis trafficking.
(b) A person convicted of cannabis trafficking shall be
sentenced to a term of imprisonment not less than twice the
minimum term and fined an amount as authorized by subsection
(f) or (g) of Section 5 of this Act, based upon the amount of
cannabis brought or caused to be brought into this State, and
not more than twice the maximum term of imprisonment and fined
twice the amount as authorized by subsection (f) or (g) of
Section 5 of this Act, based upon the amount of cannabis
brought or caused to be brought into this State.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(720 ILCS 550/15.2 rep.)
Section 195. The Cannabis Control Act is amended by
repealing Section 15.2.

10400SB3222ham002 - 643 - LRB104 19119 BDA 38710 a
Section 200. The Tobacco Accessories and Smoking Herbs
Control Act is amended by changing Section 2 as follows:
(720 ILCS 685/2) (from Ch. 23, par. 2358-2)
Sec. 2. Purpose. The sale and possession of marijuana,
hashish, cocaine, opium, and their derivatives, is not only
prohibited by Illinois Law, but the use of these substances
has been deemed injurious to the health of the user.
It has further been determined by the Surgeon General of
the United States that the use of tobacco is hazardous to human
health.
The ready availability of smoking herbs to persons under
21 years of age could lead to the use of tobacco and illegal
drugs.
It is in the best interests of the citizens of the State of
Illinois to seek to prohibit the spread of illegal drugs,
tobacco or smoking materials to persons under 21 years of age.
The prohibition of the sale of tobacco and snuff accessories
and smoking herbs to persons under 21 years of age would help
to curb the usage of illegal drugs and tobacco products, among
our youth.
(Source: P.A. 101-2, eff. 7-1-19.)
Section 205. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2MMMM as follows:

10400SB3222ham002 - 644 - LRB104 19119 BDA 38710 a
(815 ILCS 505/2MMMM new)
Sec. 2MMMM. Violations of the Industrial Hemp Act, the
Illinois Hemp Act, and Sections 15-155 and 20-60 of the
Cannabis Regulation and Tax Act. A person commits an unlawful
practice within the meaning of this Act when the person
violates the Illinois Hemp Act, Section 20 of the Industrial
Hemp Act, subsection (a) of Section 15-155 or subsection (a)
of Section 20-60 of the Cannabis Regulation and Tax Act.
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 997. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 999. Effective date. This Act takes effect upon
becoming law, except that Sections 1 through 70 and Section
160 take effect on November 12, 2026.".