Bill Amendment: IL SB4015 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CANNABIS-VARIOUS

Status: 2026-05-22 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB4015 Detail]

Download: Illinois-2025-SB4015-Senate_Amendment_001.html

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Sen. Kimberly A. Lightford

Filed: 3/5/2026

 

 

 

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AMENDMENT TO SENATE BILL 4015
AMENDMENT NO. ______. Amend Senate Bill 4015 by replacing
everything after the enacting clause with the following:
"Section 5. 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,

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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 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 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 10. The Use Tax Act is amended by changing Section
3-10 as follows:
(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

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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
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

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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
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,

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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.
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), 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

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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
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

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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
is to be consumed off the premises where it is sold" does not

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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), and through June 30, 2026, "prescription and
nonprescription medicines and drugs" includes medical cannabis

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purchased from a registered dispensing organization under the
Compassionate Use of Medical Cannabis Program Act.
Beginning on July 1, 2026, "prescription and
nonprescription medicines and drugs" includes cannabis
purchased by a qualified registered patient, provisional
patient, designated caregiver, or Opioid Alternative Patient
Program participant as part of their adequate medical supply,
as these terms are defined under the Cannabis Regulation and
Tax Act, from a dispensing organization registered under the
Compassionate Use of Medical Cannabis Program Act or the
Cannabis Regulation and Tax Act.
As used in this Section, through June 30, 2026, "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 July 1, 2026, 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 purchased by a
qualified registered patient, provisional patient, designated
caregiver, or Opioid Alternative Patient Program participant
as part of their adequate medical supply.
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

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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; 104-417, eff.
8-15-25.)
Section 15. The Service Use Tax Act is amended by changing
Section 3-10 as follows:
(35 ILCS 110/3-10)
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 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

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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%,
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

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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
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

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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 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

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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
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

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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
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 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

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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
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,

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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
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.

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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), and through June 30, 2026, "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 on July 1, 2026, "prescription and
nonprescription medicines and drugs" includes cannabis
purchased by a qualified registered patient, provisional
patient, designated caregiver, or Opioid Alternative Patient

10400SB4015sam001 - 19 - LRB104 19921 WRO 34743 a
Program participant as part of their adequate medical supply,
as these terms are defined under the Cannabis Regulation and
Tax Act, from a dispensing organization registered under the
Compassionate Use of Medical Cannabis Program Act or the
Cannabis Regulation and Tax Act.
As used in this Section, through June 30, 2026, "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 July 1, 2026, 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 purchased by a
qualified registered patient, provisional patient, designated
caregiver, or Opioid Alternative Patient Program participant
as part of their adequate medical supply.
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;

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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 20. The Service Occupation Tax Act is amended by
changing Section 3-10 as follows:
(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.

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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 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

10400SB4015sam001 - 22 - LRB104 19921 WRO 34743 a
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
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

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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 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

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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
(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

10400SB4015sam001 - 25 - LRB104 19921 WRO 34743 a
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 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

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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 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) 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
that are contained in any closed or sealed can, carton, or

10400SB4015sam001 - 27 - LRB104 19921 WRO 34743 a
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
is to be consumed off the premises where it is sold" does not

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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), and through June 30, 2026, "prescription and
nonprescription medicines and drugs" includes medical cannabis

10400SB4015sam001 - 29 - LRB104 19921 WRO 34743 a
purchased from a registered dispensing organization under the
Compassionate Use of Medical Cannabis Program Act.
Beginning on July 1, 2026, "prescription and
nonprescription medicines and drugs" includes cannabis
purchased by a qualified registered patient, provisional
patient, designated caregiver, or Opioid Alternative Patient
Program participant as part of their adequate medical supply,
as these terms are defined under the Cannabis Regulation and
Tax Act, from a dispensing organization registered under the
Compassionate Use of Medical Cannabis Program Act or the
Cannabis Regulation and Tax Act.
As used in this Section, and through June 30, 2026, "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 July 1, 2026, 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 purchased by a
qualified registered patient, provisional patient, designated
caregiver, or Opioid Alternative Patient Program participant
as part of their adequate medical supply.
(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.)

10400SB4015sam001 - 30 - LRB104 19921 WRO 34743 a
Section 25. The Retailers' Occupation Tax Act is amended
by changing Sections 2-10 and 11 as follows:
(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%.
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

10400SB4015sam001 - 31 - LRB104 19921 WRO 34743 a
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
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

10400SB4015sam001 - 32 - LRB104 19921 WRO 34743 a
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
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

10400SB4015sam001 - 33 - LRB104 19921 WRO 34743 a
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,
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
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

10400SB4015sam001 - 34 - LRB104 19921 WRO 34743 a
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
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

10400SB4015sam001 - 35 - LRB104 19921 WRO 34743 a
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
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

10400SB4015sam001 - 36 - LRB104 19921 WRO 34743 a
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), and through June 30, 2026, "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 on July 1, 2026, "prescription and
nonprescription medicines and drugs" includes cannabis
purchased by a qualified registered patient, provisional
patient, designated caregiver, or Opioid Alternative Patient
Program participant as part of their adequate medical supply,
as these terms are defined under the Cannabis Regulation and
Tax Act, from a dispensing organization registered under the
Compassionate Use of Medical Cannabis Program Act or the
Cannabis Regulation and Tax Act.
As used in this Section, and through June 30, 2026, "adult
use cannabis" means cannabis subject to tax under the Cannabis

10400SB4015sam001 - 37 - LRB104 19921 WRO 34743 a
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 July 1, 2026, 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 purchased by a
qualified registered patient, provisional patient, designated
caregiver, or Opioid Alternative Patient Program participant
as part of their adequate medical supply.
(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

10400SB4015sam001 - 38 - LRB104 19921 WRO 34743 a
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.
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

10400SB4015sam001 - 39 - LRB104 19921 WRO 34743 a
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
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

10400SB4015sam001 - 40 - LRB104 19921 WRO 34743 a
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
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

10400SB4015sam001 - 41 - LRB104 19921 WRO 34743 a
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
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

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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
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

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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.
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

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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
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

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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.
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 30. 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, 90, 95, 100, 105, 110, 115,
120, 125, 130, 140, 145, 150, 180, 200, 205, and 210 as
follows:

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(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
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.

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(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:
(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
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.
(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 cannabis infused product shall
apply toward the limit on the total amount of medical
cannabis a registered qualifying patient may possess at

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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.
(b) "Cannabis" has the same meaning given to that term in
Section 1-10 3 of the Cannabis Regulation and Tax Control Act.
(b-5) "Cannabis business establishment" has the same
meaning given to that term in Section 1-10 of the Cannabis
Regulation and Tax 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.

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(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. Beginning July 1, 2026, cultivation
centers registered under this Act are subject to regulation
exclusively as a cultivation center under the Cannabis
Regulation and Tax Act. Cultivation center registrations under
this Act shall not be renewed after July 1, 2026.
(f) "Cultivation center agent" means a principal officer,
board member, employee, or agent of a registered cultivation
center who is 21 years of age. This subsection becomes
inoperative on January 1, 2027 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. This
subsection (g) becomes inoperative on January 1, 2027.
(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

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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
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

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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
children who are registered qualifying patients. Beginning
July 1, 2026, a designated caregiver registered under this Act
may perform the designated caregiver's duties at any
dispensary licensed by the Department of Financial and
Professional Regulation under the Cannabis Regulation and Tax
Act.
(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. This subsection (j)
becomes inoperative on January 1, 2027.
(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

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for the registered cultivation center or the registered
dispensing organization to cultivate, store, and distribute
cannabis for registered qualifying patients. For avoidance of
doubt, outdoor cultivation areas may be considered enclosed,
locked facilities so long as reasonable security measures
prevent unauthorized access; reasonable measures shall
include, but not be limited to, security fencing of at least
eight (8) feet in height with motion-activated lighting.
(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.

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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 Medical Cannabis Tracking 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, the Illinois State Police, and registered medical
cannabis dispensing organizations on a 24-hour basis to upload
written certifications for Medical Cannabis Patient Program
registered patient and Opioid Alternative Patient Pilot
Program participants; , to verify Opioid Alternative Patient
Pilot Program participants, to verify Medical Cannabis Patient
Program registered Patient Program registered patient and
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 Pilot Program
participant.
(m) "Medical cannabis cultivation center registration"
means a registration issued by the Department of Agriculture.
This subsection (m) becomes inoperative on January 1, 2027.
(n) "Medical cannabis container" means a sealed,
traceable, food compliant, tamper resistant, tamper evident

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container, or package used for the purpose of containment of
medical cannabis from a cultivation center to a dispensing
organization. This subsection (n) becomes inoperative on
January 1, 2027.
(o) "Medical cannabis dispensing organization", or
"dispensing organization", or "dispensary organization",
through June 30, 2026, 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 provisional registration for qualifying
patient cardholder status, or an Opioid Alternative Patient
Pilot Program participant. Beginning July 1, 2026, medical
cannabis dispensing organizations licensed under this Act are
subject to regulation as a dispensary under the Cannabis
Regulation and Tax Act.
(p) "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.
Beginning July 1, 2026, medical cannabis dispensing
organization agents licensed under this Act are subject to
regulation as a dispensary organization agent under the

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Cannabis Regulation and Tax Act.
(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.
(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

10400SB4015sam001 - 56 - LRB104 19921 WRO 34743 a
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-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.
(s-10) "Provisional patient" means a qualifying patient
who has received a provisional registration from the
Department of Public Health.
(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
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.

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(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 practicing in
the State of Illinois, stating (1) that the qualifying patient
has a debilitating medical 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

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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) "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.
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.)

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(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) Through June 30, 2026, it 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) Through June 30, 2026, it It is the duty of the
Department of Financial and 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) Through June 30, 2026, the The Department of Public

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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 July 1, 2026, 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, Opioid Alternative Patient Program
participants, and caregivers.
(e) The Department of Public Health, the Department of
Agriculture through July 1, 2026, or the Department of
Financial and Professional Regulation through June 30, 2026
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.)
(410 ILCS 130/25)
Sec. 25. Immunities and presumptions related to the

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medical use of cannabis.
(a) A registered qualifying patient, provisional patient,
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 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
cannabis. A school nurse or school administrator is not

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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 or Opioid Alternative Patient Program
Participant 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.

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(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

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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. This
subsection does not apply to events occurring on and after
July 1, 2026; however, the authority granted in this
subsection remains in force and effect for events occurring on
or before June 30, 2026.
(h) A registered cultivation center agent is not subject

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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
cannabis cultivation center under this Act and Department of
Agriculture rules, including to perform the actions listed
under subsection (g). This subsection does not apply to events
occurring on and after July 1, 2026; however, the authority
granted in this subsection remains in force and effect for
events occurring on or before June 30, 2026.
(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. This subsection does not apply
to events occurring on and after July 1, 2026; however, the
authority granted in this subsection remains in force and
effect for events occurring on or before June 30, 2026.
(j) A registered dispensing organization agent is not

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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). This
subsection does not apply to events occurring on and after
July 1, 2026; however, the authority granted in this
subsection remains in force and effect for events occurring on
or before June 30, 2026.
(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
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

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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
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

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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.
(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;

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(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
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"

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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
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

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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
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

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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, Opioid Alternative Patient Program Participant, or
designated cardholder or registered caregiver 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
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

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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
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

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not be conducted performed by remote means, including
telemedicine, provided that an Illinois-based medical
clinic is established and accessible to patients, ensuring
the provision of adequate medical care.
(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
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;

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(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;
(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

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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 or
Opioid Alternative Patient Program may notify the Department
of Public Health in writing: (1) if the 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 or Opioid Alternative Patient
Program registry identification card shall be revoked by the

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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 and provisional patients
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
appointing up to 3 designated caregivers who meet the
definition of "designated caregiver" under Section 10.
(c) Beginning July 1, 2026, designated caregivers,
qualifying patients, provisional patients, or Opioid
Alternative Patient Program participants registered under this
Act may purchase an adequate medical supply at any dispensing
organization licensed by the Department of Financial and

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Professional Regulation under 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
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

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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
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

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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.
(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

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person is a registered qualifying patient or Opioid
Alternative Patient Program participant 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).
(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
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

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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
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.

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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
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.

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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 10 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
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,

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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.
(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.

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(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
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, Opioid Alternative
Patient Program Participant, provisional patient, or
designated caregiver must keep their registry identification

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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;
(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

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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
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

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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,
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.

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(c) If a registered qualifying patient ceases to be a
registered qualifying patient, Opioid Alternative Patient
Program participant, 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.
(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

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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
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;

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(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
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;

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(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
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

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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
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;
or
(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

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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.
(f) Beginning July 1, 2026, the Department shall cease to
issue or renew any medical cannabis cultivation permit.
Entities that hold dual medical cannabis cultivation permits
and Adult use cultivation center licenses may continue all
operations with a valid cultivation center license issued
under the Cannabis Regulation and Tax Act. The Department may
set up a process to transition medical cannabis cultivation
permits into cultivation center licenses that includes issuing
refunds or proration of renewal fees.
(g) This Section is repealed on January 1, 2027.
(Source: P.A. 102-538, eff. 8-20-21.)
(410 ILCS 130/90)
Sec. 90. Renewal of cultivation center registrations.
(a) Registrations shall be renewed annually. The
registered cultivation center shall receive written notice 90
days prior to the expiration of its current registration that
the registration will expire. The Department of Agriculture

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shall grant a renewal application within 45 days of its
submission if the following conditions are satisfied:
(1) the registered cultivation center submits a
renewal application and the required renewal fee
established by the Department of Agriculture by rule; and
(2) the Department of Agriculture has not suspended
the registration of the cultivation center or suspended or
revoked the registration for violation of this Act or
rules adopted under this Act.
(b) Beginning July 1, 2026, all cultivation center permits
issued under Section 85 shall be renewed in accordance with
Section 20-45 of the Cannabis Regulation and Tax Act and shall
be subject to the requirements and prohibitions of the
Cannabis Regulation and Tax Act.
(c) This Section is repealed on January 1, 2027.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/95)
Sec. 95. Background checks.
(a) The Department of Agriculture through the Illinois
State Police shall conduct a background check of the
prospective cultivation center agents. The Illinois 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. In order to carry out this provision, each

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person applying as a cultivation center 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 Investigation criminal history records databases. The
Illinois State Police shall furnish, following positive
identification, all Illinois conviction information to the
Department of Agriculture.
(b) When applying for the initial permit, the background
checks for the principal officer, board members, and
registered agents shall be completed prior to submitting the
application to the Department of Agriculture.
(c) This Section is repealed on January 1, 2027.
(Source: P.A. 102-538, eff. 8-20-21.)
(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;

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(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
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

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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.
(h) Beginning July 1, 2026, all cultivation center
identification cards and renewals shall be renewed in
accordance with Section 20-45 of the Cannabis Regulation and
Tax Act.
(i) This Section is repealed on January 1, 2027.
(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
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

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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
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

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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
written or electronic communication.
(k) A cultivation center shall comply with all State and
federal rules and regulations regarding the use of pesticides.
(l) This Section is repealed on January 1, 2027.
(Source: P.A. 101-363, eff. 8-9-19; 102-538, eff. 8-20-21.)

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(410 ILCS 130/110)
Sec. 110. Suspension; revocation; other penalties for
cultivation centers and agents. Notwithstanding any other
criminal penalties related to the unlawful possession of
cannabis, the Department of Agriculture may revoke, suspend,
place on probation, reprimand, issue cease and desist orders,
refuse to issue or renew a registration, or take any other
disciplinary or non-disciplinary action as the Department of
Agriculture may deem proper with regard to a registered
cultivation center or cultivation center agent, including
imposing fines not to exceed $50,000 for each violation, for
any violations of this Act and rules adopted under this Act.
The procedures for disciplining a registered cultivation
center or cultivation center agent and for administrative
hearings shall be determined by rule. All final administrative
decisions of the Department of Agriculture 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. This Section is
repealed on January 1, 2027.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
(410 ILCS 130/115)
Sec. 115. Registration of dispensing organizations.
(a) The Department of Financial and Professional

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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
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 may 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

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of Education; or
(C) at least 20% of the households in the area
receive assistance under the Supplemental Nutrition
Assistance Program; or
(D) the area has an average unemployment rate, as
determined by the Illinois Department of Employment
Security, that is more than 120% of the national
unemployment average, as determined by the United
States Department of Labor, for a period of at least 2
consecutive calendar years preceding the date of the
application; and
(2) has high rates of arrest, conviction, and
incarceration related to 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

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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
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;

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(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
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

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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.
(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) (blank) 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.

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(g) This Section is repealed on January 1, 2027.
(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.
(a) 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

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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) Agent renewal on and after July 1, 2026 shall be in
accordance with Section 15-40 of the Cannabis Regulation Tax
Act An applicant shall be denied a dispensing organization
agent identification card if he or she has been convicted of an
excluded offense.
(g) This Section is repealed on January 1, 2027.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
(410 ILCS 130/125)
Sec. 125. Medical cannabis dispensing organization
certification renewal.

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(a) The registered dispensing organization shall receive
written notice 90 days prior to the expiration of its current
registration that the registration will expire. The Department
of Financial and Professional Regulation shall grant a renewal
application within 45 days of its submission if the following
conditions are satisfied:
(1) the registered dispensing organization submits a
renewal application and the required renewal fee
established by the Department of Financial and
Professional Regulation rules; and
(2) the Department of Financial and Professional
Regulation has not suspended the registered dispensing
organization or suspended or revoked the registration for
violation of this Act or rules adopted under this Act.
(b) If a dispensing organization fails to renew its
registration prior to expiration, the dispensing organization
shall cease operations until registration is renewed.
(c) If a dispensing organization agent fails to renew his
or her registration prior to its expiration, he or she shall
cease to work or volunteer at a dispensing organization until
his or her registration is renewed.
(d) Any dispensing organization that continues to operate
or dispensing agent that continues to work or volunteer at a
dispensing organization that fails to renew its registration
shall be subject to penalty as provided in Section 130.
(e) A dispensing organization licensed under this Act

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shall renew its license in accordance with Section 15-45 of
the Cannabis Regulation Tax Act on and after July 1, 2026.
(f) This Section is repealed on January 1, 2027.
(Source: P.A. 98-122, eff. 1-1-14.)
(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.
(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

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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
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
10 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

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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
identified on the registry identification card presented
to the dispensing organization agent;
(3) (blank); and
(4) that the registered qualifying patient has not
exceeded his or her adequate 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;

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(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
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

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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
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

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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
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.
(r) This Section is repealed on January 1, 2027.
(Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.)
(410 ILCS 130/140)
Sec. 140. Local ordinances. A unit of local government may
enact reasonable zoning ordinances or resolutions, not in
conflict with this Act or with Department of Agriculture or
Department of Financial and Professional Regulation rules,
regulating registered medical cannabis cultivation center or
medical cannabis dispensing organizations. No unit of local
government, including a home rule unit, or school district may
regulate registered medical cannabis organizations other than

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as provided in this Act and may not unreasonably prohibit the
cultivation, dispensing, and use of medical cannabis
authorized by this Act. This Section is a denial and
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.
This Section is repealed on January 1, 2027.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
(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 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,

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Department of Financial and Professional Regulation, Office of
Executive Inspector General, and Illinois State Police,
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, 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

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not contain names or other personally identifying
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

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condition; or
(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

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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.
(c) 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.
(e) Notwithstanding any other provision of this Section,
the Department of Financial and Professional Regulation and
the Department of Agriculture may share with the Department of
Commerce and Economic Opportunity any licensee information
necessary to support the administration of social equity
programming.

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(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
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, an Opioid
Alternative Patient Program participant, provisional patient,
or a registered designated caregiver, the registry

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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
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 and
Opioid Alternative Patient Program participants, 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 cards 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.)

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(410 ILCS 130/180)
Sec. 180. Destruction of medical cannabis.
(a) All cannabis byproduct, scrap, and harvested cannabis
not intended for distribution to a medical cannabis
organization must be destroyed and disposed of pursuant to
State law. Documentation of destruction and disposal shall be
retained at the cultivation center for a period of not less
than 5 years.
(b) A cultivation center shall prior to the destruction,
notify the Department of Agriculture and the Illinois State
Police.
(c) The cultivation center shall keep record of the date
of destruction and how much was destroyed.
(d) A dispensary organization shall destroy all cannabis,
including cannabis-infused products, that are not sold to
registered qualifying patients. Documentation of destruction
and disposal shall be retained at the dispensary organization
for a period of not less than 5 years.
(e) A dispensary organization shall prior to the
destruction, notify the Department of Financial and
Professional Regulation and the Illinois State Police.
(f) This Section is repealed on January 1, 2027.
(Source: P.A. 102-538, eff. 8-20-21.)
(410 ILCS 130/200)

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Sec. 200. Tax imposed.
(a) Beginning on January 1, 2014 and through December 31,
2025 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 January 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. Beginning July 1, 2026, the privilege of
cultivating cannabis shall be subject to the tax imposed under
Section 60-10 of the Cannabis Regulation and Tax Act. Through
June 30, 2026 the The proceeds from this tax shall be deposited

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into the Compassionate Use of Medical Cannabis Fund created
under the Compassionate Use of Medical Cannabis 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 130/205)
Sec. 205. Department enforcement.
(a) Every person subject to the tax under this Law shall
apply to the Department (upon a form prescribed and furnished
by the Department) for a certificate of registration under
this Law. Application for a certificate of registration shall
be made to the Department upon forms furnished by the
Department. The certificate of registration which is issued by
the Department to a retailer under the Retailers' Occupation
Tax Act shall permit the taxpayer to engage in a business which
is taxable under this Law without registering separately with
the Department. Beginning July 1, 2026, a person licensed as a
cultivation center or dispensing organization under the
Cannabis Regulation and Tax Act shall be deemed to be
sufficiently licensed under this Law by virtue of his or her

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being properly licensed under the Cannabis Regulation and Tax
Act.
(b) The Department shall have full power to administer and
enforce this Law, to collect all taxes and penalties due
hereunder, to dispose of taxes and penalties so collected in
the manner hereinafter provided, and to determine all rights
to credit memoranda, arising on account of the erroneous
payment of tax or penalty hereunder. In the administration of,
and compliance with, this Law, the Department and persons who
are subject to this Law shall have the same rights, remedies,
privileges, immunities, powers and duties, and be subject to
the same conditions, restrictions, limitations, penalties and
definitions of terms, and employ the same modes of procedure,
as are prescribed in Sections 1, 1a, 2 through 2-65 (in respect
to all provisions therein other than the State rate of tax),
2a, 2b, 2c, 3 (except provisions relating to transaction
returns and quarter monthly payments, and except for
provisions that are inconsistent with this Law), 4, 5, 5a, 5b,
5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11,
11a, 12 and 13 of the Retailers' Occupation Tax Act and Section
3-7 of the Uniform Penalty and Interest Act as fully as if
those provisions were set forth herein.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/210)
Sec. 210. Returns.

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(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
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.)

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(410 ILCS 130/80 rep.)
(410 ILCS 130/115.5 rep.)
(410 ILCS 130/135 rep.)
(410 ILCS 130/162 rep.)
Section 45. The Compassionate Use of Medical Cannabis
Program Act is amended by repealing Sections 80, 115.5, 135,
and 162.
Section 50. 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, 15-65, 15-70, 15-75, 15-85, 15-100, 15-135, 15-145,
25-35, 30-10, 30-30, 30-35, 30-45, 35-25, 35-30, 35-40, 40-25,
40-30, 45-5, 50-5, 55-5, 55-10, 55-30, 55-65, 55-85, 60-5,
60-10, 65-5, 65-10, 65-30, 65-38, 65-42, and the heading of
Article 20 and Sections 20-10, 20-15, 20-20, 20-21, 20-30,
20-35 and 20-45 and by adding Sections 15-13, 15-17, 15-23,
15-24, and 40-31 as follows:
(410 ILCS 705/1-10)
Sec. 1-10. Definitions. In this Act:
"Adequate medical supply" means:
(1) 10 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

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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
judgment, 10 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.
(3) This subsection may not be construed to authorize
the possession of more than 10 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.
"Adult Use Cultivation Center License" means a license
issued by the Department of Agriculture that permits a person
to act as a cultivation center under this Act and any
administrative rule made in furtherance of this Act.
"Adult Use Dispensing Organization License" means a
license issued by the Department of Financial and Professional
Regulation that permits a person to act as a dispensing
organization under this Act and any administrative rule made
in furtherance of this Act.
"Advertise" means to engage in promotional activities

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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.
"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;

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

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

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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 licensed cannabis business establishments to the licensed
cannabis testing facility and are exempt from the transporting
organization license requirements.
"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.

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"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
or cannabis-infused products.
"Conditional Adult Use Cultivation Center License" means a
license awarded to top-scoring applicants for a an Adult Use
Cultivation Center License that reserves the right to a 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

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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
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

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business establishments. As used in this Act, "cultivation
center" includes any cultivation center which prior to July 1,
2026, was a cultivation center as defined in the Compassionate
Use of Medical Cannabis Program Act.
"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 coins coin of the United
States.
"Designated caregiver" means a person who is at least 21
years of age, has agreed to assist with a patient's medical use
of cannabis, and 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 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

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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, designated and caregivers, Opioid Alternative
Patient Program participants, and provisional patients. As
used in this Act, "dispensing organization" includes any
dispensary which, prior to July 1, 2026, was a a registered
medical cannabis organization as defined in the Compassionate
Use of Medical Cannabis Program Act or its successor Act or
that has obtained an Early Approval Adult Use Dispensing
Organization License or Early Approval Adult Use Dispensing
Organization License at a Secondary Site under this Act.
"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

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

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

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

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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,
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

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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
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

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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.
"Member of an impacted family" means an individual who has
a parent, legal guardian, child, spouse, or dependent, or was
a dependent of an individual who, prior to the effective date
of this Act, was arrested for, convicted of, or adjudicated
delinquent for any offense that is eligible for expungement
under this Act.
"Mother plant" means a cannabis plant that is cultivated
or maintained for the purpose of generating clones, and that
will not be used to produce plant material for sale to an
infuser or dispensing organization.
"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

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from within an adjacent property.
"Ownership and control" means ownership of at least 51% of
the business, including corporate stock if a corporation, and
control over the management and day-to-day operations of the
business and an interest in the capital, assets, and profits
and losses of the business proportionate to percentage of
ownership.
"Person" means a natural individual, firm, partnership,
association, joint-stock 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, or caregiver, or Opioid Alternative
Patient Program participant under the Compassionate Use of
Medical Cannabis Program Act.
"Principal officer" includes a cannabis business
establishment applicant or licensed cannabis business
establishment's board member, owner with more than 10% 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,

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or revenue sharing arrangement. The definition includes a
person with authority to control the cannabis business
establishment, a person who assumes responsibility for the
debts of the cannabis business establishment and who is
further defined in this Act.
"Primary residence" means a dwelling where a person
usually stays or stays more often than other locations. It may
be determined by, without limitation, presence, tax filings;
address on an Illinois driver's license, an Illinois
Identification Card, or an Illinois Person with a Disability
Identification Card; or voter registration. No person may have
more than one primary residence.
"Provisional patient" means a qualifying patient who has
received a provisional registration from the Department of
Public Health.
"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.
"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,

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board member, employee, or agent of a processing organization.
"Processing organization agent identification card" means
a document issued by the Department of Agriculture that
identifies a person as a processing organization agent.
"Purchaser" means a person 21 years of age or older who
acquires cannabis for a valuable consideration. "Purchaser"
does not include a cardholder under the Compassionate Use of
Medical Cannabis Program Act.
"Qualifying Applicant" means an applicant that submitted
an application pursuant to Section 15-30 that received at
least 85% of 250 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
the definition of "Social Equity Applicant" as set forth under
this Section.
"Qualified Social Equity Applicant" means a Social Equity

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

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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 member of
an impacted family.
Nothing in this Act shall be construed to preempt or limit
the duties of any employer under the Job Opportunities for
Qualified Applicants Act. Nothing in this Act shall permit an
employer to require an employee to disclose sealed or expunged
offenses, unless otherwise required by law.
"Social Equity Lottery Licensee" means a holder of an
adult use cannabis dispensary license awarded through a
lottery held under subsection (c) of Section 15-35.20 of this
Act.

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"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
composed 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 of accurately measuring servings.
"Transporter transfer site" means a physical facility
approved by the Department of Agriculture to be operated by a
transporting organization where the transporting organization
may transfer product from one vehicle to another. The

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Department may allow for onsite storage of cannabis product by
rule.
"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

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(2) any cannabis plant that is cultivated solely for
the purpose of propagating clones and is never used to
produce cannabis.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
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 Social Equity Lottery
Licensees to pay for ordinary and necessary expenses to
start and operate a cannabis business establishment
permitted by this Act;
(2) to provide grants to Qualified Social Equity
Applicants and Social Equity Lottery Licensees to pay for
ordinary and necessary expenses to start and operate a
cannabis business establishment permitted by this Act;
(3) to compensate the Department of Commerce and
Economic Opportunity for any costs related to the
provision of low-interest loans and grants to Qualified

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Social Equity Applicants and Social Equity Lottery
Licensees;
(4) to pay for outreach that may be provided or
targeted to attract and support Social Equity Applicants
and Qualified Social Equity Applicants and Social Equity
Lottery Licensees;
(5) to provide financial assistance to support lending
to, or private investment in, Qualified Social Equity
Applicants and Social Equity Lottery Licensees, or to
facilitate access to the facilities needed to commence
operations as a cannabis business establishment (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
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, Social Equity Lottery Licensees, or
their subsidiaries or affiliates, to ensure the
availability of facilities necessary to operate a cannabis
business establishment;
(7) (blank); and
(8) to assist with job training and technical
assistance for residents in Disproportionately Impacted

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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).
(c-5) In addition to any other transfers that may be
provided for by law, on July 1, 2026 and each July 1 thereafter
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

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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 Social Equity Lottery
Licensees.
(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 Social Equity Lottery
Licensees in gaining entry to, and successfully operating
in, the State's regulated cannabis marketplace;
(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;
(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;

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(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 to
facilitate lending to or investment in Qualified Social
Equity Applicants, Social Equity Lottery Licensees, or
their subsidiaries or affiliates, to ensure the
availability of facilities necessary to operate a cannabis
business establishment;
(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

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purposes of this Act.
(c) 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,
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 lot 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 a loan. The
Department may determine the number of loans available
based on the amount of funding available and communicate
the number of loans available on the loan application. The
Department may use competitive criteria to establish which
applicants are eligible to receive a grant, loan, or
financial assistance.
(d) Grants made under this Section shall be awarded on a
competitive and annual basis under the Grant Accountability

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and Transparency Act. Grants made under this Section shall
further and promote the goals of this Act, including promotion
of Social Equity Applicants, Qualified Social Equity
Applicants, or Social Equity Lottery Licensees, job training
and workforce development, and technical assistance to Social
Equity Applicants and Social Equity Lottery Licensees. 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 a grant so long as federal law
prohibits the cultivation and sale of cannabis.
(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
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;

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(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, the Department of
Financial and Professional Regulation and the Department of
Agriculture shall waive 50% of any nonrefundable license
application fees, 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

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(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
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 may provide hardship
waivers for craft grower and infuser license and renewal fees
due to the Department after July 1, 2026 pursuant to the
provisions below:
(1) The craft grower or infuser organization attests

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that the craft grower or infuser 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 and infuser organizations that
have a total of $50,000 or less of reported gross income
for the prior fiscal year, the Department may waive the
full license or renewal fee. The craft grower or infuser
organization shall verify its income to the Department.
(3) For craft grower and infuser organizations that
have a gross income of between $50,001 and $750,000, the
Department may waive 50% of the full license or renewal
fee. The craft grower or infuser organization shall 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) 120 30 grams of cannabis flower;
(2) no more than 2,000 500 milligrams of THC contained
in cannabis-infused product;

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(3) 20 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 120 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) 120 15 grams of cannabis flower;
(2) 20 2.5 grams of cannabis concentrate; and
(3) 2,000 250 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.
(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, excluding 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 registered patient, provisional
patient, designated caregiver, or Opioid Alternative Patient
Program participant shall knowingly obtain, seek to obtain, or

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possess, individually or collectively, an amount that would
cause the individual to exceed their adequate medical supply
under the Compassionate Use of Medical Cannabis Program Act.
(e) 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
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.

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(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
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

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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. This Article does not apply to medical cannabis
dispensing organizations registered under the Compassionate
Use of Medical Cannabis Pilot Program Act, except where
otherwise specified. This Section is repealed on July 1, 2026.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/15-13 new)
Sec. 15-13. Adult Use and medical cannabis dispensing
organization license merger; medical patient prioritization.
(a) Beginning July 1, 2026, all medical cannabis
dispensing organizations registered under the Compassionate
Use of Medical Cannabis Program Act and that have received an
Early Approval Adult Use Dispensing Organization License shall
be deemed to be an adult use dispensing organization licensed
pursuant to Section 15-36 of this Act. In addition to selling
cannabis and cannabis-infused products to persons 21 years of
age or older, beginning July 1, 2026, but no later than October
1, 2026, all dispensing organizations licensed pursuant to
Section 15-36 of this Act shall also offer services to
registered qualifying patients, provisional patients,
designated caregivers, and Opioid Alternative Patient Program

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participants.
(b) Beginning July 1, 2026, all dispensing organization
agents registered under the Compassionate Use of Medical
Cannabis Program Act shall be deemed to be a dispensing
organization agent as that term is defined in this Act. All
dispensing organization agents registered under the
Compassionate Use of Medical Cannabis Program Act shall have
the same rights, privileges, duties, and responsibilities of
dispensing organization agents licensed under this Act. All
dispensing organization agents shall be subject to this Act
and any administrative rules adopted under this Act.
(c) On and after July 1, 2026, any dispensing organization
previously registered as an Early Approval Adult Use
Dispensing Organization License or an Early Approval Adult Use
Dispensing Organization at a secondary site shall renew
pursuant to Section 15-45 of this Act. The Department shall
prorate any dispensing organization previously registered as
an Early Approval Adult Use Dispensing Organization License or
an Early Approval Adult Use Dispensing Organization at a
secondary site's first renewal fee due under Section 15-45.
(d) By October 1, 2026, all dispensing organizations shall
pay a one-time fee of $10,000 to be deposited into the
Compassionate Use of Medical Cannabis Fund. After this
one-time fee, all dispensing organizations shall renew
pursuant to the provisions of Section 15-45. The Department
may approve payment plans that extend beyond October 1, 2026

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for the fee paid under this subsection if the first payment
under the payment plan is remitted by October 1, 2026.
(e) All dispensing organizations must maintain an adequate
supply of cannabis and cannabis-infused products for purchase
by qualifying patients, designated caregivers, provisional
patients, and Opioid Alternative Patient Program participants.
For the purposes of this subsection, the Department may
promulgate administrative rules establishing what constitutes
an adequate supply and how dispensing organizations may cure
any adequate supply shortages.
(f) If there is a shortage of cannabis or cannabis-infused
products, a dispensing organization shall prioritize serving
qualifying patients, designated caregivers, provisional
patients, and Opioid Alternative Patient Program participants
before serving purchasers.
(g) Beginning July 1, 2026, cannabis and cannabis-infused
products purchased from a dispensing organization by a
qualified patient, provisional patient, designated caregiver,
or Opioid Alternative Patient Program participant are not
subject to tax under Section 65-10 of this Act.
(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

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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
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;

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(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;
(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

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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
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

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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
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

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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,
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),

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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
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.

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(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
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.

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(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
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

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(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.
(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

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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) On and after July 1, 2026, all dispensaries which were
previously issued an Early Approval Adult Use Dispensing
Organization License pursuant to this Section shall be deemed
to be a dispensary pursuant to Section 15-36 of this Act.
(r) This Section is repealed on January 1, 2027.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21.)
(410 ILCS 705/15-17 new)
Sec. 15-17. Early Approval Adult Use Dispensing
Organization License merger with Adult Use Dispensing
Organization License.
(a) On and after July 1, 2026, all dispensing

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organizations previously registered as an Early Approval Adult
Use Dispensing Organization License shall be a dispensing
organization or a dispensary under this Act and shall be an
Adult Use Dispensing Organization License holder under Section
15-36 of this Act.
(b) The BLS Region in which the dispensing organization
licensee's Early Approval Adult Use Dispensing Organization
License was originally issued shall be considered the
licensee's BLS Region. The dispensing organization shall
remain in that BLS Region even if the license or licensee
changes its ownership, is sold, is relocated under Section
15-24 of this Act, or receives authorization under subsection
(e-5) of Section 15-25.
(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

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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
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;

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(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
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

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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
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

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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).
(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

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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
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

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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
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.

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(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
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

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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
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

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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
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

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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 meet
all of the criteria in Section 15-36.
(q) 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 (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

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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.
(u) On and after July 1, 2026, all dispensaries that were
previously issued an Early Approval Adult Use Dispensing
Organization at a secondary site license pursuant to this
Section shall be deemed to be a dispensary pursuant to Section
15-36 of this Act.
(v) This Section is repealed on January 1, 2027.
(Source: P.A. 104-417, eff. 8-15-25.)
(410 ILCS 705/15-23 new)
Sec. 15-23. Early Approval Adult Use Dispensing
Organization at a secondary site license merger with Adult Use
Dispensing Organization license.
(a) On and after July 1, 2026, all dispensing
organizations previously registered as an Early Approval Adult
Use Dispensing Organization at a secondary site license shall

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be a dispensing organization or a dispensary under this Act
and shall be an Adult Use Dispensing Organization License
holder under Section 15-36 of this Act.
(b) The BLS Region in which the dispensing organization
licensee's Early Approval Adult Use Dispensing Organization at
a secondary site license was originally issued shall be
considered the licensee's BLS Region. The dispensing
organization shall remain in that BLS Region even if the
license or licensee changes its ownership, is sold, is
relocated under Section 15-24 of this Act, or receives
authorization under subsection (e-5) of Section 15-25.
(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

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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
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.

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

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

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

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

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

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least 2,500 words that establishes a goal of diversity in
ownership, management, employment, and contracting to
ensure that diverse participants and groups are afforded
equality of opportunity;
(29) (blank) A contract with a private security
contractor agency that is licensed under Section 10-5 of
the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004 in order for
the dispensary to have adequate security at its facility;
and
(30) Other information deemed necessary by the
Illinois Cannabis Regulation Oversight Officer to conduct
the disparity and availability study referenced in
subsection (e) of Section 5-45.
(e) An applicant who receives a Conditional Adult Use
Dispensing Organization License under this Section has 180
days from the date of award to identify a physical location for
the dispensing organization retail storefront. 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. However, the Department may approve
locations to be within 1,500 feet of each other if both have
received local government zoning approval for sites within

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1,500 feet of each other and the conditional licenses were
issued pursuant to a lottery conducted under 68 Ill. Adm. Code
1291.50, subsection (c) of Section 15-35.20, Section 15-35, or
Section 15-35.10. 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
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

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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
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

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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.
(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,

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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.
(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.

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(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
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

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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.
(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

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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,
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

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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
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

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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. However,
the Department may approve locations to be within 1,500 feet
of each other if both have received local government zoning
approval for sites within 1,500 feet of each other and the
conditional licenses were issued pursuant to a lottery
conducted under 68 Ill. Adm. Code 1291.50, subsection (c) of
Section 15-35.20, Section 15-35, or Section 15-35.10.
(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
cannabis or cannabis-infused products until the dispensing
organization has received an Adult Use Dispensing Organization

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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:
(1) An applicant who is unqualified to perform the
duties required of the applicant.

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(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
licensee is delinquent in filing any required tax return or
paying any amount owed to the State of Illinois.

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(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
Department.
(l) If an applicant has not begun operating as a

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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
Applicant.
The licenses issued under this Section shall be awarded in

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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,
safety, and welfare.
(b) The Department shall distribute the available licenses

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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
of more than 2 Conditional Adult Use Dispensing
Organization Licenses awarded under this Section.

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(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
Department. If the Dispensary Applicant or licensees do
not notify the Department as required, the Department

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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
address an additional 540 days if the Conditional Adult Use
Dispensing Organization License holder demonstrates a concrete

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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
Conditional Adult Use Dispensing Organization License. If the
new awardee is unable to accept the Conditional Adult Use

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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. However, the Department may approve locations to
be within 1,500 feet of each other if both have received local
government zoning approval for sites within 1,500 feet of each
other and the conditional licenses were issued pursuant to a
lottery conducted under 68 Ill. Adm. Code 1291.50, subsection
(c) of Section 15-35.20, Section 15-35, or Section 15-35.10.
(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

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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
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.

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(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 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.

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(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.
(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

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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 705/15-36)
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 pursuant to this Act or its administrative rules, was
issued an Early Approval Adult Use Dispensing Organization
License, an Early Approval Adult Use Dispensing Organization
License at a Secondary Site, or was a registered medical
dispensing organization as defined under the Compassionate Use
of Medical Cannabis Act or has renewed its license pursuant to
subsection (k) of Section 15-15 or subsection (p) of Section
15-20.
(a-5) Beginning July 1, 2026, all dispensing organizations
registered under the Compassionate Use of Medical Cannabis

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Program Act and Sections 15-15 and 15-20 of this Act shall be a
dispensing organization or a dispensary as those terms are
defined in this Act and shall be an Adult Use Dispensing
Organization License holder under this Section. Beginning July
1, 2026, all dispensing organizations registered under the
Compassionate Use of Medical Cannabis Program Act and Sections
15-15 and 15-20 of this Act shall have the same rights,
privileges, duties, and responsibilities of dispensing
organizations licensed pursuant to this Section and shall be
subject to any administrative rules adopted under this Act.
(a-10) In addition to selling cannabis and
cannabis-infused products to persons 21 years of age or older,
beginning July 1, 2026, but no later than October 1, 2026, all
dispensing organizations licensed pursuant to this Act shall
also offer cannabis and cannabis-infused products for sale to
registered qualifying patients, provisional patients,
designated caregivers, and Opioid Alternative Patient Program
participants.
(a-15) By October 1, 2026, all dispensing organizations
licensed under Section 15-36 shall pay the fee under
subsection (d) of Section 15-13 of this Act or shall have
entered into an approved payment plan with the Department to
pay the fee.
(b) The Department shall not issue an Adult Use Dispensing
Organization License until:
(1) the Department has inspected the dispensary site

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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 $70,000 $60,000
or 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;
$60,000 (or the proportional prorated amount paid) of the
fee shall be remitted into the Cannabis Regulation Fund,
and $10,000 (or the proportional prorated amount paid) of
the fee shall be remitted into the Compassionate Use of
Medical Cannabis Fund; 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 licensed under this
Article. Further, 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;
(2) a principal officer of a dispensing organization
or registered medical cannabis dispensing organization; or
(3) an entity controlled by or affiliated with a
principal officer of a dispensing organization or

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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 Early Approval
Adult Use Dispensing Organization Licenses, Early Approval
Adult Use Dispensing Organization Licenses at a secondary
site, Conditional Adult Use Dispensing Organization Licenses,
or Adult Use Dispensing Organization Licenses. For the purpose
of this subsection, participating in 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,
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.

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(Source: P.A. 104-417, eff. 8-15-25.)
(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
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

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identification card visible at all times when in the
dispensary.
(c) The dispensing organization agent identification cards
shall contain the following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of the
dispensing organization agent identification cards;
(3) a random 10-digit alphanumeric identification
number containing at least 4 numbers and at least 4
letters that is unique to the cardholder; and
(4) a photograph of the cardholder.
(d) (Blank) The dispensing organization agent
identification cards shall be immediately returned to the
dispensing organization upon termination of employment.
(e) The Department shall not issue an agent identification
card if the applicant is delinquent in filing any required tax
returns or paying any amounts owed to the State of Illinois.
(f) Any card lost by a dispensing organization agent shall
be reported to the 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 card and said card shall not be specific to any
individual dispensing organization, it shall be specific to

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the individual and allow for freedom of movement between
various dispensing organizations for the same employer
regardless of what type of dispensing organization license the
employer holds.
(i) Cannabis retail sales training requirements.
(1) Within 90 days of September 1, 2019, or 90 days of
employment, whichever is later, all owners, managers,
employees, and agents involved in the handling or sale of
cannabis or cannabis-infused product employed by an adult
use dispensing organization or medical cannabis dispensing
organization as defined in Section 10 of the Compassionate
Use of Medical Cannabis Program Act shall attend and
successfully complete a Responsible Vendor Program.
(2) Each owner, manager, employee, and agent of an
adult use dispensing organization or medical cannabis
dispensing organization shall successfully complete the
program annually.
(3) Responsible Vendor Program Training modules shall
include at least 2 hours of instruction time approved by
the Department including:
(i) Health and safety concerns of cannabis use,
including the responsible use of cannabis, its
physical effects, onset of physiological effects,
recognizing signs of impairment, and appropriate
responses in the event of overconsumption.
(ii) Training on laws and regulations on driving

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while under the influence and operating a watercraft
or snowmobile while under the influence.
(iii) Sales to minors prohibition. Training shall
cover all relevant Illinois laws and rules.
(iv) Quantity limitations on sales to purchasers.
Training shall cover all relevant Illinois laws and
rules.
(v) Acceptable forms of identification. Training
shall include:
(I) How to check identification; and
(II) Common mistakes made in verification;
(vi) Safe storage of cannabis;
(vii) Compliance with all inventory tracking
system regulations;
(viii) Waste handling, management, and disposal;
(ix) Health and safety standards;
(x) Maintenance of records;
(xi) Security and surveillance requirements;
(xii) Permitting inspections by State and local
licensing and enforcement authorities;
(xiii) Privacy issues, including, but not limited
to, the safe storage and handling of confidential
information such as qualifying patient information;
(xiv) Packaging and labeling requirement for sales
to purchasers; and
(xv) Prioritizing the needs of a qualifying

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patient, provisional patient, designated caregiver, or
Opioid Alternative Patient Program participant; and
(xvi) 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.
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

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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 between August 1 and August 15 of each
odd-numbered year and include a nonrefundable application fee
of $2,000 to be deposited into the Cannabis Regulation Fund or
a fee as may be set by rule.
(r) All persons applying to become or renewing their
registrations to be agents, including agents-in-charge and
principal officers, shall disclose any disciplinary action
taken against them that may have occurred in Illinois, another
state, or another country in relation to their employment at a
cannabis business establishment or at any cannabis cultivation
center, processor, infuser, dispensary, or other cannabis
business establishment.
(s) An agent applicant may begin employment at a
dispensing organization while the agent applicant's
identification card application is pending. Upon approval, the

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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.
(u) Beginning July 1, 2026, all dispensing organization
agents registered under the Compassionate Use of Medical
Cannabis Program Act shall, subject to the agent being in good
standing with all licensing requirements, be deemed to be an
agent under this Act. The Department shall issue all agents
previously registered as an agent under the Compassionate Use
of Medical Cannabis Program Act a new license number at the
time of their first renewal on or after July 1, 2026.
(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) Adult Use Dispensing Organization Licenses shall
expire on March 31 of even-numbered years.

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(b) Agent identification cards shall expire one year from
the date they are issued.
(c) 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, $60,000, to be
deposited into the Cannabis Regulation Fund; and $10,000
to be deposited into Compassionate Use of Medical Cannabis
Fund.
(2) For an agent identification card, $100, to be
deposited into the Cannabis Regulation Fund.
(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

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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 705/15-65)
Sec. 15-65. Administration.
(a) A dispensing organization shall establish, maintain,
and comply with written policies and procedures as submitted
in the Business, Financial and Operating plan as required in
this Article or by rules established by the Department, and
approved by the Department, for the security, storage,
inventory, and distribution of cannabis. These policies and
procedures shall include methods for identifying, recording,

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and reporting diversion, theft, or loss, and for correcting
errors and inaccuracies in inventories. At a minimum,
dispensing organizations shall ensure the written policies and
procedures provide for the following:
(1) Mandatory and voluntary recalls of cannabis
products. The policies shall be adequate to deal with
recalls due to any action initiated at the request of the
Department and any voluntary action by the dispensing
organization to remove defective or potentially defective
cannabis from the market or any action undertaken to
promote public health and safety, including:
(i) A mechanism reasonably calculated to contact
purchasers who have, or likely have, obtained the
product from the dispensary, including information on
the policy for return of the recalled product;
(ii) A mechanism to identify and contact the adult
use cultivation center, craft grower, or infuser that
manufactured the cannabis;
(iii) Policies for communicating with the
Department, the Department of Agriculture, and the
Department of Public Health within 24 hours of
discovering defective or potentially defective
cannabis; and
(iv) Policies for destruction of any recalled
cannabis product;
(2) Responses to local, State, or national

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

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(6) Maintenance of business records consistent with
industry standards, including bylaws, consents, manual or
computerized records of assets and liabilities, audits,
monetary transactions, journals, ledgers, and supporting
documents, including agreements, checks, invoices,
receipts, and vouchers. Records shall be maintained in a
manner consistent with this Act and shall be retained for
5 years;
(7) Inventory control, including:
(i) Tracking purchases and denials of sale;
(ii) Disposal of unusable or damaged cannabis as
required by this Act and rules; and
(8) Purchaser education and support, including:
(i) Whether possession of cannabis is illegal
under federal law;
(ii) Current educational information issued by the
Department of Public Health about the health risks
associated with the use or abuse of cannabis;
(iii) Information about possible side effects;
(iv) Prohibition on smoking cannabis in public
places; and
(v) Offering any other appropriate purchaser
education or support materials.
(b) Blank.
(c) A dispensing organization shall maintain copies of the
policies and procedures on the dispensary premises and provide

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copies to the Department upon request. The dispensing
organization shall review the dispensing organization policies
and procedures at least once every 12 months from the issue
date of the license and update as needed due to changes in
industry standards or as requested by the Department.
(d) A dispensing organization shall ensure that each
principal officer and each dispensing organization agent has a
current agent identification card in the agent's immediate
possession when the agent is at the dispensary.
(e) A dispensing organization shall provide prompt written
notice to the Department, including the date of the event,
when a dispensing organization agent no longer is employed by
the dispensing organization.
(f) A dispensing organization shall promptly document and
report any loss or theft of cannabis from the dispensary to the
Illinois State Police and the Department. It is the duty of any
dispensing organization agent who becomes aware of the loss or
theft to report it as provided in this Article.
(g) A dispensing organization shall post the following
information in a conspicuous location in an area of the
dispensary accessible to consumers:
(1) The dispensing organization's license;
(2) The hours of operation.
(h) Signage that shall be posted inside the premises.
(1) All dispensing organizations must display a
placard that states the following: "Cannabis consumption

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

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notices inside the dispensing organization that state
activities that are strictly prohibited and punishable by law,
including, but not limited to:
(1) no minors permitted on the premises unless the
minor is a minor qualifying patient under the
Compassionate Use of Medical Cannabis Program Act;
(2) distribution to persons under the age of 21 is
prohibited;
(3) transportation of cannabis or cannabis products
across state lines is prohibited.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-538, eff. 8-20-21.)
(410 ILCS 705/15-70)
Sec. 15-70. Operational requirements; prohibitions.
(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) Beginning July 1, 2026, but no later than October 1,
2026, all dispensaries shall have a patient prioritization
plan demonstrating that the dispensary is prioritizing
qualifying patients, provisional patients, designated
caregivers, and Opioid Alternative Patient Program
participants. Prioritization may include, but is not limited
to, the following: a dedicated service line for patients or
caregivers; a dedicated time of the day for patients or

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caregivers, so long as the dispensary remains open at all
other hours of operation to serve patients and caregivers; and
a dedicated register for patients or caregivers 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 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
be accepted through the public or limited access areas unless
otherwise approved by the Department.

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(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) No dispensaries shall operate between 2 a.m. and A
dispensary may operate between 6 a.m. and 10 p.m. local time.
(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 may must 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

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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 a 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 purchaser has been verified to be 21
years of age or older, or beginning July 1, 2026, the
person is verified to be a qualifying patient, provisional
patient, designated caregiver, or Opioid Alternative
Patient Program participant 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;

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(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;
(8) Allow for the dispensing of cannabis or
cannabis-infused products in vending machines;
(9) Transport cannabis to residences or transport

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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 clones or any other live plant material;
(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

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receipt;
(18) Have a certifying health care professional
on-site at the dispensary, make referrals to a certifying
health care professional, include links to a certifying
health care professional on the dispensary's website, or
otherwise direct patients to a certifying health care
professional;
(19) Beginning July 1, 2026, fail to
prioritize qualifying patients, provisional patients,
designated caregivers, and Opioid Alternative Patient
Program participants; or
(20) 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

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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 a 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 705/15-75)
Sec. 15-75. Inventory control system.
(a) A dispensing organization agent-in-charge shall have
primary oversight of the dispensing organization's cannabis
inventory verification system, and its point-of-sale system.

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The inventory point-of-sale system shall be real-time,
web-based, and accessible by the Department at any time. The
point-of-sale system shall track, at a minimum the date of
sale, amount, price, and currency.
(b) A dispensing organization shall establish an account
with the State's verification system that documents:
(1) Each sales transaction at the time of sale and
each day's beginning inventory, acquisitions, sales,
disposal, and ending inventory.
(2) Acquisition of cannabis and cannabis-infused
products from a licensed adult use cultivation center,
craft grower, infuser, or transporter, including:
(i) A description of the products, including the
quantity, strain, variety, and batch number of each
product received;
(ii) The name and registry identification number
of the licensed adult use cultivation center, craft
grower, or infuser providing the cannabis and
cannabis-infused products;
(iii) The name and registry identification number
of the licensed adult use cultivation center, craft
grower, infuser, or transporting agent delivering the
cannabis;
(iv) The name and registry identification number
of the dispensing organization agent receiving the
cannabis; and

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(v) The date of acquisition.
(3) The disposal of cannabis, including:
(i) A description of the products, including the
quantity, strain, variety, batch number, and reason
for the cannabis being disposed;
(ii) The method of disposal; and
(iii) The date and time of disposal.
(c) Upon cannabis delivery, a dispensing organization
shall confirm the product's name, strain name, weight, and
identification number on the manifest matches the information
on the cannabis product label and package. The product name
listed and the weight listed in the State's verification
system shall match the product packaging.
(d) The agent-in-charge shall conduct daily inventory
reconciliation documenting and balancing cannabis inventory by
confirming the State's verification system matches the
dispensing organization's point-of-sale system and the amount
of physical product at the dispensary.
(1) A dispensing organization must receive Department
approval before completing an inventory adjustment. It
shall provide a detailed reason for the adjustment.
Inventory adjustment documentation shall be kept at the
dispensary for 2 years from the date performed.
(2) If the dispensing organization identifies an
imbalance in the amount of cannabis after the daily
inventory reconciliation due to mistake, the dispensing

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organization shall determine how the imbalance occurred
and immediately upon discovery take and document
corrective action. If the dispensing organization cannot
identify the reason for the mistake within 2 calendar days
after first discovery, it shall inform the Department
immediately in writing of the imbalance and the corrective
action taken to date. The dispensing organization shall
work diligently to determine the reason for the mistake.
(3) If the dispensing organization identifies an
imbalance in the amount of cannabis after the daily
inventory reconciliation or through other means due to
theft, criminal activity, or suspected criminal activity,
the dispensing organization shall immediately determine
how the reduction occurred and take and document
corrective action. Within 24 hours after the first
discovery of the reduction due to theft, criminal
activity, or suspected criminal activity, the dispensing
organization shall inform the Department and the Illinois
State Police in writing.
(4) The dispensing organization shall file an annual
compilation report with the Department, including a
financial statement that shall include, but not be limited
to, an income statement, balance sheet, profit and loss
statement, statement of cash flow, wholesale cost and
sales, and any other documentation requested by the
Department in writing. The financial statement shall

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include any other information the Department deems
necessary in order to effectively administer this Act and
all rules, orders, and final decisions promulgated under
this Act. Statements required by this Section shall be
filed with the Department within 60 days after the end of
the calendar year. The compilation report shall include a
letter authored by a licensed certified public accountant
that it has been reviewed and is accurate based on the
information provided. The dispensing organization,
financial statement, and accompanying documents are not
required to be audited unless specifically requested by
the Department.
(e) A dispensing organization shall:
(1) Maintain the documentation required in this
Section in a secure locked location at the dispensing
organization for 5 years from the date on the document;
(2) Provide any documentation required to be
maintained in this Section to the Department for review
upon request; and
(3) If maintaining a bank account, retain for a period
of 5 years a record of each deposit or withdrawal from the
account.
(f) If a dispensing organization chooses to have a return
policy for cannabis and cannabis products, the dispensing
organization shall seek prior approval from the Department.
(g) Beginning July 1, 2026, all dispensing organizations

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shall maintain internal, confidential records that record a
registered qualifying patient, provisional patient, designated
caregiver, or Opioid Alternative Patient Program participant's
transactions for the patient's adequate medical supply and
whether it was dispensed directly to the patient or to the
designated caregiver. Each entry must include the amount and
the date and time the cannabis was dispensed. Additional
recordkeeping requirements may be set by rule.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-538, eff. 8-20-21.)
(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
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

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identification;
(3) Offer any appropriate purchaser education or
support materials;
(3-5) Verify the qualifying patient, provisional
patient, designated caregiver, or Opioid Alternative
Patient Program participant's registration card, if
purchasing as a patient or caregiver;
(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.
(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 or a qualifying patient,
provisional patient, designated caregivers, or Opioid
Alternative Patient Program participants registered under the

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Compassionate Use of Medical Cannabis Program Act. 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) A dispensing organization shall not dispense to a
registered qualifying patient, provisional patient, or a
designated caregiver, an amount exceeding the patient's
adequate medical supply unless the qualifying patient has a
Department of Public Health-approved quantity waiver.
(e) Notwithstanding any other provision of law, a
dispensing organization may offer pickup or drive-through
locations for cannabis or cannabis-infused products to
purchasers over 21 years of age, qualifying patients,
provisional patients, and designated caregivers in accordance
with Section 15-100 of this Act.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21.)
(410 ILCS 705/15-100)
Sec. 15-100. Security.

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(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
operational hours, cannabis shall be stored in an enclosed
locked room or cabinet and accessible only to specifically
authorized dispensing organization agents;

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(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. Orders in the pickup or
drive-through location may only be placed by the purchaser
or patient in advance, and the dispensing organization
shall, prior to dispensing the cannabis, confirm that the
purchaser, registered qualifying patient, provisional
patient, designated caregiver, or Opioid Alternative
Patient Program participant is in 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;

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(10) Maintain an operational security and alarm system
at all times;
(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; and
(17) Maintain a security and safe storage plan for
qualifying patient information. The health care
professional-patient privilege as set forth by Section
8-802 of the Code of Civil Procedure shall apply between a

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qualifying patient, provisional patient, Opioid
Alternative Patient Program participant, and a dispensing
organization and its agents with respect to communications
and records concerning patients' debilitating conditions.
(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
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

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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
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

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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
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.

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(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.
(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;

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(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
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

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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
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

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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.)
(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 conducted using
standardized inspection protocols, including uniform
inspection checklists and evaluation criteria applicable
statewide and current inspection checklists shall be made
available to licensees upon request. Inspections shall be
limited to the scope identified in the applicable inspection
checklist. A written report summarizing the inspection shall
be issued to the licensee within 30 calendar days; any
violation shall reference the specific statutory or regulatory

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provision(s) violated. Licensees shall have the right to
appeal any violation within 30 days of receiving the written
findings.
(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
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.

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(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.)
(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

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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;
(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

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Department audit of capital or funds;
(14) A finding by the Department of acceptance of
cannabis from a source other than a cultivation center 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
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

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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
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; and .
(30) Engaging in a pattern of nonpayment or late

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payment for goods or services to a cannabis business
establishment.
(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
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/Art. 20 heading)
Article 20.
Adult Use Cultivation Centers
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/20-10)
Sec. 20-10. Early Approval of Adult Use Cultivation Center
License.
(a) Any medical cannabis cultivation center registered and
in good standing 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 but no later
than 180 days from the effective date of this Act, apply to the

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Department of Agriculture for an Early Approval Adult Use
Cultivation Center License to produce cannabis and
cannabis-infused products at its existing facilities as of the
effective date of this Act.
(b) A medical cannabis cultivation center seeking issuance
of an Early Approval Adult Use Cultivation Center License
shall submit an application on forms provided by the
Department of Agriculture. The application must meet or
include the following qualifications:
(1) Payment of a nonrefundable application fee of
$100,000 to be deposited into the Cannabis Regulation
Fund;
(2) Proof of registration as a medical cannabis
cultivation center that is in good standing;
(3) Submission of the application by the same person
or entity that holds the medical cannabis cultivation
center registration;
(4) Certification that the applicant will comply with
the requirements of Section 20-30;
(5) The legal name of the cultivation center;
(6) The physical address of the cultivation center;
(7) The name, address, social security number, and
date of birth of each principal officer and board member
of the cultivation center; each of those individuals shall
be at least 21 years of age;
(8) A nonrefundable Cannabis Business Development Fee

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equal to 5% of the cultivation center's total sales
between June 1, 2018 to June 1, 2019 or $750,000,
whichever is less, but at not less than $250,000, to be
deposited into the Cannabis Business Development Fund; and
(9) A commitment to completing one of the following
Social Equity Inclusion Plans provided for in this
subsection (b) before the expiration of the Early Approval
Adult Use Cultivation Center License:
(A) A contribution of 5% of the cultivation
center's total sales from June 1, 2018 to June 1, 2019,
or $100,000, whichever is less, to one of the
following:
(i) the Cannabis Business Development Fund.
This is in addition to the fee required by item (8)
of this subsection (b);
(ii) a cannabis industry training or education
program at an Illinois community college as
defined in the Public Community College Act;
(iii) a program that provides job training
services to persons recently incarcerated or that
operates in a Disproportionately Impacted Area.
(B) Participate as a host in a cannabis business
incubator program for at least one year approved by
the Department of Commerce and Economic Opportunity,
and in which an Early Approval Adult Use Cultivation
Center License holder agrees to provide a loan of at

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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 Cultivation
Center 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
Cultivation Center License holder fails to find a
business to incubate to comply with this subsection
before its Early Approval Adult Use Cultivation Center
License expires, it may opt to meet the requirement of
this subsection by completing another item from this
subsection prior to the expiration of its Early
Approval Adult Use Cultivation Center License to avoid
a penalty.
(c) An Early Approval Adult Use Cultivation Center License
is valid until March 31, 2021. A cultivation center that
obtains an Early Approval Adult Use Cultivation Center License
shall receive written or electronic notice 90 days before the
expiration of the license that the license will expire, and

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inform the license holder that it may renew its Early Approval
Adult Use Cultivation Center License. The Department of
Agriculture shall grant a renewal of an Early Approval Adult
Use Cultivation Center License within 60 days of submission of
an application if:
(1) the cultivation center submits an application and
the required renewal fee of $100,000 for an Early Approval
Adult Use Cultivation Center License;
(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; and
(3) the cultivation center has completed a Social
Equity Inclusion Plan as required by item (9) of
subsection (b) of this Section.
(c-5) The Early Approval Adult Use Cultivation Center
License renewed pursuant to subsection (c) of this Section
shall expire March 31, 2022. The Early Approval Adult Use
Cultivation Center Licensee 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 apply for a an Adult Use Cultivation Center
License. The Department of Agriculture shall grant a
Cultivation Center an Adult Use Dispensing Organization
License within 60 days of an application being deemed complete
if the applicant meets all of the criteria in Section 20-21.

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(d) The license fee required by paragraph (1) of
subsection (c) of this Section shall be in addition to any
license fee required for the renewal of a registered medical
cannabis cultivation center license that expires during the
effective period of the Early Approval Adult Use Cultivation
Center License.
(e) Applicants must submit all required information,
including the requirements in subsection (b) of this Section,
to the Department of Agriculture. Failure by an applicant to
submit all required information may result in the application
being disqualified.
(f) If the Department of Agriculture receives an
application with missing information, the Department may 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.
(g) If an applicant meets all the requirements of
subsection (b) of this Section, the Department of Agriculture
shall issue the Early Approval Adult Use Cultivation Center
License within 14 days of receiving the application unless:
(1) The licensee; principal officer, board member, or
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;

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(2) The Director of Agriculture determines there is
reason, based on an inordinate number of documented
compliance violations, the licensee is not entitled to an
Early Approval Adult Use Cultivation Center License; or
(3) The licensee fails to commit to the Social Equity
Inclusion Plan.
(h) A cultivation center may begin producing cannabis and
cannabis-infused products once the Early Approval Adult Use
Cultivation Center License is approved. A cultivation center
that obtains an Early Approval Adult Use Cultivation Center
License may begin selling cannabis and cannabis-infused
products on December 1, 2019.
(i) An Early Approval Adult Use Cultivation Center License
holder must continue to produce and provide an adequate supply
of cannabis and cannabis-infused products for purchase by
qualifying patients and caregivers. For the purposes of this
subsection, "adequate supply" means a monthly production level
that is comparable in type and quantity to those medical
cannabis products produced for patients and caregivers on an
average monthly basis for the 6 months before the effective
date of this Act.
(j) If there is a shortage of cannabis or cannabis-infused
products, a license holder shall prioritize patients
registered under the Compassionate Use of Medical Cannabis
Program Act over adult use purchasers.
(k) If an Early Approval Adult Use Cultivation Center

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licensee fails to submit an application for a an Adult Use
Cultivation Center License before the expiration of the Early
Approval Adult Use Cultivation Center License pursuant to
subsection (c-5) of this Section, the cultivation center shall
cease all adult use cultivation until it receives a an Adult
Use Cultivation Center License.
(l) A cultivation center agent who holds a valid
cultivation center agent identification card issued under the
Compassionate Use of Medical Cannabis Program Act and is an
officer, director, manager, or employee of the cultivation
center licensed under this Section may engage in all
activities authorized by this Article to be performed by a
cultivation center agent.
(m) If the Department of Agriculture suspends or revokes
the Early Approval Adult Use Cultivation Center License of a
cultivation center that also holds a medical cannabis
cultivation center license issued under the Compassionate Use
of Medical Cannabis Program Act, the Department of Agriculture
may suspend or revoke the medical cannabis cultivation center
license concurrently with the Early Approval Adult Use
Cultivation Center License.
(n) All fees or fines collected from an Early Approval
Adult Use Cultivation Center License holder as a result of a
disciplinary action in the enforcement of this Act shall be
deposited into the Cannabis Regulation Fund.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

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(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
board of a business or non-profit organization that pled
guilty, was convicted, was fined, or had a registration or

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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;
(10) whether an applicant can demonstrate experience
in or business practices that promote economic empowerment

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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
name and address of each person;
(18) a plan describing how the cultivation center will

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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
waste shall be disposed of in accordance with 8 Ill.
Adm. Code 1000.460, except, to the greatest extent

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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
the following, a cannabis cultivation facility commits
to meet or exceed the technology standard identified

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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.
The (i) 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) For cannabis grow operations with 6,000

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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
Department of Agriculture. Failure by an applicant to submit
all required information may result in the application being

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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 705/20-20)
Sec. 20-20. Conditional Cultivation Center Adult Use
License scoring applications.
(a) The Department of Agriculture shall by rule develop a
system to score cultivation center applications to
administratively rank applications based on the clarity,
organization, and quality of the applicant's responses to
required information. Applicants shall be awarded points based

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on the following categories:
(1) Suitability of the proposed facility;
(2) Suitability of employee training plan;
(3) Security and recordkeeping;
(4) Cultivation plan;
(5) Product safety and labeling plan;
(6) Business plan;
(7) The applicant's status as a Social Equity
Applicant, which shall constitute no less than 20% of
total available points;
(8) Labor and employment practices, which shall
constitute no less than 2% of total available points;
(9) Environmental plan as described in paragraphs
(18), (21), (22), and (23) of subsection (a) of Section
20-15;
(10) The applicant is 51% or more owned and controlled
by an individual or individuals who have been an Illinois
resident for the past 5 years as proved by tax records or 2
of the following:
(A) a signed lease agreement that includes the
applicant's name;
(B) a property deed that includes the applicant's
name;
(C) school records;
(D) a voter registration card;
(E) an Illinois driver's license, an Illinois

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Identification Card, or an Illinois Person with a
Disability Identification Card;
(F) a paycheck stub;
(G) a utility bill; or
(H) any other proof of residency or other
information necessary to establish residence as
provided by rule;
(11) The applicant is 51% or more controlled and owned
by an individual or individuals who meet the
qualifications of a veteran as defined by Section 45-57 of
the Illinois Procurement Code;
(12) 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; and
(13) Any other criteria the Department of Agriculture
may set by rule for points.
(b) The Department may also award bonus points for the
applicant's plan to engage with the community. Bonus points
will only be awarded if the Department receives applications
that receive an equal score for a particular region.
(c) Should the applicant be awarded a cultivation center
license, the information and plans that an applicant provided
in its application, including any plans submitted for the
acquiring of bonus points, becomes a mandatory condition of

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the permit. Any variation from or failure to perform such
plans may result in discipline, including the revocation or
nonrenewal of a license.
(d) Should the applicant be awarded a cultivation center
license, it shall pay a fee of $100,000 prior to receiving the
license, to be deposited into the Cannabis Regulation Fund.
The Department of Agriculture may by rule adjust the fee in
this Section after January 1, 2021.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/20-21)
Sec. 20-21. Adult Use Cultivation Center License.
(a) A person or entity is only eligible to receive a an
Adult Use Cultivation Center License if the person or entity
has first been awarded a Conditional Adult Use Cultivation
Center License pursuant to this Act or the person or entity has
renewed its Early Approval Cultivation Center License pursuant
to subsection (c) of Section 20-10.
(b) The Department of Agriculture shall not issue a an
Adult Use Cultivation Center License until:
(1) the Department of Agriculture has inspected the
cultivation center site and proposed operations and
verified that they are in compliance with this Act and
local zoning laws;
(2) the Conditional Adult Use Cultivation Center
License holder has paid a registration fee of $100,000 or

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a prorated amount accounting for the difference of time
between when the Adult Use Cultivation Center License is
issued and March 31 of the next even-numbered year; and
(3) The Conditional Adult Use Cultivation Center
License holder has met all the requirements in the Act and
rules.
(c) Notwithstanding any other provision of law, on and
after July 1, 2026, the Department shall cease to issue or
renew any medical cannabis cultivation permit issued under the
Compassionate Use of Medical Cannabis Act. Licensees that hold
dual Medical Cannabis Cultivation Permits and Adult Use
Cultivation Center Licenses may continue all operations with a
valid Cultivation Center License issued under this Act that is
in good standing.
(1) The Department shall create a process for licenses
to transition to sole operation as Cultivation Centers;
including refund or proration of medical cultivation
center permit fees.
(2) Any statements or plans submitted as part of an
initial application for a medical cannabis cultivation
permit as well as all subsequent modifications and
alterations shall remain a mandatory condition of the
cultivation center license.
(3) Cultivation Centers shall not relocate except
within the same Illinois State Police District boundary as
specified on the date of January 1, 2013 in which the

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initial Medical Cannabis Cultivation Permit was initially
issued.
(Source: P.A. 101-27, eff. 6-25-19.)
(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,
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

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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
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

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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
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 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,

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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.
(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

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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
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) A 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.
(q) Upon approval of the Department through an application
for alteration, cultivation centers shall retain 90 days of

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camera storage in any location. The Department may require
footage 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
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

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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
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

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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.
(g) The Department and the Department of Financial and
Professional Regulation may develop and implement an
integrated system to issue an agent identification card which
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

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Agriculture may set by rule after January 1, 2021, to be
deposited into the Cannabis Regulation Fund. On or after
July 1, 2026, the Cultivation Center license renewal fee
shall be $200,000 to be deposited into the Cannabis
Regulation Fund. For the 2027 renewal cycle, the
Department may set up a process to refund or prorate
renewal fees.
(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
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

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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.)
(410 ILCS 705/25-35)
(Section scheduled to be repealed on July 1, 2026)
Sec. 25-35. Community College Cannabis Vocational Training
Pilot Program faculty participant agent identification card.
(a) The Department shall:
(1) establish by rule the information required in an
initial application or renewal application for an agent
identification card submitted under this Article and the
nonrefundable fee to accompany the initial application or
renewal application;
(2) verify the information contained in an initial
application or renewal application for an agent
identification card submitted under this Article, and

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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;
(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

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(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.
The Department of Agriculture and the Department of
Financial and Professional Regulation may develop and
implement an integrated system to issue an agent
identification card which identifies a community college
program agent licensed by the Department as well as any

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cultivation center, craft grower, transporter, dispensing
organization, or infuser 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 705/30-10)
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

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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 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

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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,
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;

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(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
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);

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(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:
(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 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;

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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
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.

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(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.
(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.

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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.
(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

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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,
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

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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
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

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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.
(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

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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
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

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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 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) Upon approval of the Department through an application
for alteration, craft growers shall retain 90 days of camera
storage in any location. The Department may require footage be
maintained for purposes of an investigation.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;

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102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22.)
(410 ILCS 705/30-35)
Sec. 30-35. Craft grower agent identification card.
(a) The Department of Agriculture shall:
(1) establish by rule the information required in an
initial application or renewal application for an agent
identification card submitted under this Act and the
nonrefundable fee to accompany the initial application or
renewal application;
(2) verify the information contained in an initial
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

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require prospective agents to file their applications by
electronic means and provide notices to the agents by
electronic means.
(b) An agent must keep his or her identification card
visible at all times when on the property of a cannabis
business establishment, including the craft grower
organization for which he or she is an agent.
(c) The agent identification cards shall contain the
following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of the
identification card;
(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

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identification card if the applicant is delinquent in filing
any required tax returns or paying any amounts owed to the
State of Illinois.
(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. Effective July 1, 2026 all
craft grower licenses are valid for 2 years upon the next
renewal period. 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
another amount as the Department of Agriculture may set by

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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
renewal is subject to the penalties provided under Section

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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
(g) The Department and the Department of Financial and
Professional Regulation may develop and implement an
integrated system to issue an agent identification card which
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.)
(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
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

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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
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

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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
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,

10400SB4015sam001 - 320 - LRB104 19921 WRO 34743 a
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
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

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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
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

10400SB4015sam001 - 322 - LRB104 19921 WRO 34743 a
Act, or to any stockholders in any corporation engaged 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 Section 35-31(f).
(o) Upon approval of the Department through an application
for alteration, infusing organizations shall retain 90 days of
camera storage in any location. The Department may require
footage 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 705/35-30)
Sec. 35-30. Infuser agent identification card.
(a) The Department of Agriculture shall:

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(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
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

10400SB4015sam001 - 324 - LRB104 19921 WRO 34743 a
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 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
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.

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(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, 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. Effective July 1, 2026 all
infuser organization licenses are valid for two years upon the
next renewal period. An infuser organization 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 infuser organization submits a renewal

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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
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

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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 705/40-25)
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
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, 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,

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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
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

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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
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

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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 cannabis business establishment may not schedule any
delivery from a transporting organization within 1 hour of the
cannabis business establishment's close of business on any
business day.
(q) 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
1 business hours.
(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 705/40-31 new)
Sec. 40-31. Transporter transfer site.

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(a) Transporting organizations may, but are not required
to, operate a transfer site.
(b) Plans for a transfer site must be submitted and
approved by the Department through an application for
modification of the license.
(c) A transfer site shall be an enclosed facility such as a
garage or loading bay with physical walls and ceiling and
large enough to fit 2 vehicles.
(d) All transfers of cannabis product at a transporter
physical location shall be documented in the cannabis plant
monitoring system.
(e) A transfer site shall be a separate facility from
other cannabis business establishments. A transfer site may be
adjacent to another cannabis business establishment.
(f) Transporter physical locations shall be equipped with
cameras and be required to operate and maintain in good
working order a 24-hour 7-days a week closed circuit
television surveillance system. The electronic security system
shall be available 24 hours per day 7 days per week to the
Department and the Illinois State Police via a secure
web-based portal with forward and backward playback abilities.
(g) The Department may by rule establish standards and
requirements for the storage of cannabis product. Transporters
are not permitted to store cannabis products at a transfer
site until authorized by rule.
(h) The Department and the Department of Financial and

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Professional Regulation may develop and implement an
integrated system to issue an agent identification card that
identifies a transporter agent licensed by the Department as
well as any cultivation center, craft grower, dispensary,
infuser, or community college program, or registration the
agent may simultaneously hold.
(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
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

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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.
(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
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.)

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(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;
(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

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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
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

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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.
(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

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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, 16 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. The standards adopted
by the Department of Agriculture under this subsection (g)
shall consistent with national cannabis industry standards.
(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

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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
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.

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(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
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.)

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(410 ILCS 705/55-10)
Sec. 55-10. Maintenance of inventory. Through June 30,
2026, all All dispensing organizations authorized to serve
both registered qualifying patients, and caregivers, and
purchasers, and Opioid Alternative Patient Program
participants are required to report which cannabis and
cannabis-infused products are purchased for sale under the
Compassionate Use of Medical Cannabis Program Act, and which
cannabis and cannabis-infused products are purchased under
this Act. Nothing in this Section prohibits a registered
qualifying patient under the Compassionate Use of Medical
Cannabis Program Act from purchasing cannabis as a purchaser
under this Act.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(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

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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
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 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 Revenue, the Department of Commerce and Economic
Opportunity, the Department of Revenue, the Illinois State
Police, the Office of Executive Inspector General, or the

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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
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.
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.

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(d) All information collected by the Department of
Financial and Professional Regulation or the Department of
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

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national criminal history record information, or the
nonexistence or lack of such information, to any person or
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.
(g) Notwithstanding anything in this Section to the
contrary, the Department of Financial and Professional
Regulation and the Department of Agriculture may share with
the Department of Commerce and Economic Opportunity any
licensee information necessary to support the administration
of social equity programming.
(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

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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
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

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(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
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

10400SB4015sam001 - 347 - LRB104 19921 WRO 34743 a
for any purpose other than as provided in its agreement to
provide services to the financial institution; and .
(5) the Office of 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)
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

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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.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/60-5)
Sec. 60-5. Definitions. In this Article:
"Cannabis" has the meaning given to that term in Article 1
of this Act, except that, through June 30, 2026, it does not
include cannabis that is subject to tax under the
Compassionate Use of Medical Cannabis Program Act.
"Craft grower" has the meaning given to that term in
Article 1 of this Act.
"Cultivation center" has the meaning given to that term in
Article 1 of this Act. On and after July 1, 2026, "cultivation
center" includes any cultivation center which, prior to July
1, 2026, was a cultivation center as defined in the
Compassionate Use of Medical Cannabis Program Act.
"Cultivator" or "taxpayer" means a cultivation center or
craft grower who is subject to tax under this Article. On and
after July 1, 2026, "cultivator" includes any cultivator

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which, prior to July 1, 2026, was a cultivator as defined under
the Compassionate Use of Medical Cannabis Program 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.
"Gross receipts" from the sales of cannabis by a
cultivator means the total selling price or the amount of such
sales, as defined in this Article. In the case of charges and
time sales, the amount thereof shall be included only when
payments are received by the cultivator.
"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" means "infuser organization" or "infuser" as
defined in Article 1 of this 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, and
services, and shall be 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,
but does not include separately stated charges identified on
the invoice by cultivators to reimburse themselves for their

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tax liability under this Article.
(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

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this Article is solely the responsibility of the cultivator
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 through June 30, 2026, it does not
include cannabis that is subject to tax under the
Compassionate Use of Medical Cannabis Program Act.
"Cannabis-infused product" means beverage food, oils,
ointments, tincture, topical formulation, or another product
containing cannabis that is not intended to be smoked.

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"Cannabis retailer" means a dispensing organization that
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

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financial institution;
(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:

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(1) Any cannabis, other than a cannabis-infused
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) Through June 30, 2026, the 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 July 1, 2026, the tax imposed under this
Article 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

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cannabis-infused products under this Act as part of their
adequate medical supply as these terms are defined under
Section 1-10 of this Act.
(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
the cannabis retailer is engaged in the business of

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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
period, which is allowed to reimburse the cannabis retailer

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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
cannabis retailer's return for that month. If any such

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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
on the difference. If a cannabis retailer fails to sign a

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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
or causes to be signed a fraudulent return filed on behalf of

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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
required under this Article. A person who is unable to rebut

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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
felony.

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(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
but less than $100,000, a person is guilty of a Class 2

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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
processing retail sales transaction data in any manner.

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"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
commenced within 3 years after the commission of the act

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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
publication of the time and place of the hearing to be made at

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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 (i) through (iv) above 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 705/15-55 rep.)
(410 ILCS 705/20-50 rep.)
(410 ILCS 705/30-50 rep.)
Section 55. The Cannabis Regulation and Tax Act is amended

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by repealing Sections 15-55, 20-50, and 30-50.
Section 60. 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 95. No acceleration or delay. Where this Act makes

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