Bill Text: IL HB3075 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Compassionate Use of Medical Cannabis Program Act and the Cannabis Regulation and Tax Act. Provides that agent applicants may begin employment at a cultivation center, a dispensing organization, a Community College Cannabis Vocational Training Pilot Program, an infuser organization, or a transporting organization while the agent applicant's identification card application is pending. Provides that, upon approval, the approving State entity shall issue the agent's identification card to the agent. Provides that, if denied, the cultivation center, dispensing organization, Community College Cannabis Vocational Training Pilot Program, infuser organization, or transporting organization and the agent applicant shall be notified and the agent applicant must cease all activity at the cultivation center, dispensing organization, Community College Cannabis Vocational Training Pilot Program, infuser organization, or transporting organization immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3075 Detail]

Download: Illinois-2021-HB3075-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3075

Introduced , by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:
410 ILCS 130/100
410 ILCS 705/15-40
410 ILCS 705/25-35
410 ILCS 705/35-30
410 ILCS 705/40-30

Amends the Compassionate Use of Medical Cannabis Program Act and the Cannabis Regulation and Tax Act. Provides that agent applicants may begin employment at a cultivation center, a dispensing organization, a Community College Cannabis Vocational Training Pilot Program, an infuser organization, or a transporting organization while the agent applicant's identification card application is pending. Provides that, upon approval, the approving State entity shall issue the agent's identification card to the agent. Provides that, if denied, the cultivation center, dispensing organization, Community College Cannabis Vocational Training Pilot Program, infuser organization, or transporting organization and the agent applicant shall be notified and the agent applicant must cease all activity at the cultivation center, dispensing organization, Community College Cannabis Vocational Training Pilot Program, infuser organization, or transporting organization immediately.
LRB102 15084 CPF 20439 b

A BILL FOR

HB3075LRB102 15084 CPF 20439 b
1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. References to Act. This Act may be referred to
5as the Cannabis Jobs Act of 2021.
6 Section 5. The Compassionate Use of Medical Cannabis
7Program Act is amended by changing Section 100 as follows:
8 (410 ILCS 130/100)
9 Sec. 100. Cultivation center agent identification card.
10 (a) The Department of Agriculture shall:
11 (1) verify the information contained in an application
12 or renewal for a cultivation center identification card
13 submitted under this Act, and approve or deny an
14 application or renewal, within 30 days of receiving a
15 completed application or renewal application and all
16 supporting documentation required by rule;
17 (2) issue a cultivation center agent identification
18 card to a qualifying agent within 15 business days of
19 approving the application or renewal;
20 (3) enter the registry identification number of the
21 cultivation center where the agent works; and
22 (4) allow for an electronic application process, and

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1 provide a confirmation by electronic or other methods that
2 an application has been submitted.
3 (b) A cultivation center agent must keep his or her
4identification card visible at all times when on the property
5of a cultivation center and during the transportation of
6medical cannabis to a registered dispensary organization.
7 (c) The cultivation center agent identification cards
8shall contain the following:
9 (1) the name of the cardholder;
10 (2) the date of issuance and expiration date of
11 cultivation center agent identification cards;
12 (3) a random 10 digit alphanumeric identification
13 number containing at least 4 numbers and at least 4
14 letters; that is unique to the holder; and
15 (4) a photograph of the cardholder.
16 (d) The cultivation center agent identification cards
17shall be immediately returned to the cultivation center upon
18termination of employment.
19 (e) Any card lost by a cultivation center agent shall be
20reported to the State Police and the Department of Agriculture
21immediately upon discovery of the loss.
22 (f) An applicant shall be denied a cultivation center
23agent identification card if he or she has been convicted of an
24excluded offense.
25 (g) An agent applicant may begin employment at a
26cultivation center while the agent applicant's identification

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1card application is pending. Upon approval, the Department
2shall issue the agent's identification card to the agent. If
3denied, the cultivation center and the agent applicant shall
4be notified and the agent applicant must cease all activity at
5the cultivation center immediately.
6(Source: P.A. 98-122, eff. 1-1-14.)
7 Section 10. The Cannabis Regulation and Tax Act is amended
8by changing Sections 15-40, 25-35, 35-30, and 40-30 as
9follows:
10 (410 ILCS 705/15-40)
11 Sec. 15-40. Dispensing organization agent identification
12card; agent training.
13 (a) The Department shall:
14 (1) verify the information contained in an application
15 or renewal for a dispensing organization agent
16 identification card submitted under this Article, and
17 approve or deny an application or renewal, within 30 days
18 of receiving a completed application or renewal
19 application and all supporting documentation required by
20 rule;
21 (2) issue a dispensing organization agent
22 identification card to a qualifying agent within 15
23 business days of approving the application or renewal;
24 (3) enter the registry identification number of the

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1 dispensing organization where the agent works;
2 (4) within one year from the effective date of this
3 Act, allow for an electronic application process and
4 provide a confirmation by electronic or other methods that
5 an application has been submitted; and
6 (5) collect a $100 nonrefundable fee from the
7 applicant to be deposited into the Cannabis Regulation
8 Fund.
9 (b) A dispensing organization agent must keep his or her
10identification card visible at all times when in the
11dispensary.
12 (c) The dispensing organization agent identification cards
13shall contain the following:
14 (1) the name of the cardholder;
15 (2) the date of issuance and expiration date of the
16 dispensing organization agent identification cards;
17 (3) a random 10-digit alphanumeric identification
18 number containing at least 4 numbers and at least 4
19 letters that is unique to the cardholder; and
20 (4) a photograph of the cardholder.
21 (d) The dispensing organization agent identification cards
22shall be immediately returned to the dispensing organization
23upon termination of employment.
24 (e) The Department shall not issue an agent identification
25card if the applicant is delinquent in filing any required tax
26returns or paying any amounts owed to the State of Illinois.

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1 (f) Any card lost by a dispensing organization agent shall
2be reported to the Department of State Police and the
3Department immediately upon discovery of the loss.
4 (g) An applicant shall be denied a dispensing organization
5agent identification card renewal if he or she fails to
6complete the training provided for in this Section.
7 (h) A dispensing organization agent shall only be required
8to hold one card for the same employer regardless of what type
9of dispensing organization license the employer holds.
10 (i) Cannabis retail sales training requirements.
11 (1) Within 90 days of September 1, 2019, or 90 days of
12 employment, whichever is later, all owners, managers,
13 employees, and agents involved in the handling or sale of
14 cannabis or cannabis-infused product employed by an adult
15 use dispensing organization or medical cannabis dispensing
16 organization as defined in Section 10 of the Compassionate
17 Use of Medical Cannabis Program Act shall attend and
18 successfully complete a Responsible Vendor Program.
19 (2) Each owner, manager, employee, and agent of an
20 adult use dispensing organization or medical cannabis
21 dispensing organization shall successfully complete the
22 program annually.
23 (3) Responsible Vendor Program Training modules shall
24 include at least 2 hours of instruction time approved by
25 the Department including:
26 (i) Health and safety concerns of cannabis use,

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1 including the responsible use of cannabis, its
2 physical effects, onset of physiological effects,
3 recognizing signs of impairment, and appropriate
4 responses in the event of overconsumption.
5 (ii) Training on laws and regulations on driving
6 while under the influence and operating a watercraft
7 or snowmobile while under the influence.
8 (iii) Sales to minors prohibition. Training shall
9 cover all relevant Illinois laws and rules.
10 (iv) Quantity limitations on sales to purchasers.
11 Training shall cover all relevant Illinois laws and
12 rules.
13 (v) Acceptable forms of identification. Training
14 shall include:
15 (I) How to check identification; and
16 (II) Common mistakes made in verification;
17 (vi) Safe storage of cannabis;
18 (vii) Compliance with all inventory tracking
19 system regulations;
20 (viii) Waste handling, management, and disposal;
21 (ix) Health and safety standards;
22 (x) Maintenance of records;
23 (xi) Security and surveillance requirements;
24 (xii) Permitting inspections by State and local
25 licensing and enforcement authorities;
26 (xiii) Privacy issues;

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1 (xiv) Packaging and labeling requirement for sales
2 to purchasers; and
3 (xv) Other areas as determined by rule.
4 (j) Blank.
5 (k) Upon the successful completion of the Responsible
6Vendor Program, the provider shall deliver proof of completion
7either through mail or electronic communication to the
8dispensing organization, which shall retain a copy of the
9certificate.
10 (l) The license of a dispensing organization or medical
11cannabis dispensing organization whose owners, managers,
12employees, or agents fail to comply with this Section may be
13suspended or permanently revoked under Section 15-145 or may
14face other disciplinary action.
15 (m) The regulation of dispensing organization and medical
16cannabis dispensing employer and employee training is an
17exclusive function of the State, and regulation by a unit of
18local government, including a home rule unit, is prohibited.
19This subsection (m) is a denial and limitation of home rule
20powers and functions under subsection (h) of Section 6 of
21Article VII of the Illinois Constitution.
22 (n) Persons seeking Department approval to offer the
23training required by paragraph (3) of subsection (i) may apply
24for such approval between August 1 and August 15 of each
25odd-numbered year in a manner prescribed by the Department.
26 (o) Persons seeking Department approval to offer the

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1training required by paragraph (3) of subsection (i) shall
2submit a nonrefundable application fee of $2,000 to be
3deposited into the Cannabis Regulation Fund or a fee as may be
4set by rule. Any changes made to the training module shall be
5approved by the Department.
6 (p) The Department shall not unreasonably deny approval of
7a training module that meets all the requirements of paragraph
8(3) of subsection (i). A denial of approval shall include a
9detailed description of the reasons for the denial.
10 (q) Any person approved to provide the training required
11by paragraph (3) of subsection (i) shall submit an application
12for re-approval between August 1 and August 15 of each
13odd-numbered year and include a nonrefundable application fee
14of $2,000 to be deposited into the Cannabis Regulation Fund or
15a fee as may be set by rule.
16 (r) All persons applying to become or renewing their
17registrations to be agents, including agents-in-charge and
18principal officers, shall disclose any disciplinary action
19taken against them that may have occurred in Illinois, another
20state, or another country in relation to their employment at a
21cannabis business establishment or at any cannabis cultivation
22center, processor, infuser, dispensary, or other cannabis
23business establishment.
24 (s) An agent applicant may begin employment at a
25dispensing organization while the agent applicant's
26identification card application is pending. Upon approval, the

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1Department shall issue the agent's identification card to the
2agent. If denied, the dispensing organization and the agent
3applicant shall be notified and the agent applicant must cease
4all activity at the dispensing organization immediately.
5(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
6 (410 ILCS 705/25-35)
7 (Section scheduled to be repealed on July 1, 2026)
8 Sec. 25-35. Community College Cannabis Vocational Training
9Pilot Program faculty participant agent identification card.
10 (a) The Department shall:
11 (1) establish by rule the information required in an
12 initial application or renewal application for an agent
13 identification card submitted under this Article and the
14 nonrefundable fee to accompany the initial application or
15 renewal application;
16 (2) verify the information contained in an initial
17 application or renewal application for an agent
18 identification card submitted under this Article, and
19 approve or deny an application within 30 days of receiving
20 a completed initial application or renewal application and
21 all supporting documentation required by rule;
22 (3) issue an agent identification card to a qualifying
23 agent within 15 business days of approving the initial
24 application or renewal application;
25 (4) enter the license number of the community college

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1 where the agent works; and
2 (5) allow for an electronic initial application and
3 renewal application process, and provide a confirmation by
4 electronic or other methods that an application has been
5 submitted. Each Department may by rule require prospective
6 agents to file their applications by electronic means and
7 to provide notices to the agents by electronic means.
8 (b) An agent must keep his or her identification card
9visible at all times when in the enclosed, locked facility, or
10facilities for which he or she is an agent.
11 (c) The agent identification cards shall contain the
12following:
13 (1) the name of the cardholder;
14 (2) the date of issuance and expiration date of the
15 identification card;
16 (3) a random 10-digit alphanumeric identification
17 number containing at least 4 numbers and at least 4
18 letters that is unique to the holder;
19 (4) a photograph of the cardholder; and
20 (5) the legal name of the community college employing
21 the agent.
22 (d) An agent identification card shall be immediately
23returned to the community college of the agent upon
24termination of his or her employment.
25 (e) Any agent identification card lost shall be reported
26to the Department of State Police and the Department of

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1Agriculture immediately upon discovery of the loss.
2 (f) An agent applicant may begin employment at a Community
3College Cannabis Vocational Training Pilot Program while the
4agent applicant's identification card application is pending.
5Upon approval, the Department shall issue the agent's
6identification card to the agent. If denied, the Community
7College Cannabis Vocational Training Pilot Program and the
8agent applicant shall be notified and the agent applicant must
9cease all activity at the Community College Cannabis
10Vocational Training Pilot Program immediately.
11(Source: P.A. 101-27, eff. 6-25-19.)
12 (410 ILCS 705/35-30)
13 Sec. 35-30. Infuser agent identification card.
14 (a) The Department of Agriculture shall:
15 (1) establish by rule the information required in an
16 initial application or renewal application for an agent
17 identification card submitted under this Act and the
18 nonrefundable fee to accompany the initial application or
19 renewal application;
20 (2) verify the information contained in an initial
21 application or renewal application for an agent
22 identification card submitted under this Act, and approve
23 or deny an application within 30 days of receiving a
24 completed initial application or renewal application and
25 all supporting documentation required by rule;

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

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1 employing the agent.
2 (d) An agent identification card shall be immediately
3returned to the infuser organization of the agent upon
4termination of his or her employment.
5 (e) Any agent identification card lost by a transporting
6agent shall be reported to the Department of State Police and
7the Department of Agriculture immediately upon discovery of
8the loss.
9 (f) An agent applicant may begin employment at an infuser
10organization while the agent applicant's identification card
11application is pending. Upon approval, the Department shall
12issue the agent's identification card to the agent. If denied,
13the infuser organization and the agent applicant shall be
14notified and the agent applicant must cease all activity at
15the infuser organization immediately.
16(Source: P.A. 101-27, eff. 6-25-19.)
17 (410 ILCS 705/40-30)
18 Sec. 40-30. Transporting agent identification card.
19 (a) The Department of Agriculture shall:
20 (1) establish by rule the information required in an
21 initial application or renewal application for an agent
22 identification card submitted under this Act and the
23 nonrefundable fee to accompany the initial application or
24 renewal application;
25 (2) verify the information contained in an initial

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1 application or renewal application for an agent
2 identification card submitted under this Act and approve
3 or deny an application within 30 days of receiving a
4 completed initial application or renewal application and
5 all supporting documentation required by rule;
6 (3) issue an agent identification card to a qualifying
7 agent within 15 business days of approving the initial
8 application or renewal application;
9 (4) enter the license number of the transporting
10 organization where the agent works; and
11 (5) allow for an electronic initial application and
12 renewal application process, and provide a confirmation by
13 electronic or other methods that an application has been
14 submitted. The Department of Agriculture may by rule
15 require prospective agents to file their applications by
16 electronic means and provide notices to the agents by
17 electronic means.
18 (b) An agent must keep his or her identification card
19visible at all times when on the property of a cannabis
20business establishment, including the cannabis business
21establishment for which he or she is an agent.
22 (c) The agent identification cards shall contain the
23following:
24 (1) the name of the cardholder;
25 (2) the date of issuance and expiration date of the
26 identification card;

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1 (3) a random 10-digit alphanumeric identification
2 number containing at least 4 numbers and at least 4
3 letters that is unique to the holder;
4 (4) a photograph of the cardholder; and
5 (5) the legal name of the transporting organization
6 employing the agent.
7 (d) An agent identification card shall be immediately
8returned to the transporting organization of the agent upon
9termination of his or her employment.
10 (e) Any agent identification card lost by a transporting
11agent shall be reported to the Department of State Police and
12the Department of Agriculture immediately upon discovery of
13the loss.
14 (f) An application for an agent identification card shall
15be denied if the applicant is delinquent in filing any
16required tax returns or paying any amounts owed to the State of
17Illinois.
18 (g) An agent applicant may begin employment at a
19transporting organization while the agent applicant's
20identification card application is pending. Upon approval, the
21Department shall issue the agent's identification card to the
22agent. If denied, the transporting organization and the agent
23applicant shall be notified and the agent applicant must cease
24all activity at the transporting organization immediately.
25(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
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