104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3682
 
Introduced , by Rep. Bob Morgan
 
SYNOPSIS AS INTRODUCED:

See Index
    Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that, beginning on July 1, 2025, "prescription and nonprescription medicines and drugs" includes cannabis purchased by a qualified registered patient, provisional patient, or designated caregiver from a dispensing organization registered under the Compassionate Use of Medical Cannabis Program Act or the Cannabis Regulation and Tax Act. Amends the Compassionate Use of Medical Cannabis Program Act. Adds, changes, and provides for the repeal of certain definitions. Makes conforming changes to terms in the Act. Sunsets certain provisions on June 30, 2025. Adds references to the Cannabis Regulation and Tax Act, supplanting certain provisions in the Act on July 1, 2025. Provides for repeal of certain provisions on January 1, 2026, subjecting certain activities to the Cannabis Regulation and Tax Act. Repeals certain provisions. Amends the Cannabis Regulation and Tax Act. Adds and changes definitions. Makes conforming changes to terms in the Act. Removes certain references and provides for repeal of certain provisions related to the Compassionate Use of Medical Cannabis Program Act. Makes provisions regarding mergers of certain licenses and medical patient prioritization. Provides for Adult Use Dispensing Organization licensee relocation. Provides for rescission of a conditional license, with certain requirements. Makes changes to provisions regarding Adult Use Dispensing Organization Licenses. Adds to requirements for Responsible Vendor Program Training modules. Adds new prohibitions and exceptions to provisions regarding changes to a dispensing organization. Requires prioritizing qualifying patients, provisional patients, and dedicated caregivers, with certain requirements. Adds certain State agencies and local health officials to provisions regarding investigations. Makes changes to provisions regarding Cultivation Center Licenses. Makes other changes.


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A BILL FOR
 
HB3682LRB104 09747 BDA 19813 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 5. The Use Tax Act is amended by changing Section 
53-10 as follows:

6    (35 ILCS 105/3-10)    from Ch. 120, par. 439.33-10
7    Sec. 3-10. Rate of tax. Unless otherwise provided in this 
8Section, the tax imposed by this Act is at the rate of 6.25% of 
9either the selling price or the fair market value, if any, of 
10the tangible personal property, which, on and after January 1, 
112025, includes leases of tangible personal property. In all 
12cases where property functionally used or consumed is the same 
13as the property that was purchased at retail, then the tax is 
14imposed on the selling price of the property. In all cases 
15where property functionally used or consumed is a by-product 
16or waste product that has been refined, manufactured, or 
17produced from property purchased at retail, then the tax is 
18imposed on the lower of the fair market value, if any, of the 
19specific property so used in this State or on the selling price 
20of the property purchased at retail. For purposes of this 
21Section "fair market value" means the price at which property 
22would change hands between a willing buyer and a willing 
23seller, neither being under any compulsion to buy or sell and 
 
 
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1both having reasonable knowledge of the relevant facts. The 
2fair market value shall be established by Illinois sales by 
3the taxpayer of the same property as that functionally used or 
4consumed, or if there are no such sales by the taxpayer, then 
5comparable sales or purchases of property of like kind and 
6character in Illinois.
7    Beginning on July 1, 2000 and through December 31, 2000, 
8with respect to motor fuel, as defined in Section 1.1 of the 
9Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of 
10the Use Tax Act, the tax is imposed at the rate of 1.25%.
11    Beginning on August 6, 2010 through August 15, 2010, and 
12beginning again on August 5, 2022 through August 14, 2022, 
13with respect to sales tax holiday items as defined in Section 
143-6 of this Act, the tax is imposed at the rate of 1.25%. 
15    With respect to gasohol, the tax imposed by this Act 
16applies to (i) 70% of the proceeds of sales made on or after 
17January 1, 1990, and before July 1, 2003, (ii) 80% of the 
18proceeds of sales made on or after July 1, 2003 and on or 
19before July 1, 2017, (iii) 100% of the proceeds of sales made 
20after July 1, 2017 and prior to January 1, 2024, (iv) 90% of 
21the proceeds of sales made on or after January 1, 2024 and on 
22or before December 31, 2028, and (v) 100% of the proceeds of 
23sales made after December 31, 2028. If, at any time, however, 
24the tax under this Act on sales of gasohol is imposed at the 
25rate of 1.25%, then the tax imposed by this Act applies to 100% 
26of the proceeds of sales of gasohol made during that time.
 
 
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1    With respect to mid-range ethanol blends, the tax imposed 
2by this Act applies to (i) 80% of the proceeds of sales made on 
3or after January 1, 2024 and on or before December 31, 2028 and 
4(ii) 100% of the proceeds of sales made thereafter. If, at any 
5time, however, the tax under this Act on sales of mid-range 
6ethanol blends is imposed at the rate of 1.25%, then the tax 
7imposed by this Act applies to 100% of the proceeds of sales of 
8mid-range ethanol blends made during that time. 
9    With respect to majority blended ethanol fuel, the tax 
10imposed by this Act does not apply to the proceeds of sales 
11made on or after July 1, 2003 and on or before December 31, 
122028 but applies to 100% of the proceeds of sales made 
13thereafter.
14    With respect to biodiesel blends with no less than 1% and 
15no more than 10% biodiesel, the tax imposed by this Act applies 
16to (i) 80% of the proceeds of sales made on or after July 1, 
172003 and on or before December 31, 2018 and (ii) 100% of the 
18proceeds of sales made after December 31, 2018 and before 
19January 1, 2024. On and after January 1, 2024 and on or before 
20December 31, 2030, the taxation of biodiesel, renewable 
21diesel, and biodiesel blends shall be as provided in Section 
223-5.1. If, at any time, however, the tax under this Act on 
23sales of biodiesel blends with no less than 1% and no more than 
2410% biodiesel is imposed at the rate of 1.25%, then the tax 
25imposed by this Act applies to 100% of the proceeds of sales of 
26biodiesel blends with no less than 1% and no more than 10% 
 
 
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1biodiesel made during that time.
2    With respect to biodiesel and biodiesel blends with more 
3than 10% but no more than 99% biodiesel, the tax imposed by 
4this Act does not apply to the proceeds of sales made on or 
5after July 1, 2003 and on or before December 31, 2023. On and 
6after January 1, 2024 and on or before December 31, 2030, the 
7taxation of biodiesel, renewable diesel, and biodiesel blends 
8shall be as provided in Section 3-5.1.
9    Until July 1, 2022 and from July 1, 2023 through December 
1031, 2025, with respect to food for human consumption that is to 
11be consumed off the premises where it is sold (other than 
12alcoholic beverages, food consisting of or infused with adult 
13use cannabis, soft drinks, and food that has been prepared for 
14immediate consumption), the tax is imposed at the rate of 1%. 
15Beginning on July 1, 2022 and until July 1, 2023, with respect 
16to food for human consumption that is to be consumed off the 
17premises where it is sold (other than alcoholic beverages, 
18food consisting of or infused with adult use cannabis, soft 
19drinks, and food that has been prepared for immediate 
20consumption), the tax is imposed at the rate of 0%. On and 
21after January 1, 2026, food for human consumption that is to be 
22consumed off the premises where it is sold (other than 
23alcoholic beverages, food consisting of or infused with adult 
24use cannabis, soft drinks, candy, and food that has been 
25prepared for immediate consumption) is exempt from the tax 
26imposed by this Act. 
 
 
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1    With respect to prescription and nonprescription 
2medicines, drugs, medical appliances, products classified as 
3Class III medical devices by the United States Food and Drug 
4Administration that are used for cancer treatment pursuant to 
5a prescription, as well as any accessories and components 
6related to those devices, modifications to a motor vehicle for 
7the purpose of rendering it usable by a person with a 
8disability, and insulin, blood sugar testing materials, 
9syringes, and needles used by human diabetics, the tax is 
10imposed at the rate of 1%. For the purposes of this Section, 
11until September 1, 2009: the term "soft drinks" means any 
12complete, finished, ready-to-use, non-alcoholic drink, whether 
13carbonated or not, including, but not limited to, soda water, 
14cola, fruit juice, vegetable juice, carbonated water, and all 
15other preparations commonly known as soft drinks of whatever 
16kind or description that are contained in any closed or sealed 
17bottle, can, carton, or container, regardless of size; but 
18"soft drinks" does not include coffee, tea, non-carbonated 
19water, infant formula, milk or milk products as defined in the 
20Grade A Pasteurized Milk and Milk Products Act, or drinks 
21containing 50% or more natural fruit or vegetable juice.
22    Notwithstanding any other provisions of this Act, 
23beginning September 1, 2009, "soft drinks" means non-alcoholic 
24beverages that contain natural or artificial sweeteners. "Soft 
25drinks" does not include beverages that contain milk or milk 
26products, soy, rice or similar milk substitutes, or greater 
 
 
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1than 50% of vegetable or fruit juice by volume.
2    Until August 1, 2009, and notwithstanding any other 
3provisions of this Act, "food for human consumption that is to 
4be consumed off the premises where it is sold" includes all 
5food sold through a vending machine, except soft drinks and 
6food products that are dispensed hot from a vending machine, 
7regardless of the location of the vending machine. Beginning 
8August 1, 2009, and notwithstanding any other provisions of 
9this Act, "food for human consumption that is to be consumed 
10off the premises where it is sold" includes all food sold 
11through a vending machine, except soft drinks, candy, and food 
12products that are dispensed hot from a vending machine, 
13regardless of the location of the vending machine. 
14    Notwithstanding any other provisions of this Act, 
15beginning September 1, 2009, "food for human consumption that 
16is to be consumed off the premises where it is sold" does not 
17include candy. For purposes of this Section, "candy" means a 
18preparation of sugar, honey, or other natural or artificial 
19sweeteners in combination with chocolate, fruits, nuts or 
20other ingredients or flavorings in the form of bars, drops, or 
21pieces. "Candy" does not include any preparation that contains 
22flour or requires refrigeration. 
23    Notwithstanding any other provisions of this Act, 
24beginning September 1, 2009, "nonprescription medicines and 
25drugs" does not include grooming and hygiene products. For 
26purposes of this Section, "grooming and hygiene products" 
 
 
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1includes, but is not limited to, soaps and cleaning solutions, 
2shampoo, toothpaste, mouthwash, antiperspirants, and sun tan 
3lotions and screens, unless those products are available by 
4prescription only, regardless of whether the products meet the 
5definition of "over-the-counter-drugs". For the purposes of 
6this paragraph, "over-the-counter-drug" means a drug for human 
7use that contains a label that identifies the product as a drug 
8as required by 21 CFR 201.66. The "over-the-counter-drug" 
9label includes: 
10        (A) a "Drug Facts" panel; or
11        (B) a statement of the "active ingredient(s)" with a 
12 list of those ingredients contained in the compound, 
13 substance or preparation.
14    Beginning on January 1, 2014 (the effective date of Public 
15Act 98-122), and through June 30, 2025, "prescription and 
16nonprescription medicines and drugs" includes medical cannabis 
17purchased from a registered dispensing organization under the 
18Compassionate Use of Medical Cannabis Program Act. 
19    Beginning on July 1, 2025, "prescription and 
20nonprescription medicines and drugs" includes cannabis 
21purchased by a qualified registered patient, provisional 
22patient, or designated caregiver from a dispensing 
23organization registered under the Compassionate Use of Medical 
24Cannabis Program Act or the Cannabis Regulation and Tax Act.    
25    As used in this Section through June 30, 2025,, "adult use 
26cannabis" means cannabis subject to tax under the Cannabis 
 
 
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1Cultivation Privilege Tax Law and the Cannabis Purchaser 
2Excise Tax Law and does not include cannabis subject to tax 
3under the Compassionate Use of Medical Cannabis Program Act. 
4    Beginning July 1, 2025, as used in this Section, "adult 
5use cannabis" means cannabis subject to tax under the Cannabis 
6Cultivation Privilege Tax Law and the Cannabis Purchaser 
7Excise Tax Law and does not include cannabis purchased by a 
8qualified registered patient, provisional patient, or 
9designated caregiver.    
10    If the property that is purchased at retail from a 
11retailer is acquired outside Illinois and used outside 
12Illinois before being brought to Illinois for use here and is 
13taxable under this Act, the "selling price" on which the tax is 
14computed shall be reduced by an amount that represents a 
15reasonable allowance for depreciation for the period of prior 
16out-of-state use. No depreciation is allowed in cases where 
17the tax under this Act is imposed on lease receipts.
18(Source: P.A. 102-4, eff. 4-27-21; 102-700, Article 20, 
19Section 20-5, eff. 4-19-22; 102-700, Article 60, Section 
2060-15, eff. 4-19-22; 102-700, Article 65, Section 65-5, eff. 
214-19-22; 103-9, eff. 6-7-23; 103-154, eff. 6-30-23; 103-592, 
22eff. 1-1-25; 103-781, eff. 8-5-24; revised 11-26-24.)

23    Section 10. The Service Use Tax Act is amended by changing 
24Section 3-10 as follows:

 
 
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1    (35 ILCS 110/3-10)    (from Ch. 120, par. 439.33-10)
2    Sec. 3-10. Rate of tax. Unless otherwise provided in this 
3Section, the tax imposed by this Act is at the rate of 6.25% of 
4the selling price of tangible personal property transferred, 
5including, on and after January 1, 2025, transferred by lease, 
6as an incident to the sale of service, but, for the purpose of 
7computing this tax, in no event shall the selling price be less 
8than the cost price of the property to the serviceman.
9    Beginning on July 1, 2000 and through December 31, 2000, 
10with respect to motor fuel, as defined in Section 1.1 of the 
11Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of 
12the Use Tax Act, the tax is imposed at the rate of 1.25%.
13    With respect to gasohol, as defined in the Use Tax Act, the 
14tax imposed by this Act applies to (i) 70% of the selling price 
15of property transferred as an incident to the sale of service 
16on or after January 1, 1990, and before July 1, 2003, (ii) 80% 
17of the selling price of property transferred as an incident to 
18the sale of service on or after July 1, 2003 and on or before 
19July 1, 2017, (iii) 100% of the selling price of property 
20transferred as an incident to the sale of service after July 1, 
212017 and before January 1, 2024, (iv) 90% of the selling price 
22of property transferred as an incident to the sale of service 
23on or after January 1, 2024 and on or before December 31, 2028, 
24and (v) 100% of the selling price of property transferred as an 
25incident to the sale of service after December 31, 2028. If, at 
26any time, however, the tax under this Act on sales of gasohol, 
 
 
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1as defined in the Use Tax Act, is imposed at the rate of 1.25%, 
2then the tax imposed by this Act applies to 100% of the 
3proceeds of sales of gasohol made during that time.
4    With respect to mid-range ethanol blends, as defined in 
5Section 3-44.3 of the Use Tax Act, the tax imposed by this Act 
6applies to (i) 80% of the selling price of property 
7transferred as an incident to the sale of service on or after 
8January 1, 2024 and on or before December 31, 2028 and (ii) 
9100% of the selling price of property transferred as an 
10incident to the sale of service after December 31, 2028. If, at 
11any time, however, the tax under this Act on sales of mid-range 
12ethanol blends is imposed at the rate of 1.25%, then the tax 
13imposed by this Act applies to 100% of the selling price of 
14mid-range ethanol blends transferred as an incident to the 
15sale of service during that time.
16    With respect to majority blended ethanol fuel, as defined 
17in the Use Tax Act, the tax imposed by this Act does not apply 
18to the selling price of property transferred as an incident to 
19the sale of service on or after July 1, 2003 and on or before 
20December 31, 2028 but applies to 100% of the selling price 
21thereafter.
22    With respect to biodiesel blends, as defined in the Use 
23Tax Act, with no less than 1% and no more than 10% biodiesel, 
24the tax imposed by this Act applies to (i) 80% of the selling 
25price of property transferred as an incident to the sale of 
26service on or after July 1, 2003 and on or before December 31, 
 
 
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12018 and (ii) 100% of the proceeds of the selling price after 
2December 31, 2018 and before January 1, 2024. On and after 
3January 1, 2024 and on or before December 31, 2030, the 
4taxation of biodiesel, renewable diesel, and biodiesel blends 
5shall be as provided in Section 3-5.1 of the Use Tax Act. If, 
6at any time, however, the tax under this Act on sales of 
7biodiesel blends, as defined in the Use Tax Act, with no less 
8than 1% and no more than 10% biodiesel is imposed at the rate 
9of 1.25%, then the tax imposed by this Act applies to 100% of 
10the proceeds of sales of biodiesel blends with no less than 1% 
11and no more than 10% biodiesel made during that time.
12    With respect to biodiesel, as defined in the Use Tax Act, 
13and biodiesel blends, as defined in the Use Tax Act, with more 
14than 10% but no more than 99% biodiesel, the tax imposed by 
15this Act does not apply to the proceeds of the selling price of 
16property transferred as an incident to the sale of service on 
17or after July 1, 2003 and on or before December 31, 2023. On 
18and after January 1, 2024 and on or before December 31, 2030, 
19the taxation of biodiesel, renewable diesel, and biodiesel 
20blends shall be as provided in Section 3-5.1 of the Use Tax 
21Act.
22    At the election of any registered serviceman made for each 
23fiscal year, sales of service in which the aggregate annual 
24cost price of tangible personal property transferred as an 
25incident to the sales of service is less than 35%, or 75% in 
26the case of servicemen transferring prescription drugs or 
 
 
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1servicemen engaged in graphic arts production, of the 
2aggregate annual total gross receipts from all sales of 
3service, the tax imposed by this Act shall be based on the 
4serviceman's cost price of the tangible personal property 
5transferred as an incident to the sale of those services.
6    Until July 1, 2022 and from July 1, 2023 through December 
731, 2025, the tax shall be imposed at the rate of 1% on food 
8prepared for immediate consumption and transferred incident to 
9a sale of service subject to this Act or the Service Occupation 
10Tax Act by an entity licensed under the Hospital Licensing 
11Act, the Nursing Home Care Act, the Assisted Living and Shared 
12Housing Act, the ID/DD Community Care Act, the MC/DD Act, the 
13Specialized Mental Health Rehabilitation Act of 2013, or the 
14Child Care Act of 1969, or an entity that holds a permit issued 
15pursuant to the Life Care Facilities Act. Until July 1, 2022 
16and from July 1, 2023 through December 31, 2025, the tax shall 
17also be imposed at the rate of 1% on food for human consumption 
18that is to be consumed off the premises where it is sold (other 
19than alcoholic beverages, food consisting of or infused with 
20adult use cannabis, soft drinks, and food that has been 
21prepared for immediate consumption and is not otherwise 
22included in this paragraph). 
23    Beginning on July 1, 2022 and until July 1, 2023, the tax 
24shall be imposed at the rate of 0% on food prepared for 
25immediate consumption and transferred incident to a sale of 
26service subject to this Act or the Service Occupation Tax Act 
 
 
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1by an entity licensed under the Hospital Licensing Act, the 
2Nursing Home Care Act, the Assisted Living and Shared Housing 
3Act, the ID/DD Community Care Act, the MC/DD Act, the 
4Specialized Mental Health Rehabilitation Act of 2013, or the 
5Child Care Act of 1969, or an entity that holds a permit issued 
6pursuant to the Life Care Facilities Act. Beginning on July 1, 
72022 and until July 1, 2023, the tax shall also be imposed at 
8the rate of 0% on food for human consumption that is to be 
9consumed off the premises where it is sold (other than 
10alcoholic beverages, food consisting of or infused with adult 
11use cannabis, soft drinks, and food that has been prepared for 
12immediate consumption and is not otherwise included in this 
13paragraph). 
14    On and an after January 1, 2026, food prepared for 
15immediate consumption and transferred incident to a sale of 
16service subject to this Act or the Service Occupation Tax Act 
17by an entity licensed under the Hospital Licensing Act, the 
18Nursing Home Care Act, the Assisted Living and Shared Housing 
19Act, the ID/DD Community Care Act, the MC/DD Act, the 
20Specialized Mental Health Rehabilitation Act of 2013, or the 
21Child Care Act of 1969, or by an entity that holds a permit 
22issued pursuant to the Life Care Facilities Act is exempt from 
23the tax under this Act. On and after January 1, 2026, food for 
24human consumption that is to be consumed off the premises 
25where it is sold (other than alcoholic beverages, food 
26consisting of or infused with adult use cannabis, soft drinks, 
 
 
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1candy, and food that has been prepared for immediate 
2consumption and is not otherwise included in this paragraph) 
3is exempt from the tax under this Act. 
4    The tax shall be imposed at the rate of 1% on prescription 
5and nonprescription medicines, drugs, medical appliances, 
6products classified as Class III medical devices by the United 
7States Food and Drug Administration that are used for cancer 
8treatment pursuant to a prescription, as well as any 
9accessories and components related to those devices, 
10modifications to a motor vehicle for the purpose of rendering 
11it usable by a person with a disability, and insulin, blood 
12sugar testing materials, syringes, and needles used by human 
13diabetics. For the purposes of this Section, until September 
141, 2009: the term "soft drinks" means any complete, finished, 
15ready-to-use, non-alcoholic drink, whether carbonated or not, 
16including, but not limited to, soda water, cola, fruit juice, 
17vegetable juice, carbonated water, and all other preparations 
18commonly known as soft drinks of whatever kind or description 
19that are contained in any closed or sealed bottle, can, 
20carton, or container, regardless of size; but "soft drinks" 
21does not include coffee, tea, non-carbonated water, infant 
22formula, milk or milk products as defined in the Grade A 
23Pasteurized Milk and Milk Products Act, or drinks containing 
2450% or more natural fruit or vegetable juice.
25    Notwithstanding any other provisions of this Act, 
26beginning September 1, 2009, "soft drinks" means non-alcoholic 
 
 
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1beverages that contain natural or artificial sweeteners. "Soft 
2drinks" does not include beverages that contain milk or milk 
3products, soy, rice or similar milk substitutes, or greater 
4than 50% of vegetable or fruit juice by volume.
5    Until August 1, 2009, and notwithstanding any other 
6provisions of this Act, "food for human consumption that is to 
7be consumed off the premises where it is sold" includes all 
8food sold through a vending machine, except soft drinks and 
9food products that are dispensed hot from a vending machine, 
10regardless of the location of the vending machine. Beginning 
11August 1, 2009, and notwithstanding any other provisions of 
12this Act, "food for human consumption that is to be consumed 
13off the premises where it is sold" includes all food sold 
14through a vending machine, except soft drinks, candy, and food 
15products that are dispensed hot from a vending machine, 
16regardless of the location of the vending machine. 
17    Notwithstanding any other provisions of this Act, 
18beginning September 1, 2009, "food for human consumption that 
19is to be consumed off the premises where it is sold" does not 
20include candy. For purposes of this Section, "candy" means a 
21preparation of sugar, honey, or other natural or artificial 
22sweeteners in combination with chocolate, fruits, nuts or 
23other ingredients or flavorings in the form of bars, drops, or 
24pieces. "Candy" does not include any preparation that contains 
25flour or requires refrigeration. 
26    Notwithstanding any other provisions of this Act, 
 
 
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1beginning September 1, 2009, "nonprescription medicines and 
2drugs" does not include grooming and hygiene products. For 
3purposes of this Section, "grooming and hygiene products" 
4includes, but is not limited to, soaps and cleaning solutions, 
5shampoo, toothpaste, mouthwash, antiperspirants, and sun tan 
6lotions and screens, unless those products are available by 
7prescription only, regardless of whether the products meet the 
8definition of "over-the-counter-drugs". For the purposes of 
9this paragraph, "over-the-counter-drug" means a drug for human 
10use that contains a label that identifies the product as a drug 
11as required by 21 CFR 201.66. The "over-the-counter-drug" 
12label includes: 
13        (A) a "Drug Facts" panel; or
14        (B) a statement of the "active ingredient(s)" with a 
15 list of those ingredients contained in the compound, 
16 substance or preparation.
17    Beginning on January 1, 2014 (the effective date of Public 
18Act 98-122), and through June 30, 2025, "prescription and 
19nonprescription medicines and drugs" includes medical cannabis 
20purchased from a registered dispensing organization under the 
21Compassionate Use of Medical Cannabis Program Act. 
22    Beginning on July 1, 2025, "prescription and 
23nonprescription medicines and drugs" includes cannabis 
24purchased by a qualified registered patient, provisional 
25patient, or designated caregiver from a dispensing 
26organization registered under the Compassionate Use of Medical 
 
 
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1Cannabis Program Act or the Cannabis Regulation and Tax Act.    
2    As used in this Section, through June 30,2025, "adult use 
3cannabis" means cannabis subject to tax under the Cannabis 
4Cultivation Privilege Tax Law and the Cannabis Purchaser 
5Excise Tax Law and does not include cannabis subject to tax 
6under the Compassionate Use of Medical Cannabis Program Act. 
7    Beginning July 1, 2025, as used in this Section, "adult 
8use cannabis" means cannabis subject to tax under the Cannabis 
9Cultivation Privilege Tax Law and the Cannabis Purchaser 
10Excise Tax Law and does not include cannabis purchased by a 
11qualified registered patient, provisional patient, or 
12designated caregiver.    
13    If the property that is acquired from a serviceman is 
14acquired outside Illinois and used outside Illinois before 
15being brought to Illinois for use here and is taxable under 
16this Act, the "selling price" on which the tax is computed 
17shall be reduced by an amount that represents a reasonable 
18allowance for depreciation for the period of prior 
19out-of-state use. No depreciation is allowed in cases where 
20the tax under this Act is imposed on lease receipts.
21(Source: P.A. 102-4, eff. 4-27-21; 102-16, eff. 6-17-21; 
22102-700, Article 20, Section 20-10, eff. 4-19-22; 102-700, 
23Article 60, Section 60-20, eff. 4-19-22; 103-9, eff. 6-7-23; 
24103-154, eff. 6-30-23; 103-592, eff. 1-1-25; 103-781, eff. 
258-5-24; revised 11-26-24.)

 
 
HB3682- 18 -LRB104 09747 BDA 19813 b


1    Section 15. The Service Occupation Tax Act is amended by 
2changing Section 3-10 as follows:

3    (35 ILCS 115/3-10)    (from Ch. 120, par. 439.103-10)
4    Sec. 3-10. Rate of tax. Unless otherwise provided in this 
5Section, the tax imposed by this Act is at the rate of 6.25% of 
6the "selling price", as defined in Section 2 of the Service Use 
7Tax Act, of the tangible personal property, including, on and 
8after January 1, 2025, tangible personal property transferred 
9by lease. For the purpose of computing this tax, in no event 
10shall the "selling price" be less than the cost price to the 
11serviceman of the tangible personal property transferred. The 
12selling price of each item of tangible personal property 
13transferred as an incident of a sale of service may be shown as 
14a distinct and separate item on the serviceman's billing to 
15the service customer. If the selling price is not so shown, the 
16selling price of the tangible personal property is deemed to 
17be 50% of the serviceman's entire billing to the service 
18customer. When, however, a serviceman contracts to design, 
19develop, and produce special order machinery or equipment, the 
20tax imposed by this Act shall be based on the serviceman's cost 
21price of the tangible personal property transferred incident 
22to the completion of the contract.
23    Beginning on July 1, 2000 and through December 31, 2000, 
24with respect to motor fuel, as defined in Section 1.1 of the 
25Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of 
 
 
HB3682- 19 -LRB104 09747 BDA 19813 b


1the Use Tax Act, the tax is imposed at the rate of 1.25%.
2    With respect to gasohol, as defined in the Use Tax Act, the 
3tax imposed by this Act shall apply to (i) 70% of the cost 
4price of property transferred as an incident to the sale of 
5service on or after January 1, 1990, and before July 1, 2003, 
6(ii) 80% of the selling price of property transferred as an 
7incident to the sale of service on or after July 1, 2003 and on 
8or before July 1, 2017, (iii) 100% of the selling price of 
9property transferred as an incident to the sale of service 
10after July 1, 2017 and prior to January 1, 2024, (iv) 90% of 
11the selling price of property transferred as an incident to 
12the sale of service on or after January 1, 2024 and on or 
13before December 31, 2028, and (v) 100% of the selling price of 
14property transferred as an incident to the sale of service 
15after December 31, 2028. If, at any time, however, the tax 
16under this Act on sales of gasohol, as defined in the Use Tax 
17Act, is imposed at the rate of 1.25%, then the tax imposed by 
18this Act applies to 100% of the proceeds of sales of gasohol 
19made during that time.
20    With respect to mid-range ethanol blends, as defined in 
21Section 3-44.3 of the Use Tax Act, the tax imposed by this Act 
22applies to (i) 80% of the selling price of property 
23transferred as an incident to the sale of service on or after 
24January 1, 2024 and on or before December 31, 2028 and (ii) 
25100% of the selling price of property transferred as an 
26incident to the sale of service after December 31, 2028. If, at 
 
 
HB3682- 20 -LRB104 09747 BDA 19813 b


1any time, however, the tax under this Act on sales of mid-range 
2ethanol blends is imposed at the rate of 1.25%, then the tax 
3imposed by this Act applies to 100% of the selling price of 
4mid-range ethanol blends transferred as an incident to the 
5sale of service during that time. 
6    With respect to majority blended ethanol fuel, as defined 
7in the Use Tax Act, the tax imposed by this Act does not apply 
8to the selling price of property transferred as an incident to 
9the sale of service on or after July 1, 2003 and on or before 
10December 31, 2028 but applies to 100% of the selling price 
11thereafter.
12    With respect to biodiesel blends, as defined in the Use 
13Tax Act, with no less than 1% and no more than 10% biodiesel, 
14the tax imposed by this Act applies to (i) 80% of the selling 
15price of property transferred as an incident to the sale of 
16service on or after July 1, 2003 and on or before December 31, 
172018 and (ii) 100% of the proceeds of the selling price after 
18December 31, 2018 and before January 1, 2024. On and after 
19January 1, 2024 and on or before December 31, 2030, the 
20taxation of biodiesel, renewable diesel, and biodiesel blends 
21shall be as provided in Section 3-5.1 of the Use Tax Act. If, 
22at any time, however, the tax under this Act on sales of 
23biodiesel blends, as defined in the Use Tax Act, with no less 
24than 1% and no more than 10% biodiesel is imposed at the rate 
25of 1.25%, then the tax imposed by this Act applies to 100% of 
26the proceeds of sales of biodiesel blends with no less than 1% 
 
 
HB3682- 21 -LRB104 09747 BDA 19813 b


1and no more than 10% biodiesel made during that time.
2    With respect to biodiesel, as defined in the Use Tax Act, 
3and biodiesel blends, as defined in the Use Tax Act, with more 
4than 10% but no more than 99% biodiesel material, the tax 
5imposed by this Act does not apply to the proceeds of the 
6selling price of property transferred as an incident to the 
7sale of service on or after July 1, 2003 and on or before 
8December 31, 2023. On and after January 1, 2024 and on or 
9before December 31, 2030, the taxation of biodiesel, renewable 
10diesel, and biodiesel blends shall be as provided in Section 
113-5.1 of the Use Tax Act.
12    At the election of any registered serviceman made for each 
13fiscal year, sales of service in which the aggregate annual 
14cost price of tangible personal property transferred as an 
15incident to the sales of service is less than 35%, or 75% in 
16the case of servicemen transferring prescription drugs or 
17servicemen engaged in graphic arts production, of the 
18aggregate annual total gross receipts from all sales of 
19service, the tax imposed by this Act shall be based on the 
20serviceman's cost price of the tangible personal property 
21transferred incident to the sale of those services.
22    Until July 1, 2022 and from July 1, 2023 through December 
2331, 2025, the tax shall be imposed at the rate of 1% on food 
24prepared for immediate consumption and transferred incident to 
25a sale of service subject to this Act or the Service Use Tax 
26Act by an entity licensed under the Hospital Licensing Act, 
 
 
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1the Nursing Home Care Act, the Assisted Living and Shared 
2Housing Act, the ID/DD Community Care Act, the MC/DD Act, the 
3Specialized Mental Health Rehabilitation Act of 2013, or the 
4Child Care Act of 1969, or an entity that holds a permit issued 
5pursuant to the Life Care Facilities Act. Until July 1, 2022 
6and from July 1, 2023 through December 31, 2025, the tax shall 
7also be imposed at the rate of 1% on food for human consumption 
8that is to be consumed off the premises where it is sold (other 
9than alcoholic beverages, food consisting of or infused with 
10adult use cannabis, soft drinks, and food that has been 
11prepared for immediate consumption and is not otherwise 
12included in this paragraph).
13    Beginning on July 1, 2022 and until July 1, 2023, the tax 
14shall be imposed at the rate of 0% on food prepared for 
15immediate consumption and transferred incident to a sale of 
16service subject to this Act or the Service Use Tax Act by an 
17entity licensed under the Hospital Licensing Act, the Nursing 
18Home Care Act, the Assisted Living and Shared Housing Act, the 
19ID/DD Community Care Act, the MC/DD Act, the Specialized 
20Mental Health Rehabilitation Act of 2013, or the Child Care 
21Act of 1969, or an entity that holds a permit issued pursuant 
22to the Life Care Facilities Act. Beginning July 1, 2022 and 
23until July 1, 2023, the tax shall also be imposed at the rate 
24of 0% on food for human consumption that is to be consumed off 
25the premises where it is sold (other than alcoholic beverages, 
26food consisting of or infused with adult use cannabis, soft 
 
 
HB3682- 23 -LRB104 09747 BDA 19813 b


1drinks, and food that has been prepared for immediate 
2consumption and is not otherwise included in this paragraph). 
3    On and after January 1, 2026, food prepared for immediate 
4consumption and transferred incident to a sale of service 
5subject to this Act or the Service Use Tax Act by an entity 
6licensed under the Hospital Licensing Act, the Nursing Home 
7Care Act, the Assisted Living and Shared Housing Act, the 
8ID/DD Community Care Act, the MC/DD Act, the Specialized 
9Mental Health Rehabilitation Act of 2013, or the Child Care 
10Act of 1969, or an entity that holds a permit issued pursuant 
11to the Life Care Facilities Act is exempt from the tax imposed 
12by this Act. On and after January 1, 2026, food for human 
13consumption that is to be consumed off the premises where it is 
14sold (other than alcoholic beverages, food consisting of or 
15infused with adult use cannabis, soft drinks, candy, and food 
16that has been prepared for immediate consumption and is not 
17otherwise included in this paragraph) is exempt from the tax 
18imposed by this Act. 
19    The tax shall be imposed at the rate of 1% on prescription 
20and nonprescription medicines, drugs, medical appliances, 
21products classified as Class III medical devices by the United 
22States Food and Drug Administration that are used for cancer 
23treatment pursuant to a prescription, as well as any 
24accessories and components related to those devices, 
25modifications to a motor vehicle for the purpose of rendering 
26it usable by a person with a disability, and insulin, blood 
 
 
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1sugar testing materials, syringes, and needles used by human 
2diabetics. For the purposes of this Section, until September 
31, 2009: the term "soft drinks" means any complete, finished, 
4ready-to-use, non-alcoholic drink, whether carbonated or not, 
5including, but not limited to, soda water, cola, fruit juice, 
6vegetable juice, carbonated water, and all other preparations 
7commonly known as soft drinks of whatever kind or description 
8that are contained in any closed or sealed can, carton, or 
9container, regardless of size; but "soft drinks" does not 
10include coffee, tea, non-carbonated water, infant formula, 
11milk or milk products as defined in the Grade A Pasteurized 
12Milk and Milk Products Act, or drinks containing 50% or more 
13natural fruit or vegetable juice.
14    Notwithstanding any other provisions of this Act, 
15beginning September 1, 2009, "soft drinks" means non-alcoholic 
16beverages that contain natural or artificial sweeteners. "Soft 
17drinks" does not include beverages that contain milk or milk 
18products, soy, rice or similar milk substitutes, or greater 
19than 50% of vegetable or fruit juice by volume.
20    Until August 1, 2009, and notwithstanding any other 
21provisions of this Act, "food for human consumption that is to 
22be consumed off the premises where it is sold" includes all 
23food sold through a vending machine, except soft drinks and 
24food products that are dispensed hot from a vending machine, 
25regardless of the location of the vending machine. Beginning 
26August 1, 2009, and notwithstanding any other provisions of 
 
 
HB3682- 25 -LRB104 09747 BDA 19813 b


1this Act, "food for human consumption that is to be consumed 
2off the premises where it is sold" includes all food sold 
3through a vending machine, except soft drinks, candy, and food 
4products that are dispensed hot from a vending machine, 
5regardless of the location of the vending machine. 
6    Notwithstanding any other provisions of this Act, 
7beginning September 1, 2009, "food for human consumption that 
8is to be consumed off the premises where it is sold" does not 
9include candy. For purposes of this Section, "candy" means a 
10preparation of sugar, honey, or other natural or artificial 
11sweeteners in combination with chocolate, fruits, nuts or 
12other ingredients or flavorings in the form of bars, drops, or 
13pieces. "Candy" does not include any preparation that contains 
14flour or requires refrigeration. 
15    Notwithstanding any other provisions of this Act, 
16beginning September 1, 2009, "nonprescription medicines and 
17drugs" does not include grooming and hygiene products. For 
18purposes of this Section, "grooming and hygiene products" 
19includes, but is not limited to, soaps and cleaning solutions, 
20shampoo, toothpaste, mouthwash, antiperspirants, and sun tan 
21lotions and screens, unless those products are available by 
22prescription only, regardless of whether the products meet the 
23definition of "over-the-counter-drugs". For the purposes of 
24this paragraph, "over-the-counter-drug" means a drug for human 
25use that contains a label that identifies the product as a drug 
26as required by 21 CFR 201.66. The "over-the-counter-drug" 
 
 
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1label includes: 
2        (A) a "Drug Facts" panel; or
3        (B) a statement of the "active ingredient(s)" with a 
4 list of those ingredients contained in the compound, 
5 substance or preparation.
6    Beginning on January 1, 2014 and through June 30, 2025,    
7(the effective date of Public Act 98-122), "prescription and 
8nonprescription medicines and drugs" includes medical cannabis 
9purchased from a registered dispensing organization under the 
10Compassionate Use of Medical Cannabis Program Act. 
11    Beginning on July 1, 2025, "prescription and 
12nonprescription medicines and drugs" includes cannabis 
13purchased by a qualified registered patient, provisional 
14patient, or designated caregiver from a dispensing 
15organization registered under the Compassionate Use of Medical 
16Cannabis Program Act or the Cannabis Regulation and Tax Act.    
17    As used in this Section, and through June 30, 2025, "adult 
18use cannabis" means cannabis subject to tax under the Cannabis 
19Cultivation Privilege Tax Law and the Cannabis Purchaser 
20Excise Tax Law and does not include cannabis subject to tax 
21under the Compassionate Use of Medical Cannabis Program Act. 
22    Beginning July 1, 2025, as used in this Section, "adult 
23use cannabis" means cannabis subject to tax under the Cannabis 
24Cultivation Privilege Tax Law and the Cannabis Purchaser 
25Excise Tax Law and does not include cannabis purchased by a 
26qualified registered patient, provisional patient, or 
 
 
HB3682- 27 -LRB104 09747 BDA 19813 b


1designated caregiver.    
2(Source: P.A. 102-4, eff. 4-27-21; 102-16, eff. 6-17-21; 
3102-700, Article 20, Section 20-15, eff. 4-19-22; 102-700, 
4Article 60, Section 60-25, eff. 4-19-22; 103-9, eff. 6-7-23; 
5103-154, eff. 6-30-23; 103-592, eff. 1-1-25; 103-781, eff. 
68-5-24; revised 11-26-24.)

7    Section 20. The Retailers' Occupation Tax Act is amended 
8by changing Section 2-10 as follows:

9    (35 ILCS 120/2-10)    from Ch. 120, par. 441-10
10    Sec. 2-10. Rate of tax. Unless otherwise provided in this 
11Section, the tax imposed by this Act is at the rate of 6.25% of 
12gross receipts from sales, which, on and after January 1, 
132025, includes leases, of tangible personal property made in 
14the course of business.
15    Beginning on July 1, 2000 and through December 31, 2000, 
16with respect to motor fuel, as defined in Section 1.1 of the 
17Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of 
18the Use Tax Act, the tax is imposed at the rate of 1.25%.
19    Beginning on August 6, 2010 through August 15, 2010, and 
20beginning again on August 5, 2022 through August 14, 2022, 
21with respect to sales tax holiday items as defined in Section 
222-8 of this Act, the tax is imposed at the rate of 1.25%. 
23    Within 14 days after July 1, 2000 (the effective date of 
24Public Act 91-872), each retailer of motor fuel and gasohol 
 
 
HB3682- 28 -LRB104 09747 BDA 19813 b


1shall cause the following notice to be posted in a prominently 
2visible place on each retail dispensing device that is used to 
3dispense motor fuel or gasohol in the State of Illinois: "As of 
4July 1, 2000, the State of Illinois has eliminated the State's 
5share of sales tax on motor fuel and gasohol through December 
631, 2000. The price on this pump should reflect the 
7elimination of the tax." The notice shall be printed in bold 
8print on a sign that is no smaller than 4 inches by 8 inches. 
9The sign shall be clearly visible to customers. Any retailer 
10who fails to post or maintain a required sign through December 
1131, 2000 is guilty of a petty offense for which the fine shall 
12be $500 per day per each retail premises where a violation 
13occurs.
14    With respect to gasohol, as defined in the Use Tax Act, the 
15tax imposed by this Act applies to (i) 70% of the proceeds of 
16sales made on or after January 1, 1990, and before July 1, 
172003, (ii) 80% of the proceeds of sales made on or after July 
181, 2003 and on or before July 1, 2017, (iii) 100% of the 
19proceeds of sales made after July 1, 2017 and prior to January 
201, 2024, (iv) 90% of the proceeds of sales made on or after 
21January 1, 2024 and on or before December 31, 2028, and (v) 
22100% of the proceeds of sales made after December 31, 2028. If, 
23at any time, however, the tax under this Act on sales of 
24gasohol, as defined in the Use Tax Act, is imposed at the rate 
25of 1.25%, then the tax imposed by this Act applies to 100% of 
26the proceeds of sales of gasohol made during that time.
 
 
HB3682- 29 -LRB104 09747 BDA 19813 b


1    With respect to mid-range ethanol blends, as defined in 
2Section 3-44.3 of the Use Tax Act, the tax imposed by this Act 
3applies to (i) 80% of the proceeds of sales made on or after 
4January 1, 2024 and on or before December 31, 2028 and (ii) 
5100% of the proceeds of sales made after December 31, 2028. If, 
6at any time, however, the tax under this Act on sales of 
7mid-range ethanol blends is imposed at the rate of 1.25%, then 
8the tax imposed by this Act applies to 100% of the proceeds of 
9sales of mid-range ethanol blends made during that time. 
10    With respect to majority blended ethanol fuel, as defined 
11in the Use Tax Act, the tax imposed by this Act does not apply 
12to the proceeds of sales made on or after July 1, 2003 and on 
13or before December 31, 2028 but applies to 100% of the proceeds 
14of sales made thereafter.
15    With respect to biodiesel blends, as defined in the Use 
16Tax Act, with no less than 1% and no more than 10% biodiesel, 
17the tax imposed by this Act applies to (i) 80% of the proceeds 
18of sales made on or after July 1, 2003 and on or before 
19December 31, 2018 and (ii) 100% of the proceeds of sales made 
20after December 31, 2018 and before January 1, 2024. On and 
21after January 1, 2024 and on or before December 31, 2030, the 
22taxation of biodiesel, renewable diesel, and biodiesel blends 
23shall be as provided in Section 3-5.1 of the Use Tax Act. If, 
24at any time, however, the tax under this Act on sales of 
25biodiesel blends, as defined in the Use Tax Act, with no less 
26than 1% and no more than 10% biodiesel is imposed at the rate 
 
 
HB3682- 30 -LRB104 09747 BDA 19813 b


1of 1.25%, then the tax imposed by this Act applies to 100% of 
2the proceeds of sales of biodiesel blends with no less than 1% 
3and no more than 10% biodiesel made during that time.
4    With respect to biodiesel, as defined in the Use Tax Act, 
5and biodiesel blends, as defined in the Use Tax Act, with more 
6than 10% but no more than 99% biodiesel, the tax imposed by 
7this Act does not apply to the proceeds of sales made on or 
8after July 1, 2003 and on or before December 31, 2023. On and 
9after January 1, 2024 and on or before December 31, 2030, the 
10taxation of biodiesel, renewable diesel, and biodiesel blends 
11shall be as provided in Section 3-5.1 of the Use Tax Act. 
12    Until July 1, 2022 and from July 1, 2023 through December 
1331, 2025, with respect to food for human consumption that is to 
14be consumed off the premises where it is sold (other than 
15alcoholic beverages, food consisting of or infused with adult 
16use cannabis, soft drinks, and food that has been prepared for 
17immediate consumption), the tax is imposed at the rate of 1%. 
18Beginning July 1, 2022 and until July 1, 2023, with respect to 
19food for human consumption that is to be consumed off the 
20premises where it is sold (other than alcoholic beverages, 
21food consisting of or infused with adult use cannabis, soft 
22drinks, and food that has been prepared for immediate 
23consumption), the tax is imposed at the rate of 0%. On and 
24after January 1, 2026, food for human consumption that is to be 
25consumed off the premises where it is sold (other than 
26alcoholic beverages, food consisting of or infused with adult 
 
 
HB3682- 31 -LRB104 09747 BDA 19813 b


1use cannabis, soft drinks, candy, and food that has been 
2prepared for immediate consumption) is exempt from the tax 
3imposed by this Act. 
4    With respect to prescription and nonprescription 
5medicines, drugs, medical appliances, products classified as 
6Class III medical devices by the United States Food and Drug 
7Administration that are used for cancer treatment pursuant to 
8a prescription, as well as any accessories and components 
9related to those devices, modifications to a motor vehicle for 
10the purpose of rendering it usable by a person with a 
11disability, and insulin, blood sugar testing materials, 
12syringes, and needles used by human diabetics, the tax is 
13imposed at the rate of 1%. For the purposes of this Section, 
14until September 1, 2009: the term "soft drinks" means any 
15complete, finished, ready-to-use, non-alcoholic drink, whether 
16carbonated or not, including, but not limited to, soda water, 
17cola, fruit juice, vegetable juice, carbonated water, and all 
18other preparations commonly known as soft drinks of whatever 
19kind or description that are contained in any closed or sealed 
20bottle, can, carton, or container, regardless of size; but 
21"soft drinks" does not include coffee, tea, non-carbonated 
22water, infant formula, milk or milk products as defined in the 
23Grade A Pasteurized Milk and Milk Products Act, or drinks 
24containing 50% or more natural fruit or vegetable juice.
25    Notwithstanding any other provisions of this Act, 
26beginning September 1, 2009, "soft drinks" means non-alcoholic 
 
 
HB3682- 32 -LRB104 09747 BDA 19813 b


1beverages that contain natural or artificial sweeteners. "Soft 
2drinks" does not include beverages that contain milk or milk 
3products, soy, rice or similar milk substitutes, or greater 
4than 50% of vegetable or fruit juice by volume.
5    Until August 1, 2009, and notwithstanding any other 
6provisions of this Act, "food for human consumption that is to 
7be consumed off the premises where it is sold" includes all 
8food sold through a vending machine, except soft drinks and 
9food products that are dispensed hot from a vending machine, 
10regardless of the location of the vending machine. Beginning 
11August 1, 2009, and notwithstanding any other provisions of 
12this Act, "food for human consumption that is to be consumed 
13off the premises where it is sold" includes all food sold 
14through a vending machine, except soft drinks, candy, and food 
15products that are dispensed hot from a vending machine, 
16regardless of the location of the vending machine. 
17    Notwithstanding any other provisions of this Act, 
18beginning September 1, 2009, "food for human consumption that 
19is to be consumed off the premises where it is sold" does not 
20include candy. For purposes of this Section, "candy" means a 
21preparation of sugar, honey, or other natural or artificial 
22sweeteners in combination with chocolate, fruits, nuts or 
23other ingredients or flavorings in the form of bars, drops, or 
24pieces. "Candy" does not include any preparation that contains 
25flour or requires refrigeration. 
26    Notwithstanding any other provisions of this Act, 
 
 
HB3682- 33 -LRB104 09747 BDA 19813 b


1beginning September 1, 2009, "nonprescription medicines and 
2drugs" does not include grooming and hygiene products. For 
3purposes of this Section, "grooming and hygiene products" 
4includes, but is not limited to, soaps and cleaning solutions, 
5shampoo, toothpaste, mouthwash, antiperspirants, and sun tan 
6lotions and screens, unless those products are available by 
7prescription only, regardless of whether the products meet the 
8definition of "over-the-counter-drugs". For the purposes of 
9this paragraph, "over-the-counter-drug" means a drug for human 
10use that contains a label that identifies the product as a drug 
11as required by 21 CFR 201.66. The "over-the-counter-drug" 
12label includes: 
13        (A) a "Drug Facts" panel; or
14        (B) a statement of the "active ingredient(s)" with a 
15 list of those ingredients contained in the compound, 
16 substance or preparation.
17    Beginning on January 1, 2014 (the effective date of Public 
18Act 98-122), and through June 30, 2025, "prescription and 
19nonprescription medicines and drugs" includes medical cannabis 
20purchased from a registered dispensing organization under the 
21Compassionate Use of Medical Cannabis Program Act. 
22    Beginning on July 1, 2025, "prescription and 
23nonprescription medicines and drugs" includes cannabis 
24purchased by a qualified registered patient, provisional 
25patient, or designated caregiver from a dispensing 
26organization registered under the Compassionate Use of Medical 
 
 
HB3682- 34 -LRB104 09747 BDA 19813 b


1Cannabis Program Act or the Cannabis Regulation and Tax Act.    
2    As used in this Section, and through June 30, 2025, "adult 
3use cannabis" means cannabis subject to tax under the Cannabis 
4Cultivation Privilege Tax Law and the Cannabis Purchaser 
5Excise Tax Law and does not include cannabis subject to tax 
6under the Compassionate Use of Medical Cannabis Program Act. 
7    Beginning July 1, 2025, as used in this Section, "adult 
8use cannabis" means cannabis subject to tax under the Cannabis 
9Cultivation Privilege Tax Law and the Cannabis Purchaser 
10Excise Tax Law and does not include cannabis purchased by a 
11qualified registered patient, provisional patient, or 
12designated caregiver.    
13(Source: P.A. 102-4, eff. 4-27-21; 102-700, Article 20, 
14Section 20-20, eff. 4-19-22; 102-700, Article 60, Section 
1560-30, eff. 4-19-22; 102-700, Article 65, Section 65-10, eff. 
164-19-22; 103-9, eff. 6-7-23; 103-154, eff. 6-30-23; 103-592, 
17eff. 1-1-25; 103-781, eff. 8-5-24; revised 11-26-24.)

18    Section 25. The Compassionate Use of Medical Cannabis 
19Program Act is amended by changing Sections 7, 10, 15, 25, 30, 
2035, 57, 60, 70, 75, 85, 90, 95, 100, 105, 110, 115, 120, 125, 
21130, 140, 150, 180, 200, 205, and 210 as follows:

22    (410 ILCS 130/7)
23    Sec. 7. Lawful user and lawful products.  For the purposes 
24of this Act and to clarify the legislative findings on the 
 
 
HB3682- 35 -LRB104 09747 BDA 19813 b


1lawful use of cannabis:
2        (1) A cardholder under this Act shall not be 
3 considered an unlawful user or addicted to narcotics 
4 solely as a result of his or her qualifying patient, 
5 provisional patient, or designated caregiver status.
6        (2) All medical cannabis products purchased by a 
7 qualifying patient, provisional patient, or designated 
8 caregiver at a licensed dispensing organization shall be 
9 lawful products and a distinction shall be made between 
10 medical and non-medical uses of cannabis as a result of 
11 the qualifying patient's cardholder status, provisional 
12 registration for qualifying patient cardholder status, or 
13 participation in the Opioid Alternative Pilot Program 
14 under the authorized use granted under State law.
15        (3) An individual with a provisional registration for 
16 qualifying patient cardholder status, a qualifying patient 
17 in the Compassionate Use of Medical Cannabis Program, or 
18 an Opioid Alternative Pilot Program participant under 
19 Section 62 shall not be considered an unlawful user or 
20 addicted to narcotics solely as a result of his or her 
21 application to or participation in the program. 
22(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)

23    (410 ILCS 130/10)
24    Sec. 10. Definitions. The following terms, as used in this 
25Act, shall have the meanings set forth in this Section: 
 
 
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1    (a) "Adequate medical supply" means: 
2        (1) 2.5 ounces of usable cannabis during a period of 
3 14 days and that is derived solely from an intrastate 
4 source. 
5        (2) Subject to the rules of the Department of Public 
6 Health, a patient may apply for a waiver where a 
7 certifying health care professional provides a substantial 
8 medical basis in a signed, written statement asserting 
9 that, based on the patient's medical history, in the 
10 certifying health care professional's professional 
11 judgment, 2.5 ounces is an insufficient adequate medical    
12 supply for a 14-day period to properly alleviate the 
13 patient's debilitating medical condition or symptoms 
14 associated with the debilitating medical condition. 
15        (3) This subsection may not be construed to authorize 
16 the possession of more than 2.5 ounces at any time without 
17 authority from the Department of Public Health. 
18        (4) The pre-mixed weight of medical cannabis used in 
19 making a cannabis infused product shall apply toward the 
20 limit on the total amount of medical cannabis a registered 
21 qualifying patient may possess at any one time.
22    (a-5) "Advanced practice registered nurse" means a person 
23who is licensed under the Nurse Practice Act as an advanced 
24practice registered nurse and has a controlled substances 
25license under Article III of the Illinois Controlled 
26Substances Act. 
 
 
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1    (b) "Cannabis" has the same meaning given to that term in 
2Section 1-10 3 of the Cannabis Regulation and Tax Control Act. 
3    (b-5) "Cannabis business establishment" has the same 
4meaning given to that term in Section 1-10 of the Cannabis 
5Regulation and Tax Act.    
6    (c) "Cannabis plant monitoring system" means a system that 
7includes, but is not limited to, testing and data collection 
8established and maintained by the registered cultivation 
9center and available to the Department for the purposes of 
10documenting each cannabis plant and for monitoring plant 
11development throughout the life cycle of a cannabis plant 
12cultivated for the intended use by a qualifying patient from 
13seed planting to final packaging. 
14    (d) "Cardholder" means a qualifying patient, provisional 
15patient, or a designated caregiver who has been issued and 
16possesses a valid registry identification card by the 
17Department of Public Health. 
18    (d-5) "Certifying health care professional" means a 
19physician, an advanced practice registered nurse, or a 
20physician assistant. 
21    (e) "Cultivation center" means a facility operated by an 
22organization or business that is registered by the Department 
23of Agriculture to perform necessary activities to provide only 
24registered medical cannabis dispensing organizations with 
25usable medical cannabis. Beginning July 1, 2025, cultivation 
26centers registered under this Act are subject to regulation 
 
 
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1exclusively as a cultivation center under the Cannabis 
2Regulation and Tax Act. Cultivation center registrations under 
3this Act shall not be renewed after July 1, 2025.    
4    (f) "Cultivation center agent" means a principal officer, 
5board member, employee, or agent of a registered cultivation 
6center who is 21 years of age. This paragraph shall be repealed 
7on January 1, 2026 or older and has not been convicted of an 
8excluded offense. 
9    (g) "Cultivation center agent identification card" means a 
10document issued by the Department of Agriculture that 
11identifies a person as a cultivation center agent. This 
12paragraph shall be repealed on January 1, 2026.    
13    (h) "Debilitating medical condition" means one or more of 
14the following:
15        (1) cancer, glaucoma, positive status for human 
16 immunodeficiency virus, acquired immune deficiency 
17 syndrome, hepatitis C, amyotrophic lateral sclerosis, 
18 Crohn's disease (including, but not limited to, ulcerative 
19 colitis), agitation of Alzheimer's disease, 
20 cachexia/wasting syndrome, muscular dystrophy, severe 
21 fibromyalgia, spinal cord disease, including but not 
22 limited to arachnoiditis, Tarlov cysts, hydromyelia, 
23 syringomyelia, Rheumatoid arthritis, fibrous dysplasia, 
24 spinal cord injury, traumatic brain injury and 
25 post-concussion syndrome, Multiple Sclerosis, 
26 Arnold-Chiari malformation and Syringomyelia, 
 
 
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1 Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's, 
2 Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD 
3 (Complex Regional Pain Syndromes Type I), Causalgia, CRPS 
4 (Complex Regional Pain Syndromes Type II), 
5 Neurofibromatosis, Chronic Inflammatory Demyelinating 
6 Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial 
7 Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella 
8 syndrome, residual limb pain, seizures (including those 
9 characteristic of epilepsy), post-traumatic stress 
10 disorder (PTSD), autism, chronic pain, irritable bowel 
11 syndrome, migraines, osteoarthritis, anorexia nervosa, 
12 Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune 
13 Disease, neuropathy, polycystic kidney disease, superior 
14 canal dehiscence syndrome, or the treatment of these 
15 conditions; 
16        (1.5) terminal illness with a diagnosis of 6 months or 
17 less; if the terminal illness is not one of the qualifying 
18 debilitating medical conditions, then the certifying 
19 health care professional shall on the certification form 
20 identify the cause of the terminal illness; or 
21        (2) any other debilitating medical condition or its 
22 treatment that is added by the Department of Public Health 
23 by rule as provided in Section 45.
24    (i) "Designated caregiver" means a person who: (1) is at 
25least 21 years of age; (2) has agreed to assist with a 
26patient's medical use of cannabis; (3) has not been convicted 
 
 
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1of an excluded offense; and (3) (4) assists no more than one 
2registered qualifying patient with his or her medical use of 
3cannabis. Beginning July 1, 2025, a designated caregiver 
4registered under this Act may perform the designated 
5caregiver's duties at any dispensary licensed by the 
6Department of Financial and Professional Regulation under the 
7Cannabis Regulation and Tax Act.    
8    (j) "Dispensing organization agent identification card" 
9means a document issued by the Department of Financial and 
10Professional Regulation that identifies a person as a medical 
11cannabis dispensing organization agent. This definition shall 
12be repealed on January 1, 2026.    
13    (k) "Enclosed, locked facility" means a room, greenhouse, 
14building, or other enclosed area equipped with locks or other 
15security devices that permit access only by a cultivation 
16center's agents or a dispensing organization's agent working 
17for the registered cultivation center or the registered 
18dispensing organization to cultivate, store, and distribute 
19cannabis for registered qualifying patients. This definition 
20shall be repealed on January 1, 2026.    
21    (l) (Blank). "Excluded offense" for cultivation center 
22agents and dispensing organizations means:    
23        (1) a violent crime defined in Section 3 of the Rights 
24 of Crime Victims and Witnesses Act or a substantially 
25 similar offense that was classified as a felony in the 
26 jurisdiction where the person was convicted; or
 
 
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1        (2) a violation of a state or federal controlled 
2 substance law, the Cannabis Control Act, or the 
3 Methamphetamine Control and Community Protection Act that 
4 was classified as a felony in the jurisdiction where the 
5 person was convicted, except that the registering 
6 Department may waive this restriction if the person 
7 demonstrates to the registering Department's satisfaction 
8 that his or her conviction was for the possession, 
9 cultivation, transfer, or delivery of a reasonable amount 
10 of cannabis intended for medical use. This exception does 
11 not apply if the conviction was under state law and 
12 involved a violation of an existing medical cannabis law.
13    For purposes of this subsection, the Department of Public 
14Health shall determine by emergency rule within 30 days after 
15the effective date of this amendatory Act of the 99th General 
16Assembly what constitutes a "reasonable amount". 
17    (l-5) (Blank).
18    (l-10) "Illinois Cannabis Tracking System" means a 
19web-based system established and maintained by the Department 
20of Public Health that is available to the Department of 
21Agriculture, the Department of Financial and Professional 
22Regulation, the Illinois State Police, and registered medical 
23cannabis dispensing organizations on a 24-hour basis to upload 
24written certifications for Opioid Alternative Pilot Program 
25participants, to verify Opioid Alternative Pilot Program 
26participants, to verify Opioid Alternative Pilot Program 
 
 
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1participants' available cannabis allotment and assigned 
2dispensary, and the tracking of the date of sale, amount, and 
3price of medical cannabis purchased by an Opioid Alternative 
4Pilot Program participant.
5    (m) "Medical cannabis cultivation center registration" 
6means a registration issued by the Department of Agriculture. 
7This definition shall be repealed on January 1, 2026.    
8    (n) "Medical cannabis container" means a sealed, 
9traceable, food compliant, tamper resistant, tamper evident 
10container, or package used for the purpose of containment of 
11medical cannabis from a cultivation center to a dispensing 
12organization. This definition shall be repealed on January 1, 
132026.    
14    (o) "Medical cannabis dispensing organization", or 
15"dispensing organization", or "dispensary organization", 
16through June 30, 2025, means a facility operated by an 
17organization or business that is registered by the Department 
18of Financial and Professional Regulation to acquire medical 
19cannabis from a registered cultivation center for the purpose 
20of dispensing cannabis, paraphernalia, or related supplies and 
21educational materials to registered qualifying patients, 
22individuals with a provisional registration for qualifying 
23patient cardholder status, or an Opioid Alternative Pilot 
24Program participant. Beginning July 1, 2025, medical cannabis 
25dispensing organizations licensed under this Act are subject 
26to regulation as a dispensary under the Cannabis Regulation 
 
 
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1and Tax Act.    
2    (p) "Medical cannabis dispensing organization agent" or 
3"dispensing organization agent" means a principal officer, 
4board member, employee, or agent of a registered medical 
5cannabis dispensing organization who is 21 years of age or 
6older and has not been convicted of an excluded offense. 
7Beginning July 1, 2025, medical cannabis dispensing 
8organization agents licensed under this Act are subject to 
9regulation as a dispensary organization agent under the 
10Cannabis Regulation and Tax Act.    
11    (q) "Medical cannabis infused product" means food, oils, 
12ointments, or other products containing usable cannabis that 
13are not smoked. 
14    (r) "Medical use" means the acquisition; administration; 
15delivery; possession; transfer; transportation; or use of 
16cannabis to treat or alleviate a registered qualifying 
17patient's debilitating medical condition or symptoms 
18associated with the patient's debilitating medical condition. 
19    (r-5) "Opioid" means a narcotic drug or substance that is 
20a Schedule II controlled substance under paragraph (1), (2), 
21(3), or (5) of subsection (b) or under subsection (c) of 
22Section 206 of the Illinois Controlled Substances Act. 
23    (r-10) "Opioid Alternative Pilot Program participant" 
24means an individual who has received a valid written 
25certification to participate in the Opioid Alternative Pilot 
26Program for a medical condition for which an opioid has been or 
 
 
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1could be prescribed by a certifying health care professional 
2based on generally accepted standards of care. 
3    (s) "Physician" means a doctor of medicine or doctor of 
4osteopathy licensed under the Medical Practice Act of 1987 to 
5practice medicine and who has a controlled substances license 
6under Article III of the Illinois Controlled Substances Act. 
7It does not include a licensed practitioner under any other 
8Act including but not limited to the Illinois Dental Practice 
9Act. 
10    (s-1) "Physician assistant" means a physician assistant 
11licensed under the Physician Assistant Practice Act of 1987 
12and who has a controlled substances license under Article III 
13of the Illinois Controlled Substances Act. 
14    (s-5) "Provisional registration" means a document issued 
15by the Department of Public Health to a qualifying patient who 
16has submitted: (1) an online application and paid a fee to 
17participate in Compassionate Use of Medical Cannabis Program 
18pending approval or denial of the patient's application; or 
19(2) a completed application for terminal illness. 
20    (s-10) "Provisional patient" means a qualifying patient 
21who has received a provisional registration from the 
22Department of Public Health.    
23    (t) "Qualifying patient" or "registered qualifying 
24patient" means a person who has been diagnosed by a certifying 
25health care professional as having a debilitating medical 
26condition. 
 
 
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1    (u) "Registered" means licensed, permitted, or otherwise 
2certified by the Department of Agriculture, Department of 
3Public Health, or Department of Financial and Professional 
4Regulation. 
5    (v) "Registry identification card" means a document issued 
6by the Department of Public Health that identifies a person as 
7a registered qualifying patient, provisional patient, or 
8registered designated caregiver. 
9    (w) "Usable cannabis" means the seeds, leaves, buds, and 
10flowers of the cannabis plant and any mixture or preparation 
11thereof, but does not include the stalks, and roots of the 
12plant. It does not include the weight of any non-cannabis 
13ingredients combined with cannabis, such as ingredients added 
14to prepare a topical administration, food, or drink. 
15    (x) "Verification system" means a Web-based system 
16established and maintained by the Department of Public Health 
17that is available to the Department of Agriculture, the 
18Department of Financial and Professional Regulation, law 
19enforcement personnel, and registered medical cannabis 
20dispensing organization agents on a 24-hour basis for the 
21verification of registry identification cards, the tracking of 
22delivery of medical cannabis to medical cannabis dispensing 
23organizations, and the tracking of the date of sale, amount, 
24and price of medical cannabis purchased by a registered 
25qualifying patient. 
26    (y) "Written certification" means a document dated and 
 
 
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1signed by a certifying health care professional, stating (1) 
2that the qualifying patient has a debilitating medical 
3condition and specifying the debilitating medical condition 
4the qualifying patient has; and (2) that (A) the certifying 
5health care professional is treating or managing treatment of 
6the patient's debilitating medical condition; or (B) an Opioid 
7Alternative Pilot Program participant has a medical condition 
8for which opioids have been or could be prescribed. A written 
9certification shall be made only in the course of a bona fide 
10health care professional-patient relationship, after the 
11certifying health care professional has completed an 
12assessment of either a qualifying patient's medical history or 
13Opioid Alternative Pilot Program participant, reviewed 
14relevant records related to the patient's debilitating 
15condition, and conducted a physical examination.
16    (z) "Bona fide health care professional-patient 
17relationship" means a relationship established at a hospital, 
18certifying health care professional's office, or other health 
19care facility in which the certifying health care professional 
20has an ongoing responsibility for the assessment, care, and 
21treatment of a patient's debilitating medical condition or a 
22symptom of the patient's debilitating medical condition. 
23    A veteran who has received treatment at a VA hospital 
24shall be deemed to have a bona fide health care 
25professional-patient relationship with a VA certifying health 
26care professional if the patient has been seen for his or her 
 
 
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1debilitating medical condition at the VA Hospital in 
2accordance with VA Hospital protocols.
3    A bona fide health care professional-patient relationship 
4under this subsection is a privileged communication within the 
5meaning of Section 8-802 of the Code of Civil Procedure. 
6(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)

7    (410 ILCS 130/15)
8    Sec. 15. Authority. 
9    (a) It is the duty of the Department of Public Health to 
10enforce the following provisions of this Act unless otherwise 
11provided for by this Act:
12        (1) establish and maintain a confidential registry of 
13 qualifying patients authorized to engage in the medical 
14 use of cannabis and their caregivers; 
15        (2) distribute educational materials about the health 
16 benefits and risks associated with the use of cannabis and 
17 prescription medications; 
18        (3) adopt rules to administer the patient and 
19 caregiver registration program; and 
20        (4) adopt rules establishing food handling 
21 requirements for cannabis-infused products that are 
22 prepared for human consumption. 
23    (b) Through July 1, 2025, it It is the duty of the 
24Department of Agriculture to enforce the provisions of this 
25Act relating to the registration and oversight of cultivation 
 
 
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1centers unless otherwise provided for in this Act. 
2    (c) Through July 1, 2025, it It is the duty of the 
3Department of Financial and Professional Regulation to enforce 
4the provisions of this Act relating to the registration and 
5oversight of dispensing organizations unless otherwise 
6provided for in this Act. 
7    (d) Through July 1, 2025, the The Department of Public 
8Health, the Department of Agriculture, or the Department of 
9Financial and Professional Regulation shall enter into 
10intergovernmental agreements, as necessary, to carry out the 
11provisions of this Act including, but not limited to, the 
12provisions relating to the registration and oversight of 
13cultivation centers, dispensing organizations, and qualifying 
14patients and caregivers. Beginning July 1, 2025, the 
15Department of Public Health may enter into intergovernmental 
16agreements, as necessary, to carry out the provisions of this 
17Act, including, but not limited to, the provisions relating to 
18qualifying patients and caregivers.    
19    (e) The Department of Public Health, the Department of 
20Agriculture through July 1, 2025, or the Department of 
21Financial and Professional Regulation through July 1, 2025 may 
22suspend, revoke, or impose other penalties upon a registration 
23for violations of this Act and any rules adopted in accordance 
24thereto. The suspension or revocation of, or imposition of any 
25other penalty upon, a registration is a final Agency action, 
26subject to judicial review. Jurisdiction and venue for 
 
 
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1judicial review are vested in the Circuit Court. 
2(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; 
399-519, eff. 6-30-16.)

4    (410 ILCS 130/25)
5    Sec. 25. Immunities and presumptions related to the 
6medical use of cannabis. 
7    (a) A registered qualifying patient is not subject to 
8arrest, prosecution, or denial of any right or privilege, 
9including, but not limited to, civil penalty or disciplinary 
10action by an occupational or professional licensing board, for 
11the medical use of cannabis in accordance with this Act, if the 
12registered qualifying patient possesses an amount of cannabis 
13that does not exceed an adequate medical supply as defined in 
14subsection (a) of Section 10 of this Act of usable cannabis 
15and, where the registered qualifying patient is a licensed 
16professional, the use of cannabis does not impair that 
17licensed professional when he or she is engaged in the 
18practice of the profession for which he or she is licensed. 
19    (b) A registered designated caregiver is not subject to 
20arrest, prosecution, or denial of any right or privilege, 
21including, but not limited to, civil penalty or disciplinary 
22action by an occupational or professional licensing board, for 
23acting in accordance with this Act to assist a registered 
24qualifying patient to whom he or she is connected through the 
25Department's registration process with the medical use of 
 
 
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1cannabis if the designated caregiver possesses an amount of 
2cannabis that does not exceed an adequate medical supply as 
3defined in subsection (a) of Section 10 of this Act of usable 
4cannabis. A school nurse or school administrator is not 
5subject to arrest, prosecution, or denial of any right or 
6privilege, including, but not limited to, a civil penalty, for 
7acting in accordance with Section 22-33 of the School Code 
8relating to administering or assisting a student in 
9self-administering a medical cannabis infused product. The 
10total amount possessed between the qualifying patient and 
11caregiver shall not exceed the patient's adequate supply as 
12defined in subsection (a) of Section 10 of this Act.
13    (c) A registered qualifying patient or registered 
14designated caregiver is not subject to arrest, prosecution, or 
15denial of any right or privilege, including, but not limited 
16to, civil penalty or disciplinary action by an occupational or 
17professional licensing board for possession of cannabis that 
18is incidental to medical use, but is not usable cannabis as 
19defined in this Act. 
20    (d)(1) There is a rebuttable presumption that a registered 
21qualifying patient is engaged in, or a designated caregiver is 
22assisting with, the medical use of cannabis in accordance with 
23this Act if the qualifying patient or designated caregiver:
24        (A) is in possession of a valid registry 
25 identification card; and
26        (B) is in possession of an amount of cannabis that 
 
 
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1 does not exceed the amount allowed under subsection (a) of 
2 Section 10.
3    (2) The presumption may be rebutted by evidence that 
4conduct related to cannabis was not for the purpose of 
5treating or alleviating the qualifying patient's debilitating 
6medical condition or symptoms associated with the debilitating 
7medical condition in compliance with this Act. 
8    (e) A certifying health care professional is not subject 
9to arrest, prosecution, or penalty in any manner, or denial of 
10any right or privilege, including, but not limited to, civil 
11penalty or disciplinary action by the Medical Disciplinary 
12Board or by any other occupational or professional licensing 
13board, solely for providing written certifications or for 
14otherwise stating that, in the certifying health care 
15professional's professional opinion, a patient is likely to 
16receive therapeutic or palliative benefit from the medical use 
17of cannabis to treat or alleviate the patient's debilitating 
18medical condition or symptoms associated with the debilitating 
19medical condition, provided that nothing shall prevent a 
20professional licensing or disciplinary board from sanctioning 
21a certifying health care professional for: (1) issuing a 
22written certification to a patient who is not under the 
23certifying health care professional's care for a debilitating 
24medical condition; or (2) failing to properly evaluate a 
25patient's medical condition or otherwise violating the 
26standard of care for evaluating medical conditions. 
 
 
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1    (f) No person may be subject to arrest, prosecution, or 
2denial of any right or privilege, including, but not limited 
3to, civil penalty or disciplinary action by an occupational or 
4professional licensing board, solely for: (1) selling cannabis 
5paraphernalia to a cardholder upon presentation of an 
6unexpired registry identification card in the recipient's 
7name, if employed and registered as a dispensing agent by a 
8registered dispensing organization; (2) being in the presence 
9or vicinity of the medical use of cannabis as allowed under 
10this Act; or (3) assisting a registered qualifying patient 
11with the act of administering cannabis. 
12    (g) A registered cultivation center is not subject to 
13prosecution; search or inspection, except by the Department of 
14Agriculture, Department of Public Health, or State or local 
15law enforcement under Section 130; seizure; or penalty in any 
16manner, or denial of any right or privilege, including, but 
17not limited to, civil penalty or disciplinary action by a 
18business licensing board or entity, for acting under this Act 
19and Department of Agriculture rules to: acquire, possess, 
20cultivate, manufacture, deliver, transfer, transport, supply, 
21or sell cannabis to registered dispensing organizations. This 
22subsection does not apply to events occurring on and after 
23July 1, 2025; however, the authority granted in this 
24subsection remains in force and effect for events occurring on 
25or before June 30, 2025.    
26    (h) A registered cultivation center agent is not subject 
 
 
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1to prosecution, search, or penalty in any manner, or denial of 
2any right or privilege, including, but not limited to, civil 
3penalty or disciplinary action by a business licensing board 
4or entity, for working or volunteering for a registered 
5cannabis cultivation center under this Act and Department of 
6Agriculture rules, including to perform the actions listed 
7under subsection (g). This subsection does not apply to events 
8occurring on and after July 1, 2025; however, the authority 
9granted in this subsection remains in force and effect for 
10events occurring on or before June 30, 2025.    
11    (i) A registered dispensing organization is not subject to 
12prosecution; search or inspection, except by the Department of 
13Financial and Professional Regulation or State or local law 
14enforcement pursuant to Section 130; seizure; or penalty in 
15any manner, or denial of any right or privilege, including, 
16but not limited to, civil penalty or disciplinary action by a 
17business licensing board or entity, for acting under this Act 
18and Department of Financial and Professional Regulation rules 
19to: acquire, possess, or dispense cannabis, or related 
20supplies, and educational materials to registered qualifying 
21patients or registered designated caregivers on behalf of 
22registered qualifying patients. This subsection does not apply 
23to events occurring on and after July 1, 2025; however, the 
24authority granted in this subsection remains in force and 
25effect for events occurring on or before June 30, 2025.    
26    (j) A registered dispensing organization agent is not 
 
 
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1subject to prosecution, search, or penalty in any manner, or 
2denial of any right or privilege, including, but not limited 
3to, civil penalty or disciplinary action by a business 
4licensing board or entity, for working or volunteering for a 
5dispensing organization under this Act and Department of 
6Financial and Professional Regulation rules, including to 
7perform the actions listed under subsection (i). This 
8subsection does not apply to events occurring on and after 
9July 1, 2025; however, the authority granted in this 
10subsection remains in force and effect for events occurring on 
11or before June 30, 2025.    
12    (k) Any cannabis, cannabis paraphernalia, illegal 
13property, or interest in legal property that is possessed, 
14owned, or used in connection with the medical use of cannabis 
15as allowed under this Act, or acts incidental to that use, may 
16not be seized or forfeited. This Act does not prevent the 
17seizure or forfeiture of cannabis exceeding the amounts 
18allowed under this Act or the Cannabis Regulation and Tax Act, 
19nor shall it prevent seizure or forfeiture if the basis for the 
20action is unrelated to the cannabis that is possessed, 
21manufactured, transferred, or used under this Act or the 
22Cannabis Regulation and Tax Act. 
23    (l) Mere possession of, or application for, a registry 
24identification card or registration certificate does not 
25constitute probable cause or reasonable suspicion, nor shall 
26it be used as the sole basis to support the search of the 
 
 
HB3682- 55 -LRB104 09747 BDA 19813 b


1person, property, or home of the person possessing or applying 
2for the registry identification card. The possession of, or 
3application for, a registry identification card does not 
4preclude the existence of probable cause if probable cause 
5exists on other grounds. 
6    (m) Nothing in this Act shall preclude local or State law 
7enforcement agencies from searching a registered cultivation 
8center where there is probable cause to believe that the 
9criminal laws of this State have been violated and the search 
10is conducted in conformity with the Illinois Constitution, the 
11Constitution of the United States, and all State statutes. 
12    (n) Nothing in this Act shall preclude local or State law 
13enforcement agencies from searching a registered dispensing 
14organization where there is probable cause to believe that the 
15criminal laws of this State have been violated and the search 
16is conducted in conformity with the Illinois Constitution, the 
17Constitution of the United States, and all State statutes. 
18    (o) No individual employed by the State of Illinois shall 
19be subject to criminal or civil penalties for taking any 
20action in accordance with the provisions of this Act, when the 
21actions are within the scope of his or her employment. 
22Representation and indemnification of State employees shall be 
23provided to State employees as set forth in Section 2 of the 
24State Employee Indemnification Act. 
25    (p) No law enforcement or correctional agency, nor any 
26individual employed by a law enforcement or correctional 
 
 
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1agency, shall be subject to criminal or civil liability, 
2except for willful and wanton misconduct, as a result of 
3taking any action within the scope of the official duties of 
4the agency or individual to prohibit or prevent the possession 
5or use of cannabis by a cardholder incarcerated at a 
6correctional facility, jail, or municipal lockup facility, on 
7parole or mandatory supervised release, or otherwise under the 
8lawful jurisdiction of the agency or individual. 
9(Source: P.A. 101-363, eff. 8-19-19; 101-370, eff. 1-1-20; 
10102-558, eff. 8-20-21.)

11    (410 ILCS 130/30)
12    Sec. 30. Limitations and penalties. 
13    (a) This Act does not permit any person to engage in, and 
14does not prevent the imposition of any civil, criminal, or 
15other penalties for engaging in, the following conduct: 
16        (1) Undertaking any task under the influence of 
17 cannabis, when doing so would constitute negligence, 
18 professional malpractice, or professional misconduct; 
19        (2) Possessing cannabis: 
20            (A) except as provided under Section 22-33 of the 
21 School Code, in a school bus; 
22            (B) except as provided under Section 22-33 of the 
23 School Code, on the grounds of any preschool or 
24 primary or secondary school; 
25            (C) in any correctional facility;
 
 
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1            (D) in a vehicle under Section 11-502.1 of the 
2 Illinois Vehicle Code; 
3            (E) in a vehicle not open to the public unless the 
4 medical cannabis is in a reasonably secured, sealed 
5 container and reasonably inaccessible while the 
6 vehicle is moving; or 
7            (F) in a private residence that is used at any time 
8 to provide licensed child care or other similar social 
9 service care on the premises;
10        (3) Using cannabis: 
11            (A) except as provided under Section 22-33 of the 
12 School Code, in a school bus; 
13            (B) except as provided under Section 22-33 of the 
14 School Code, on the grounds of any preschool or 
15 primary or secondary school; 
16            (C) in any correctional facility; 
17            (D) in any motor vehicle; 
18            (E) in a private residence that is used at any time 
19 to provide licensed child care or other similar social 
20 service care on the premises;
21            (F) except as provided under Section 22-33 of the 
22 School Code and Section 31 of this Act, in any public 
23 place. "Public place" as used in this subsection means 
24 any place where an individual could reasonably be 
25 expected to be observed by others. A "public place" 
26 includes all parts of buildings owned in whole or in 
 
 
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1 part, or leased, by the State or a local unit of 
2 government. A "public place" does not include a 
3 private residence unless the private residence is used 
4 to provide licensed child care, foster care, or other 
5 similar social service care on the premises. For 
6 purposes of this subsection, a "public place" does not 
7 include a health care facility. For purposes of this 
8 Section, a "health care facility" includes, but is not 
9 limited to, hospitals, nursing homes, hospice care 
10 centers, and long-term care facilities; 
11            (G) except as provided under Section 22-33 of the 
12 School Code and Section 31 of this Act, knowingly in 
13 close physical proximity to anyone under the age of 18 
14 years of age; 
15        (4) Smoking medical cannabis in any public place where 
16 an individual could reasonably be expected to be observed 
17 by others, in a health care facility, or any other place 
18 where smoking is prohibited under the Smoke Free Illinois 
19 Act; 
20        (5) Operating, navigating, or being in actual physical 
21 control of any motor vehicle, aircraft, or motorboat while 
22 using or under the influence of cannabis in violation of 
23 Sections 11-501 and 11-502.1 of the Illinois Vehicle Code; 
24        (6) Using or possessing cannabis if that person does 
25 not have a debilitating medical condition and is not a 
26 registered qualifying patient or caregiver; 
 
 
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1        (7) Allowing any person who is not allowed to use 
2 cannabis under this Act to use cannabis that a cardholder 
3 is allowed to possess under this Act; 
4        (8) Transferring cannabis to any person contrary to 
5 the provisions of this Act; 
6        (9) The use of medical cannabis by an active duty law 
7 enforcement officer, correctional officer, correctional 
8 probation officer, or firefighter; or
9        (10) The use of medical cannabis by a person who has a 
10 school bus permit or a Commercial Driver's License. 
11    (b) Nothing in this Act shall be construed to prevent the 
12arrest or prosecution of a registered qualifying patient for 
13reckless driving or driving under the influence of cannabis 
14where probable cause exists. 
15    (c) Notwithstanding any other criminal penalties related 
16to the unlawful possession of cannabis, knowingly making a 
17misrepresentation to a law enforcement official of any fact or 
18circumstance relating to the medical use of cannabis to avoid 
19arrest or prosecution is a petty offense punishable by a fine 
20of up to $1,000, which shall be in addition to any other 
21penalties that may apply for making a false statement or for 
22the use of cannabis other than use undertaken under this Act. 
23    (d) Notwithstanding any other criminal penalties related 
24to the unlawful possession of cannabis, any person who makes a 
25misrepresentation of a medical condition to a certifying 
26health care professional or fraudulently provides material 
 
 
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1misinformation to a certifying health care professional in 
2order to obtain a written certification is guilty of a petty 
3offense punishable by a fine of up to $1,000. 
4    (e) Any registered qualifying patient, provisional 
5patient, cardholder or designated registered caregiver who 
6sells cannabis shall have his or her registry identification 
7card revoked and is subject to other penalties for the 
8unauthorized sale of cannabis. 
9    (f) Any registered qualifying patient or provisional 
10patient who commits a violation of Section 11-502.1 of the 
11Illinois Vehicle Code or refuses a properly requested test 
12related to operating a motor vehicle while under the influence 
13of cannabis shall have his or her registry identification card 
14revoked. 
15    (g) No registered qualifying patient, provisional patient,    
16or designated caregiver shall knowingly obtain, seek to 
17obtain, or possess, individually or collectively, an amount of 
18usable cannabis from a registered medical cannabis dispensing 
19organization that would cause him or her to exceed the 
20authorized adequate medical supply under subsection (a) of 
21Section 10. 
22    (h) Nothing in this Act shall prevent a private business 
23from restricting or prohibiting the medical use of cannabis on 
24its property. 
25    (i) Nothing in this Act shall prevent a university, 
26college, or other institution of post-secondary education from 
 
 
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1restricting or prohibiting the use of medical cannabis on its 
2property. 
3(Source: P.A. 101-363, eff. 8-9-19; 102-67, eff. 7-9-21.)

4    (410 ILCS 130/35)
5    Sec. 35. Certifying health care professional requirements. 
6    (a) A certifying health care professional who certifies a 
7debilitating medical condition for a qualifying patient shall 
8comply with all of the following requirements: 
9        (1) The certifying health care professional shall be 
10 currently licensed under the Medical Practice Act of 1987 
11 to practice medicine in all its branches, the Nurse 
12 Practice Act, or the Physician Assistant Practice Act of 
13 1987, shall be in good standing, and must hold a 
14 controlled substances license under Article III of the 
15 Illinois Controlled Substances Act. 
16        (2) A certifying health care professional certifying a 
17 patient's condition shall comply with generally accepted 
18 standards of medical practice, the provisions of the Act 
19 under which he or she is licensed and all applicable 
20 rules. 
21        (3) The physical examination required by this Act may 
22 not be performed by remote means, including telemedicine. 
23        (4) The certifying health care professional shall 
24 maintain a record-keeping system for all patients for whom 
25 the certifying health care professional has certified the 
 
 
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1 patient's medical condition. These records shall be 
2 accessible to and subject to review by the Department of 
3 Public Health and the Department of Financial and 
4 Professional Regulation upon request. 
5    (b) A certifying health care professional may not: 
6        (1) accept, solicit, or offer any form of remuneration 
7 from or to a qualifying patient, provisional patient, 
8 designated primary caregiver, cultivation center, or 
9 dispensing organization, including each principal officer, 
10 board member, agent, and employee, to certify a patient, 
11 other than accepting payment from a patient for the fee 
12 associated with the required examination, except for the 
13 limited purpose of performing a medical cannabis-related 
14 research study;
15        (1.5) accept, solicit, or offer any form of 
16 remuneration from or to a medical cannabis cultivation 
17 center or dispensary organization for the purposes of 
18 referring a patient to a specific dispensary organization; 
19        (1.10) engage in any activity that is prohibited under 
20 Section 22.2 of the Medical Practice Act of 1987, 
21 regardless of whether the certifying health care 
22 professional is a physician, advanced practice registered 
23 nurse, or physician assistant; 
24        (2) offer a discount of any other item of value to a 
25 qualifying patient or provisional patient who uses or 
26 agrees to use a particular designated primary caregiver or 
 
 
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1 dispensing organization to obtain medical cannabis; 
2        (3) conduct a personal physical examination of a 
3 patient for purposes of diagnosing a debilitating medical 
4 condition at a location where medical cannabis is sold or 
5 distributed or at the address of a principal officer, 
6 agent, or employee or a medical cannabis organization; 
7        (4) hold a direct or indirect economic interest in a 
8 cultivation center or dispensing organization if he or she 
9 recommends the use of medical cannabis to qualified 
10 patients or is in a partnership or other fee or 
11 profit-sharing relationship with a certifying health care 
12 professional who recommends medical cannabis, except for 
13 the limited purpose of performing a medical 
14 cannabis-related research study; 
15        (5) serve on the board of directors or as an employee 
16 of a cultivation center or dispensing organization; 
17        (6) refer patients to a cultivation center, a 
18 dispensing organization, or a registered designated 
19 caregiver; or
20        (7) advertise in a cultivation center or a dispensing 
21 organization. 
22    (c) The Department of Public Health may with reasonable 
23cause refer a certifying health care professional, who has 
24certified a debilitating medical condition of a patient, to 
25the Illinois Department of Financial and Professional 
26Regulation for potential violations of this Section. 
 
 
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1    (d) Any violation of this Section or any other provision 
2of this Act or rules adopted under this Act is a violation of 
3the certifying health care professional's licensure act. 
4    (e) A certifying health care professional who certifies a 
5debilitating medical condition for a qualifying patient may 
6notify the Department of Public Health in writing: (1) if the 
7certifying health care professional has reason to believe 
8either that the registered qualifying patient has ceased to 
9suffer from a debilitating medical condition; (2) that the 
10bona fide health care professional-patient relationship has 
11terminated; or (3) that continued use of medical cannabis 
12would result in contraindication with the patient's other 
13medication. The registered qualifying patient's registry 
14identification card shall be revoked by the Department of 
15Public Health after receiving the certifying health care 
16professional's notification. 
17    (f) Nothing in this Act shall preclude a certifying health 
18care professional from referring a patient for health 
19services, except when the referral is limited to certification 
20purposes only, under this Act. 
21(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)

22    (410 ILCS 130/57)
23    Sec. 57. Designated Caregivers Qualifying patients.     
24    (a) Qualifying patients or provisional patients that are 
25under the age of 18 years shall not be prohibited from 
 
 
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1appointing up to 3 designated caregivers who meet the 
2definition of "designated caregiver" under Section 10 so long 
3as at least one designated caregiver is a biological parent or 
4legal guardian.
5    (b) Qualifying patients and provisional patients that are 
618 years of age or older shall not be prohibited from 
7appointing up to 3 designated caregivers who meet the 
8definition of "designated caregiver" under Section 10. 
9    (c) Beginning July 1, 2025, designated caregivers, 
10qualifying patients, or provisional patients registered under 
11this Act may purchase an adequate medical supply at any 
12dispensing organization licensed by the Department of 
13Financial and Professional Regulation under the Cannabis 
14Regulation and Tax Act.    
15(Source: P.A. 101-363, eff. 8-9-19.)

16    (410 ILCS 130/60)
17    Sec. 60. Issuance of registry identification cards. 
18    (a) Except as provided in subsection (b), the Department 
19of Public Health shall: 
20        (1) verify the information contained in an application 
21 or renewal for a registry identification card submitted 
22 under this Act, and approve or deny an application or 
23 renewal, within 90 days of receiving a completed 
24 application or renewal application and all supporting 
25 documentation specified in Section 55; 
 
 
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1        (2) issue registry identification cards to a 
2 qualifying patient and his or her designated caregiver, if 
3 any, within 15 business days of approving the application 
4 or renewal; and    
5        (3) enter the registry identification number of the 
6 registered dispensing organization the patient designates 
7 into the verification system; and    
8        (3) (4) allow for an electronic application process, 
9 and provide a confirmation by electronic or other methods 
10 that an application has been submitted. 
11    Notwithstanding any other provision of this Act, the 
12Department of Public Health shall adopt rules for qualifying 
13patients and applicants with life-long debilitating medical 
14conditions, who may be charged annual renewal fees. The 
15Department of Public Health shall not require patients and 
16applicants with life-long debilitating medical conditions to 
17apply to renew registry identification cards. 
18    (b) The Department of Public Health may not issue a 
19registry identification card to a qualifying patient who is 
20under 18 years of age, unless that patient suffers from 
21seizures, including those characteristic of epilepsy, or as 
22provided by administrative rule. The Department of Public 
23Health shall adopt rules for the issuance of a registry 
24identification card for qualifying patients who are under 18 
25years of age and suffering from seizures, including those 
26characteristic of epilepsy. The Department of Public Health 
 
 
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1may adopt rules to allow other individuals under 18 years of 
2age to become registered qualifying patients under this Act 
3with the consent of a parent or legal guardian. Registered 
4qualifying patients under 18 years of age shall be prohibited 
5from consuming forms of cannabis other than medical cannabis 
6infused products and purchasing any usable cannabis. 
7    (c) A veteran who has received treatment at a VA hospital 
8is deemed to have a bona fide health care professional-patient 
9relationship with a VA certifying health care professional if 
10the patient has been seen for his or her debilitating medical 
11condition at the VA hospital in accordance with VA hospital 
12protocols. All reasonable inferences regarding the existence 
13of a bona fide health care professional-patient relationship 
14shall be drawn in favor of an applicant who is a veteran and 
15has undergone treatment at a VA hospital. 
16    (c-10) An individual who submits an application as someone 
17who is terminally ill shall have all fees waived. The 
18Department of Public Health shall within 30 days after this 
19amendatory Act of the 99th General Assembly adopt emergency 
20rules to expedite approval for terminally ill individuals. 
21These rules shall include, but not be limited to, rules that 
22provide that applications by individuals with terminal 
23illnesses shall be approved or denied within 14 days of their 
24submission. 
25    (d) No later than 6 months after the effective date of this 
26amendatory Act of the 101st General Assembly, the Secretary of 
 
 
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1State shall remove all existing notations on driving records 
2that the person is a registered qualifying patient or his or 
3her caregiver under this Act. 
4    (e) Upon the approval of the registration and issuance of 
5a registry card under this Section, the Department of Public 
6Health shall electronically forward the registered qualifying 
7patient's identification card information to the Prescription 
8Monitoring Program established under the Illinois Controlled 
9Substances Act and certify that the individual is permitted to 
10engage in the medical use of cannabis. For the purposes of 
11patient care, the Prescription Monitoring Program shall make a 
12notation on the person's prescription record stating that the 
13person is a registered qualifying patient who is entitled to 
14the lawful medical use of cannabis. If the person no longer 
15holds a valid registry card, the Department of Public Health 
16shall notify the Prescription Monitoring Program and 
17Department of Human Services to remove the notation from the 
18person's record. The Department of Human Services and the 
19Prescription Monitoring Program shall establish a system by 
20which the information may be shared electronically. This 
21confidential list may not be combined or linked in any manner 
22with any other list or database except as provided in this 
23Section. 
24    (f) (Blank). 
25(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19; 
26101-593, eff. 12-4-19.)

 
 
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1    (410 ILCS 130/70)
2    Sec. 70. Registry identification cards. 
3    (a) A registered qualifying patient or designated 
4caregiver must keep their registry identification card in his 
5or her possession at all times when engaging in the medical use 
6of cannabis.
7    (b) Registry identification cards shall contain the 
8following: 
9        (1) the name of the cardholder; 
10        (2) a designation of whether the cardholder is a 
11 designated caregiver or qualifying patient; 
12        (3) the date of issuance and expiration date of the 
13 registry identification card; 
14        (4) a random alphanumeric identification number that 
15 is unique to the cardholder; 
16        (5) if the cardholder is a designated caregiver, the 
17 random alphanumeric identification number of the 
18 registered qualifying patient the designated caregiver is 
19 receiving the registry identification card to assist; and 
20        (6) a photograph of the cardholder, if required by 
21 Department of Public Health rules. 
22    (c) To maintain a valid registration identification card, 
23a registered qualifying patient and designated caregiver must 
24annually resubmit, at least 45 days prior to the expiration 
25date stated on the registry identification card, a completed 
 
 
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1renewal application, renewal fee, and accompanying 
2documentation as described in Department of Public Health 
3rules. The Department of Public Health shall send a 
4notification to a registered qualifying patient or registered 
5designated caregiver 90 days prior to the expiration of the 
6registered qualifying patient's or registered designated 
7caregiver's identification card. If the Department of Public 
8Health fails to grant or deny a renewal application received 
9in accordance with this Section, then the renewal is deemed 
10granted and the registered qualifying patient or registered 
11designated caregiver may continue to use the expired 
12identification card until the Department of Public Health 
13denies the renewal or issues a new identification card. 
14    (d) Except as otherwise provided in this Section, the 
15expiration date is 3 years after the date of issuance. 
16    (e) The Department of Public Health may electronically 
17store in the card any or all of the information listed in 
18subsection (b), along with the address and date of birth of the 
19cardholder and the qualifying patient's designated dispensary 
20organization, to allow it to be read by law enforcement 
21agents. 
22(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)

23    (410 ILCS 130/75)
24    Sec. 75. Notifications to Department of Public Health and 
25responses; civil penalty. 
 
 
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1    (a) The following notifications and Department of Public 
2Health responses are required: 
3        (1) A registered qualifying patient shall notify the 
4 Department of Public Health of any change in his or her 
5 name or address, or if the registered qualifying patient 
6 ceases to have his or her debilitating medical condition, 
7 within 10 days of the change. 
8        (2) A registered designated caregiver shall notify the 
9 Department of Public Health of any change in his or her 
10 name or address, or if the designated caregiver becomes 
11 aware the registered qualifying patient passed away, 
12 within 10 days of the change. 
13        (3) Before a registered qualifying patient changes his 
14 or her designated caregiver, the qualifying patient must 
15 notify the Department of Public Health. 
16        (4) If a cardholder loses his or her registry 
17 identification card, he or she shall notify the Department 
18 within 10 days of becoming aware the card has been lost. 
19    (b) When a cardholder notifies the Department of Public 
20Health of items listed in subsection (a), but remains eligible 
21under this Act, the Department of Public Health shall issue 
22the cardholder a new registry identification card with a new 
23random alphanumeric identification number within 15 business 
24days of receiving the updated information and a fee as 
25specified in Department of Public Health rules. If the person 
26notifying the Department of Public Health is a registered 
 
 
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1qualifying patient, the Department shall also issue his or her 
2registered designated caregiver, if any, a new registry 
3identification card within 15 business days of receiving the 
4updated information. 
5    (c) If a registered qualifying patient ceases to be a 
6registered qualifying patient or changes his or her registered 
7designated caregiver, the Department of Public Health shall 
8promptly notify the designated caregiver. The registered 
9designated caregiver's protections under this Act as to that 
10qualifying patient shall expire 15 days after notification by 
11the Department. 
12    (d) A cardholder who fails to make a notification to the 
13Department of Public Health that is required by this Section 
14is subject to a civil infraction, punishable by a penalty of no 
15more than $150. 
16    (e) (Blank). A registered qualifying patient shall notify 
17the Department of Public Health of any change to his or her 
18designated registered dispensing organization. The Department 
19of Public Health shall provide for immediate changes of a 
20registered qualifying patient's designated registered 
21dispensing organization. Registered dispensing organizations 
22must comply with all requirements of this Act.    
23    (f) If the registered qualifying patient's certifying 
24health care professional notifies the Department in writing 
25that either the registered qualifying patient has ceased to 
26suffer from a debilitating medical condition, that the bona 
 
 
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1fide health care professional-patient relationship has 
2terminated, or that continued use of medical cannabis would 
3result in contraindication with the patient's other 
4medication, the card shall become null and void. However, the 
5registered qualifying patient shall have 15 days to destroy 
6his or her remaining medical cannabis and related 
7paraphernalia. 
8(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)

9    (410 ILCS 130/85)
10    Sec. 85. Issuance and denial of medical cannabis 
11cultivation permit. 
12    (a) The Department of Agriculture may register up to 22 
13cultivation center registrations for operation. The Department 
14of Agriculture may not issue more than one registration per 
15each Illinois State Police District boundary as specified on 
16the date of January 1, 2013. The Department of Agriculture may 
17not issue less than the 22 registrations if there are 
18qualified applicants who have applied with the Department. 
19    (b) The registrations shall be issued and renewed annually 
20as determined by administrative rule. 
21    (c) The Department of Agriculture shall determine a 
22registration fee by rule. 
23    (d) A cultivation center may only operate if it has been 
24issued a valid registration from the Department of 
25Agriculture. When applying for a cultivation center 
 
 
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1registration, the applicant shall submit the following in 
2accordance with Department of Agriculture rules: 
3        (1) the proposed legal name of the cultivation center; 
4        (2) the proposed physical address of the cultivation 
5 center and description of the enclosed, locked facility as 
6 it applies to cultivation centers where medical cannabis 
7 will be grown, harvested, manufactured, packaged, or 
8 otherwise prepared for distribution to a dispensing 
9 organization; 
10        (3) the name, address, and date of birth of each 
11 principal officer and board member of the cultivation 
12 center, provided that all those individuals shall be at 
13 least 21 years of age; 
14        (4) any instance in which a business that any of the 
15 prospective board members of the cultivation center had 
16 managed or served on the board of the business and was 
17 convicted, fined, censured, or had a registration or 
18 license suspended or revoked in any administrative or 
19 judicial proceeding; 
20        (5) cultivation, inventory, and packaging plans; 
21        (6) proposed operating by-laws that include procedures 
22 for the oversight of the cultivation center, development 
23 and implementation of a plant monitoring system, medical 
24 cannabis container tracking system, accurate record 
25 keeping, staffing plan, and security plan reviewed by the 
26 Illinois State Police that are in accordance with the 
 
 
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1 rules issued by the Department of Agriculture under this 
2 Act. A physical inventory shall be performed of all plants 
3 and medical cannabis containers on a weekly basis; 
4        (7) experience with agricultural cultivation 
5 techniques and industry standards; 
6        (8) any academic degrees, certifications, or relevant 
7 experience with related businesses; 
8        (9) the identity of every person, association, trust, 
9 or corporation having any direct or indirect pecuniary 
10 interest in the cultivation center operation with respect 
11 to which the registration is sought. If the disclosed 
12 entity is a trust, the application shall disclose the 
13 names and addresses of the beneficiaries; if a 
14 corporation, the names and addresses of all stockholders 
15 and directors; if a partnership, the names and addresses 
16 of all partners, both general and limited; 
17        (10) verification from the Illinois State Police that 
18 all background checks of the principal officer, board 
19 members, and registered agents have been conducted and 
20 those individuals have not been convicted of an excluded 
21 offense; 
22        (11) provide a copy of the current local zoning 
23 ordinance to the Department of Agriculture and verify that 
24 proposed cultivation center is in compliance with the 
25 local zoning rules issued in accordance with Section 140; 
26        (12) an application fee set by the Department of 
 
 
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1 Agriculture by rule; and 
2        (13) any other information required by Department of 
3 Agriculture rules, including, but not limited to a 
4 cultivation center applicant's experience with the 
5 cultivation of agricultural or horticultural products, 
6 operating an agriculturally related business, or operating 
7 a horticultural business. 
8    (e) An application for a cultivation center permit must be 
9denied if any of the following conditions are met: 
10        (1) the applicant failed to submit the materials 
11 required by this Section, including if the applicant's 
12 plans do not satisfy the security, oversight, inventory, 
13 or recordkeeping rules issued by the Department of 
14 Agriculture; 
15        (2) the applicant would not be in compliance with 
16 local zoning rules issued in accordance with Section 140; 
17        (3) (blank); one or more of the prospective principal 
18 officers or board members has been convicted of an 
19 excluded offense;    
20        (4) one or more of the prospective principal officers 
21 or board members has served as a principal officer or 
22 board member for a registered dispensing organization or 
23 cultivation center that has had its registration revoked; 
24 or    
25        (5) one or more of the principal officers or board 
26 members is under 21 years of age; 
 
 
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1        (6) (blank); a principal officer or board member of 
2 the cultivation center has been convicted of a felony 
3 under the laws of this State, any other state, or the 
4 United States;    
5        (7) (blank); or a principal officer or board member of 
6 the cultivation center has been convicted of any violation 
7 of Article 28 of the Criminal Code of 2012, or 
8 substantially similar laws of any other jurisdiction; or    
9        (8) the person has submitted an application for a 
10 certificate under this Act which contains false 
11 information. 
12    (f) Beginning July 1, 2025, the Department shall cease to 
13issue or renew any medical cannabis cultivation permit. 
14Licenses that hold dual medical cannabis cultivation permits 
15and Adult use cultivation center licenses may continue all 
16operations with a valid cultivation center license issued 
17under the Cannabis Regulation and Tax Act.
18    (g) This section shall be repealed on January 1, 2026.    
19(Source: P.A. 102-538, eff. 8-20-21.)

20    (410 ILCS 130/90)
21    Sec. 90. Renewal of cultivation center registrations. 
22    (a) Registrations shall be renewed annually. The 
23registered cultivation center shall receive written notice 90 
24days prior to the expiration of its current registration that 
25the registration will expire. The Department of Agriculture 
 
 
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1shall grant a renewal application within 45 days of its 
2submission if the following conditions are satisfied: 
3        (1) the registered cultivation center submits a 
4 renewal application and the required renewal fee 
5 established by the Department of Agriculture by rule; and 
6        (2) the Department of Agriculture has not suspended 
7 the registration of the cultivation center or suspended or 
8 revoked the registration for violation of this Act or 
9 rules adopted under this Act. 
10    (b) Beginning July 1, 2025, all cultivation center permits 
11issued under Section 85 shall be renewed in accordance with 
12Section 20-45 of the Cannabis Regulation and Tax Act and shall 
13be subject to the requirements and prohibitions of the 
14Cannabis Regulation and Tax Act.    
15    (c) This section shall be repealed on January 1, 2026.    
16(Source: P.A. 98-122, eff. 1-1-14.)

17    (410 ILCS 130/95)
18    Sec. 95. Background checks. 
19    (a) The Department of Agriculture through the Illinois 
20State Police shall conduct a background check of the 
21prospective cultivation center agents. The Illinois State 
22Police shall charge a fee for conducting the criminal history 
23record check, which shall be deposited in the State Police 
24Services Fund and shall not exceed the actual cost of the 
25record check. In order to carry out this provision, each 
 
 
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1person applying as a cultivation center agent shall submit a 
2full set of fingerprints to the Illinois State Police for the 
3purpose of obtaining a State and federal criminal records 
4check. These fingerprints shall be checked against the 
5fingerprint records now and hereafter, to the extent allowed 
6by law, filed in the Illinois State Police and Federal Bureau 
7of Investigation criminal history records databases. The 
8Illinois State Police shall furnish, following positive 
9identification, all Illinois conviction information to the 
10Department of Agriculture. 
11    (b) When applying for the initial permit, the background 
12checks for the principal officer, board members, and 
13registered agents shall be completed prior to submitting the 
14application to the Department of Agriculture. 
15    (c) This Section shall be repealed on January 1, 2026.    
16(Source: P.A. 102-538, eff. 8-20-21.)

17    (410 ILCS 130/100)
18    Sec. 100. Cultivation center agent identification card. 
19    (a) The Department of Agriculture shall: 
20        (1) verify the information contained in an application 
21 or renewal for a cultivation center identification card 
22 submitted under this Act, and approve or deny an 
23 application or renewal, within 30 days of receiving a 
24 completed application or renewal application and all 
25 supporting documentation required by rule; 
 
 
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1        (2) issue a cultivation center agent identification 
2 card to a qualifying agent within 15 business days of 
3 approving the application or renewal; 
4        (3) enter the registry identification number of the 
5 cultivation center where the agent works; and 
6        (4) allow for an electronic application process, and 
7 provide a confirmation by electronic or other methods that 
8 an application has been submitted. 
9    (b) A cultivation center agent must keep his or her 
10identification card visible at all times when on the property 
11of a cultivation center and during the transportation of 
12medical cannabis to a registered dispensary organization. 
13    (c) The cultivation center agent identification cards 
14shall contain the following: 
15        (1) the name of the cardholder; 
16        (2) the date of issuance and expiration date of 
17 cultivation center agent identification cards; 
18        (3) a random 10-digit alphanumeric identification 
19 number containing at least 4 numbers and at least 4 
20 letters that is unique to the holder; and 
21        (4) a photograph of the cardholder. 
22    (d) The cultivation center agent identification cards 
23shall be immediately returned to the cultivation center upon 
24termination of employment. 
25    (e) Any card lost by a cultivation center agent shall be 
26reported to the Illinois State Police and the Department of 
 
 
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1Agriculture immediately upon discovery of the loss. 
2    (f) (Blank). An applicant shall be denied a cultivation 
3center agent identification card if he or she has been 
4convicted of an excluded offense.    
5    (g) An agent applicant may begin employment at a 
6cultivation center while the agent applicant's identification 
7card application is pending. Upon approval, the Department 
8shall issue the agent's identification card to the agent. If 
9denied, the cultivation center and the agent applicant shall 
10be notified and the agent applicant must cease all activity at 
11the cultivation center immediately. 
12    (h) Beginning July 1, 2025, all cultivation center 
13identification cards and renewals shall be renewed in 
14accordance with Section 20-45 of the CRTA.
15    (i) This Section shall be repealed on January 1, 2026.    
16(Source: P.A. 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 
17102-813, eff. 5-13-22.)

18    (410 ILCS 130/105)
19    Sec. 105. Requirements; prohibitions; penalties for 
20cultivation centers. 
21    (a) The operating documents of a registered cultivation 
22center shall include procedures for the oversight of the 
23cultivation center, a cannabis plant monitoring system 
24including a physical inventory recorded weekly, a cannabis 
25container system including a physical inventory recorded 
 
 
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1weekly, accurate record keeping, and a staffing plan. 
2    (b) A registered cultivation center shall implement a 
3security plan reviewed by the Illinois State Police and 
4including but not limited to: facility access controls, 
5perimeter intrusion detection systems, personnel 
6identification systems, 24-hour surveillance system to monitor 
7the interior and exterior of the registered cultivation center 
8facility and accessible to authorized law enforcement and the 
9Department of Agriculture in real-time. 
10    (c) A registered cultivation center may not be located 
11within 2,500 feet of the property line of a pre-existing 
12public or private preschool or elementary or secondary school 
13or day care center, day care home, group day care home, part 
14day child care facility, or an area zoned for residential use. 
15    (d) All cultivation of cannabis for distribution to a 
16registered dispensing organization must take place in an 
17enclosed, locked facility as it applies to cultivation centers 
18at the physical address provided to the Department of 
19Agriculture during the registration process. The cultivation 
20center location shall only be accessed by the cultivation 
21center agents working for the registered cultivation center, 
22Department of Agriculture staff performing inspections, 
23Department of Public Health staff performing inspections, law 
24enforcement or other emergency personnel, and contractors 
25working on jobs unrelated to medical cannabis, such as 
26installing or maintaining security devices or performing 
 
 
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1electrical wiring. 
2    (e) A cultivation center may not sell or distribute any 
3cannabis to any individual or entity other than another 
4cultivation center, a dispensing organization registered under 
5this Act, or a laboratory licensed by the Department of 
6Agriculture. 
7    (f) All harvested cannabis intended for distribution to a 
8dispensing organization must be packaged in a labeled medical 
9cannabis container and entered into a data collection system. 
10    (g) (Blank). No person who has been convicted of an 
11excluded offense may be a cultivation center agent.    
12    (h) Registered cultivation centers are subject to random 
13inspection by the Illinois State Police. 
14    (i) Registered cultivation centers are subject to random 
15inspections by the Department of Agriculture and the 
16Department of Public Health. 
17    (j) A cultivation center agent shall notify local law 
18enforcement, the Illinois State Police, and the Department of 
19Agriculture within 24 hours of the discovery of any loss or 
20theft. Notification shall be made by phone or in-person, or by 
21written or electronic communication. 
22    (k) A cultivation center shall comply with all State and 
23federal rules and regulations regarding the use of pesticides. 
24    (l) This Section shall be repealed on January 1, 2026.    
25(Source: P.A. 101-363, eff. 8-9-19; 102-538, eff. 8-20-21.)

 
 
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1    (410 ILCS 130/110)
2    Sec. 110. Suspension; revocation; other penalties for 
3cultivation centers and agents. Notwithstanding any other 
4criminal penalties related to the unlawful possession of 
5cannabis, the Department of Agriculture may revoke, suspend, 
6place on probation, reprimand, issue cease and desist orders, 
7refuse to issue or renew a registration, or take any other 
8disciplinary or non-disciplinary action as the Department of 
9Agriculture may deem proper with regard to a registered 
10cultivation center or cultivation center agent, including 
11imposing fines not to exceed $50,000 for each violation, for 
12any violations of this Act and rules adopted under this Act. 
13The procedures for disciplining a registered cultivation 
14center or cultivation center agent and for administrative 
15hearings shall be determined by rule. All final administrative 
16decisions of the Department of Agriculture are subject to 
17judicial review under the Administrative Review Law and its 
18rules. The term "administrative decision" is defined as in 
19Section 3-101 of the Code of Civil Procedure. This Section 
20shall be repealed on January 1, 2026.    
21(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)

22    (410 ILCS 130/115)
23    Sec. 115. Registration of dispensing organizations. 
24    (a) The Department of Financial and Professional 
25Regulation may issue up to 60 dispensing organization 
 
 
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1registrations for operation. The Department of Financial and 
2Professional Regulation may not issue less than the 60 
3registrations if there are qualified applicants who have 
4applied with the Department of Financial and Professional 
5Regulation. The organizations shall be geographically 
6dispersed throughout the State to allow all registered 
7qualifying patients reasonable proximity and access to a 
8dispensing organization. 
9    (a-5) The Department of Financial and Professional 
10Regulation shall adopt rules to create a registration process 
11for Social Equity Justice Involved Applicants and Qualifying 
12Applicants, a streamlined application, and a Social Equity 
13Justice Involved Medical Lottery under Section 115.5 to issue 
14the remaining available 5 dispensing organization 
15registrations for operation. For purposes of this Section:
16    "Disproportionately Impacted Area" means a census tract or 
17comparable geographic area that satisfies the following 
18criteria as determined by the Department of Commerce and 
19Economic Opportunity, that: 
20        (1) meets at least one of the following criteria: 
21            (A) the area has a poverty rate of at least 20% 
22 according to the latest federal decennial census; or
23            (B) 75% or more of the children in the area 
24 participate in the federal free lunch program 
25 according to reported statistics from the State Board 
26 of Education; or
 
 
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1            (C) at least 20% of the households in the area 
2 receive assistance under the Supplemental Nutrition 
3 Assistance Program; or
4            (D) the area has an average unemployment rate, as 
5 determined by the Illinois Department of Employment 
6 Security, that is more than 120% of the national 
7 unemployment average, as determined by the United 
8 States Department of Labor, for a period of at least 2 
9 consecutive calendar years preceding the date of the 
10 application; and 
11        (2) has high rates of arrest, conviction, and 
12 incarceration related to sale, possession, use, 
13 cultivation, manufacture, or transport of cannabis. 
14    "Qualifying Applicant" means an applicant that: (i) 
15submitted an application pursuant to Section 15-30 of the 
16Cannabis Regulation and Tax Act that received at least 85% of 
17250 application points available under Section 15-30 of the 
18Cannabis Regulation and Tax Act as the applicant's final 
19score; (ii) received points at the conclusion of the scoring 
20process for meeting the definition of a "Social Equity 
21Applicant" as set forth under the Cannabis Regulation and Tax 
22Act; and (iii) is an applicant that did not receive a 
23Conditional Adult Use Dispensing Organization License through 
24a Qualifying Applicant Lottery pursuant to Section 15-35 of 
25the Cannabis Regulation and Tax Act or any Tied Applicant 
26Lottery conducted under the Cannabis Regulation and Tax Act.
 
 
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1    "Social Equity Justice Involved Applicant" means an 
2applicant that is an Illinois resident and one of the 
3following: 
4        (1) an applicant with at least 51% ownership and 
5 control by one or more individuals who have resided for at 
6 least 5 of the preceding 10 years in a Disproportionately 
7 Impacted Area; 
8        (2) an applicant with at least 51% of ownership and 
9 control by one or more individuals who have been arrested 
10 for, convicted of, or adjudicated delinquent for any 
11 offense that is eligible for expungement under subsection 
12 (i) of Section 5.2 of the Criminal Identification Act; or 
13        (3) an applicant with at least 51% ownership and 
14 control by one or more members of an impacted family.
15    (b) A dispensing organization may only operate if it has 
16been issued a registration from the Department of Financial 
17and Professional Regulation. The Department of Financial and 
18Professional Regulation shall adopt rules establishing the 
19procedures for applicants for dispensing organizations. 
20    (c) When applying for a dispensing organization 
21registration, the applicant shall submit, at a minimum, the 
22following in accordance with Department of Financial and 
23Professional Regulation rules: 
24        (1) a non-refundable application fee established by 
25 rule; 
26        (2) the proposed legal name of the dispensing 
 
 
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1 organization; 
2        (3) the proposed physical address of the dispensing 
3 organization; 
4        (4) the name, address, and date of birth of each 
5 principal officer and board member of the dispensing 
6 organization, provided that all those individuals shall be 
7 at least 21 years of age; 
8        (5) (blank); 
9        (6) (blank); and 
10        (7) (blank). 
11    (d) The Department of Financial and Professional 
12Regulation shall conduct a background check of the prospective 
13dispensing organization agents in order to carry out this 
14Section. The Department of State Police shall charge a fee for 
15conducting the criminal history record check, which shall be 
16deposited in the State Police Services Fund and shall not 
17exceed the actual cost of the record check. Each person 
18applying as a dispensing organization agent shall submit a 
19full set of fingerprints to the Department of State Police for 
20the purpose of obtaining a State and federal criminal records 
21check. These fingerprints shall be checked against the 
22fingerprint records now and hereafter, to the extent allowed 
23by law, filed in the Department of State Police and Federal 
24Bureau of Investigation criminal history records databases. 
25The Department of State Police shall furnish, following 
26positive identification, all Illinois conviction information 
 
 
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1to the Department of Financial and Professional Regulation. 
2    (e) A dispensing organization must pay a registration fee 
3set by the Department of Financial and Professional 
4Regulation. 
5    (f) An application for a medical cannabis dispensing 
6organization registration must be denied if any of the 
7following conditions are met: 
8        (1) the applicant failed to submit the materials 
9 required by this Section, including if the applicant's 
10 plans do not satisfy the security, oversight, or 
11 recordkeeping rules issued by the Department of Financial 
12 and Professional Regulation; 
13        (2) the applicant would not be in compliance with 
14 local zoning rules issued in accordance with Section 140; 
15        (3) the applicant does not meet the requirements of 
16 Section 130; 
17        (4) one or more of the prospective principal officers 
18 or board members has been convicted of an excluded 
19 offense; 
20        (5) one or more of the prospective principal officers 
21 or board members has served as a principal officer or 
22 board member for a registered medical cannabis dispensing 
23 organization that has had its registration revoked; and 
24        (6) one or more of the principal officers or board 
25 members is under 21 years of age. 
26    (g) This section shall be repealed on January 1, 2026.    
 
 
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1(Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.)

2    (410 ILCS 130/120)
3    Sec. 120. Dispensing organization agent identification 
4card. 
5    (a) The Department of Financial and Professional 
6Regulation shall: 
7        (1) verify the information contained in an application 
8 or renewal for a dispensing organization agent 
9 identification card submitted under this Act, and approve 
10 or deny an application or renewal, within 30 days of 
11 receiving a completed application or renewal application 
12 and all supporting documentation required by rule; 
13        (2) issue a dispensing organization agent 
14 identification card to a qualifying agent within 15 
15 business days of approving the application or renewal; 
16        (3) enter the registry identification number of the 
17 dispensing organization where the agent works; and 
18        (4) allow for an electronic application process, and 
19 provide a confirmation by electronic or other methods that 
20 an application has been submitted. 
21    (b) A dispensing agent must keep his or her identification 
22card visible at all times when on the property of a dispensing 
23organization. 
24    (c) The dispensing organization agent identification cards 
25shall contain the following: 
 
 
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1        (1) the name of the cardholder; 
2        (2) the date of issuance and expiration date of the 
3 dispensing organization agent identification cards; 
4        (3) a random 10 digit alphanumeric identification 
5 number containing at least 4 numbers and at least 4 
6 letters; that is unique to the holder; and 
7        (4) a photograph of the cardholder. 
8    (d) The dispensing organization agent identification cards 
9shall be immediately returned to the dispensing organization 
10upon termination of employment. 
11    (e) Any card lost by a dispensing organization agent shall 
12be reported to the Illinois State Police and the Department of 
13Financial and Professional Regulation immediately upon 
14discovery of the loss. 
15    (f) Agent renewal on and after July 1, 2025 shall be in 
16accordance with Section 15-40 of the Cannabis Regulation Tax 
17Act. An applicant shall be denied a dispensing organization 
18agent identification card if he or she has been convicted of an 
19excluded offense. 
20    (g) This section shall be repealed on January 1, 2026.    
21(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)

22    (410 ILCS 130/125)
23    Sec. 125. Medical cannabis dispensing organization 
24certification renewal. 
25    (a) The registered dispensing organization shall receive 
 
 
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1written notice 90 days prior to the expiration of its current 
2registration that the registration will expire. The Department 
3of Financial and Professional Regulation shall grant a renewal 
4application within 45 days of its submission if the following 
5conditions are satisfied: 
6        (1) the registered dispensing organization submits a 
7 renewal application and the required renewal fee 
8 established by the Department of Financial and 
9 Professional Regulation rules; and 
10        (2) the Department of Financial and Professional 
11 Regulation has not suspended the registered dispensing 
12 organization or suspended or revoked the registration for 
13 violation of this Act or rules adopted under this Act. 
14    (b) If a dispensing organization fails to renew its 
15registration prior to expiration, the dispensing organization 
16shall cease operations until registration is renewed. 
17    (c) If a dispensing organization agent fails to renew his 
18or her registration prior to its expiration, he or she shall 
19cease to work or volunteer at a dispensing organization until 
20his or her registration is renewed. 
21    (d) Any dispensing organization that continues to operate 
22or dispensing agent that continues to work or volunteer at a 
23dispensing organization that fails to renew its registration 
24shall be subject to penalty as provided in Section 130. 
25    (e) A dispensing organization licensed under this Act 
26shall renew its license in accordance with Section 15-45 of 
 
 
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1the Cannabis Regulation Tax Act on and after July 1, 2025.
2    (f) This section shall be repealed on January 1, 2026.    
3(Source: P.A. 98-122, eff. 1-1-14.)

4    (410 ILCS 130/130)
5    Sec. 130. Requirements; prohibitions; penalties; 
6dispensing organizations. 
7    (a) The Department of Financial and Professional 
8Regulation shall implement the provisions of this Section by 
9rule. 
10    (b) A dispensing organization shall maintain operating 
11documents which shall include procedures for the oversight of 
12the registered dispensing organization and procedures to 
13ensure accurate recordkeeping. 
14    (c) A dispensing organization shall implement appropriate 
15security measures, as provided by rule, to deter and prevent 
16the theft of cannabis and unauthorized entrance into areas 
17containing cannabis. 
18    (d) A dispensing organization may not be located within 
191,000 feet of the property line of a pre-existing public or 
20private preschool or elementary or secondary school or day 
21care center, day care home, group day care home, or part day 
22child care facility. A registered dispensing organization may 
23not be located in a house, apartment, condominium, or an area 
24zoned for residential use. This subsection shall not apply to 
25any dispensing organizations registered on or after July 1, 
 
 
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12019. 
2    (e) A dispensing organization is prohibited from acquiring 
3cannabis from anyone other than a cultivation center, craft 
4grower, processing organization, another dispensing 
5organization, or transporting organization licensed or 
6registered under this Act or the Cannabis Regulation and Tax 
7Act. A dispensing organization is prohibited from obtaining 
8cannabis from outside the State of Illinois. 
9    (f) A registered dispensing organization is prohibited 
10from dispensing cannabis for any purpose except to assist 
11registered qualifying patients with the medical use of 
12cannabis directly or through the qualifying patients' 
13designated caregivers. 
14    (g) The area in a dispensing organization where medical 
15cannabis is stored can only be accessed by dispensing 
16organization agents working for the dispensing organization, 
17Department of Financial and Professional Regulation staff 
18performing inspections, law enforcement or other emergency 
19personnel, and contractors working on jobs unrelated to 
20medical cannabis, such as installing or maintaining security 
21devices or performing electrical wiring. 
22    (h) A dispensing organization may not dispense more than 
232.5 ounces of cannabis to a registered qualifying patient, 
24directly or via a designated caregiver, in any 14-day period 
25unless the qualifying patient has a Department of Public 
26Health-approved quantity waiver. Any Department of Public 
 
 
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1Health-approved quantity waiver process must be made available 
2to qualified veterans. 
3    (i) Except as provided in subsection (i-5), before medical 
4cannabis may be dispensed to a designated caregiver or a 
5registered qualifying patient, a dispensing organization agent 
6must determine that the individual is a current cardholder in 
7the verification system and must verify each of the following: 
8        (1) that the registry identification card presented to 
9 the registered dispensing organization is valid; 
10        (2) that the person presenting the card is the person 
11 identified on the registry identification card presented 
12 to the dispensing organization agent; 
13        (3) (blank); and 
14        (4) that the registered qualifying patient has not 
15 exceeded his or her adequate supply. 
16    (i-5) A dispensing organization may dispense medical 
17cannabis to an Opioid Alternative Pilot Program participant 
18under Section 62 and to a person presenting proof of 
19provisional registration under Section 55. Before dispensing 
20medical cannabis, the dispensing organization shall comply 
21with the requirements of Section 62 or Section 55, whichever 
22is applicable, and verify the following: 
23        (1) that the written certification presented to the 
24 registered dispensing organization is valid and an 
25 original document;
26        (2) that the person presenting the written 
 
 
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1 certification is the person identified on the written 
2 certification; and
3        (3) that the participant has not exceeded his or her 
4 adequate supply. 
5    (j) Dispensing organizations shall ensure compliance with 
6this limitation by maintaining internal, confidential records 
7that include records specifying how much medical cannabis is 
8dispensed to the registered qualifying patient and whether it 
9was dispensed directly to the registered qualifying patient or 
10to the designated caregiver. Each entry must include the date 
11and time the cannabis was dispensed. Additional recordkeeping 
12requirements may be set by rule. 
13    (k) The health care professional-patient privilege as set 
14forth by Section 8-802 of the Code of Civil Procedure shall 
15apply between a qualifying patient and a registered dispensing 
16organization and its agents with respect to communications and 
17records concerning qualifying patients' debilitating 
18conditions. 
19    (l) A dispensing organization may not permit any person to 
20consume cannabis on the property of a medical cannabis 
21organization. 
22    (m) A dispensing organization may not share office space 
23with or refer patients to a certifying health care 
24professional. 
25    (n) Notwithstanding any other criminal penalties related 
26to the unlawful possession of cannabis, the Department of 
 
 
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1Financial and Professional Regulation may revoke, suspend, 
2place on probation, reprimand, refuse to issue or renew, or 
3take any other disciplinary or non-disciplinary action as the 
4Department of Financial and Professional Regulation may deem 
5proper with regard to the registration of any person issued 
6under this Act to operate a dispensing organization or act as a 
7dispensing organization agent, including imposing fines not to 
8exceed $10,000 for each violation, for any violations of this 
9Act and rules adopted in accordance with this Act. The 
10procedures for disciplining a registered dispensing 
11organization shall be determined by rule. All final 
12administrative decisions of the Department of Financial and 
13Professional Regulation are subject to judicial review under 
14the Administrative Review Law and its rules. The term 
15"administrative decision" is defined as in Section 3-101 of 
16the Code of Civil Procedure. 
17    (o) Dispensing organizations are subject to random 
18inspection and cannabis testing by the Department of Financial 
19and Professional Regulation, the Illinois State Police, the 
20Department of Revenue, the Department of Public Health, the 
21Department of Agriculture, or as provided by rule. 
22    (p) The Department of Financial and Professional 
23Regulation shall adopt rules permitting returns, and potential 
24refunds, for damaged or inadequate products. 
25    (q) The Department of Financial and Professional 
26Regulation may issue nondisciplinary citations for minor 
 
 
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1violations which may be accompanied by a civil penalty not to 
2exceed $10,000 per violation. The penalty shall be a civil 
3penalty or other condition as established by rule. The 
4citation shall be issued to the licensee and shall contain the 
5licensee's name, address, and license number, a brief factual 
6statement, the Sections of the law or rule allegedly violated, 
7and the civil penalty, if any, imposed. The citation must 
8clearly state that the licensee may choose, in lieu of 
9accepting the citation, to request a hearing. If the licensee 
10does not dispute the matter in the citation with the 
11Department of Financial and Professional Regulation within 30 
12days after the citation is served, then the citation shall 
13become final and shall not be subject to appeal. 
14    (r) This section shall be repealed on January 1, 2026.    
15(Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.)

16    (410 ILCS 130/140)
17    Sec. 140. Local ordinances. A unit of local government may 
18enact reasonable zoning ordinances or resolutions, not in 
19conflict with this Act or with Department of Agriculture or 
20Department of Financial and Professional Regulation rules, 
21regulating registered medical cannabis cultivation center or 
22medical cannabis dispensing organizations. No unit of local 
23government, including a home rule unit, or school district may 
24regulate registered medical cannabis organizations other than 
25as provided in this Act and may not unreasonably prohibit the 
 
 
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1cultivation, dispensing, and use of medical cannabis 
2authorized by this Act. This Section is a denial and 
3limitation under subsection (i) of Section 6 of Article VII of 
4the Illinois Constitution on the concurrent exercise by home 
5rule units of powers and functions exercised by the State.
6    This Section shall be repealed on January 1, 2026.    
7(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)

8    (410 ILCS 130/150)
9    Sec. 150. Registry identification and registration 
10certificate verification. 
11    (a) The Department of Public Health shall maintain a 
12confidential list of the persons to whom the Department of 
13Public Health has issued registry identification cards and 
14their addresses, phone numbers, and registry identification 
15numbers. This confidential list may not be combined or linked 
16in any manner with any other list or database except as 
17provided in this Section. 
18    (b) Within 180 days of the effective date of this Act, the 
19Department of Public Health, Department of Financial and 
20Professional Regulation, and Department of Agriculture shall 
21together establish a computerized database or verification 
22system. The database or verification system must allow law 
23enforcement personnel and medical cannabis dispensary 
24organization agents to determine whether or not the 
25identification number corresponds with a current, valid 
 
 
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1registry identification card. The system shall only disclose 
2whether the identification card is valid, whether the 
3cardholder is a registered qualifying patient, provisional 
4patient, or a registered designated caregiver, the registry 
5identification number of the registered medical cannabis 
6dispensing organization designated to serve the registered 
7qualifying patient who holds the card, and the registry 
8identification number of the patient who is assisted by a 
9registered designated caregiver who holds the card. The 
10Department of Public Health, the Department of Agriculture, 
11the Illinois State Police, and the Department of Financial and 
12Professional Regulation shall not share or disclose any 
13existing or non-existing Illinois or national criminal history 
14record information. Notwithstanding any other requirements 
15established by this subsection, the Department of Public 
16Health shall issue registry cards to qualifying patients, the 
17Department of Financial and Professional Regulation may issue 
18registration cards to medical cannabis dispensing 
19organizations for the period during which the database is 
20being established, and the Department of Agriculture may issue 
21registration to medical cannabis cultivation organizations for 
22the period during which the database is being established. 
23    (c) For the purposes of this Section, "any existing or 
24non-existing Illinois or national criminal history record 
25information" means any Illinois or national criminal history 
26record information, including but not limited to the lack of 
 
 
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1or non-existence of these records. 
2(Source: P.A. 102-538, eff. 8-20-21.)

3    (410 ILCS 130/180)
4    Sec. 180. Destruction of medical cannabis. 
5    (a) All cannabis byproduct, scrap, and harvested cannabis 
6not intended for distribution to a medical cannabis 
7organization must be destroyed and disposed of pursuant to 
8State law. Documentation of destruction and disposal shall be 
9retained at the cultivation center for a period of not less 
10than 5 years. 
11    (b) A cultivation center shall prior to the destruction, 
12notify the Department of Agriculture and the Illinois State 
13Police. 
14    (c) The cultivation center shall keep record of the date 
15of destruction and how much was destroyed. 
16    (d) A dispensary organization shall destroy all cannabis, 
17including cannabis-infused products, that are not sold to 
18registered qualifying patients. Documentation of destruction 
19and disposal shall be retained at the dispensary organization 
20for a period of not less than 5 years. 
21    (e) A dispensary organization shall prior to the 
22destruction, notify the Department of Financial and 
23Professional Regulation and the Illinois State Police. 
24    (f) This Section shall be repealed on January 1, 2026.    
25(Source: P.A. 102-538, eff. 8-20-21.)

 
 
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1    (410 ILCS 130/200)
2    Sec. 200. Tax imposed. 
3    (a) Beginning on January 1, 2014 and through June 30, 2025    
4the effective date of this Act, a tax is imposed upon the 
5privilege of cultivating medical cannabis at a rate of 7% of 
6the sales price per ounce. Beginning July 1, 2025, the 
7privilege of cultivating cannabis shall be subject to the tax 
8imposed under Section 60-10 of the Cannabis Regulation and Tax 
9Act. Through June 30, 2025, The proceeds from this tax shall be 
10deposited into the Compassionate Use of Medical Cannabis Fund 
11created under the Compassionate Use of Medical Cannabis 
12Program Act. This tax shall be paid by a cultivation center and 
13is not the responsibility of a dispensing organization or a 
14qualifying patient.
15    (b) The tax imposed under this Act shall be in addition to 
16all other occupation or privilege taxes imposed by the State 
17of Illinois or by any municipal corporation or political 
18subdivision thereof.
19(Source: P.A. 101-363, eff. 8-9-19.)

20    (410 ILCS 130/205)
21    Sec. 205. Department enforcement. 
22    (a) Every person subject to the tax under this Law shall 
23apply to the Department (upon a form prescribed and furnished 
24by the Department) for a certificate of registration under 
 
 
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1this Law. Application for a certificate of registration shall 
2be made to the Department upon forms furnished by the 
3Department. The certificate of registration which is issued by 
4the Department to a retailer under the Retailers' Occupation 
5Tax Act shall permit the taxpayer to engage in a business which 
6is taxable under this Law without registering separately with 
7the Department. Beginning July 1, 2025, a person licensed as a 
8cultivation center or dispensing organization under the 
9Cannabis Regulation and Tax Act shall be deemed to be 
10sufficiently licensed under this Law by virtue of his or her 
11being properly licensed under the Cannabis Regulation and Tax 
12Act.    
13    (b) The Department shall have full power to administer and 
14enforce this Law, to collect all taxes and penalties due 
15hereunder, to dispose of taxes and penalties so collected in 
16the manner hereinafter provided, and to determine all rights 
17to credit memoranda, arising on account of the erroneous 
18payment of tax or penalty hereunder. In the administration of, 
19and compliance with, this Law, the Department and persons who 
20are subject to this Law shall have the same rights, remedies, 
21privileges, immunities, powers and duties, and be subject to 
22the same conditions, restrictions, limitations, penalties and 
23definitions of terms, and employ the same modes of procedure, 
24as are prescribed in Sections 1, 1a, 2 through 2-65 (in respect 
25to all provisions therein other than the State rate of tax), 
262a, 2b, 2c, 3 (except provisions relating to transaction 
 
 
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1returns and quarter monthly payments, and except for 
2provisions that are inconsistent with this Law), 4, 5, 5a, 5b, 
35c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 
411a, 12 and 13 of the Retailers' Occupation Tax Act and Section 
53-7 of the Uniform Penalty and Interest Act as fully as if 
6those provisions were set forth herein.
7(Source: P.A. 98-122, eff. 1-1-14.)

8    (410 ILCS 130/210)
9    Sec. 210. Returns. 
10    (a) This subsection (a) applies to returns due on or 
11before the effective date of this amendatory Act of the 101st 
12General Assembly. On or before the twentieth day of each 
13calendar month, every person subject to the tax imposed under 
14this Law during the preceding calendar month shall file a 
15return with the Department, stating:
16        (1) The name of the taxpayer;
17        (2) The number of ounces of medical cannabis sold to a 
18 dispensing organization or a registered qualifying patient 
19 during the preceding calendar month;
20        (3) The amount of tax due;
21        (4) The signature of the taxpayer; and
22        (5) Such other reasonable information as the 
23 Department may require.
24    If a taxpayer fails to sign a return within 30 days after 
25the proper notice and demand for signature by the Department, 
 
 
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1the return shall be considered valid and any amount shown to be 
2due on the return shall be deemed assessed.
3    The taxpayer shall remit the amount of the tax due to the 
4Department at the time the taxpayer files his or her return.
5    (b) Beginning on the effective date of this amendatory Act 
6of the 101st General Assembly, Section 60-20 65-20 of the 
7Cannabis Regulation and Tax Act shall apply to returns filed 
8and taxes paid under this Act to the same extent as if those 
9provisions were set forth in full in this Section. 
10(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

11    (410 ILCS 130/80 rep.)
12    (410 ILCS 130/115.5 rep.)
13    (410 ILCS 130/135 rep.)
14    (410 ILCS 130/162 rep.)
15    Section 30. The Compassionate Use of Medical Cannabis 
16Program Act is amended by repealing Sections 80, 115.5, 135, 
17and 162.

18    Section 35. The Cannabis Regulation and Tax Act is amended 
19by changing Sections 1-10, 10-10, 10-15, 15-10, 15-15, 15-20, 
2015-25, 15-35, 15-35.10, 15-36, 15-40, 15-45, 15-60, 15-65, 
2115-70, 15-75, 15-85, 15-100, 15-135, and 15-145 and the 
22heading of Article 20 and Sections 20-10, 20-15, 20-20, 20-21, 
2320-30, and 20-45 and by adding Sections 15-13, 15-17, 15-23, 
24and 15-24 as follows:

 
 
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1    (410 ILCS 705/1-10)
2    Sec. 1-10. Definitions. In this Act:
3    "Adequate medical supply" means:
4        (1) 2.5 ounces of usable cannabis during a period of 
5 14 days and that is derived solely from an intrastate 
6 source.
7        (2) Subject to the rules of the Department of Public 
8 Health, a patient may apply for a waiver where a 
9 certifying health care professional provides a substantial 
10 medical basis in a signed, written statement asserting 
11 that, based on the patient's medical history, in the 
12 certifying health care professional's professional 
13 judgment, 2.5 ounces is an insufficient adequate medical 
14 supply for a 14-day period to properly alleviate the 
15 patient's debilitating medical condition or symptoms 
16 associated with the debilitating medical condition.
17        (3) This subsection may not be construed to authorize 
18 the possession of more than 2.5 ounces at any time without 
19 authority from the Department of Public Health.
20        (4) The pre-mixed weight of medical cannabis used in 
21 making a cannabis-infused product shall apply toward the 
22 limit on the total amount of medical cannabis a registered 
23 qualifying patient may possess at any one time.    
24    "Adult Use Cultivation Center License" means a license 
25issued by the Department of Agriculture that permits a person 
 
 
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1to act as a cultivation center under this Act and any 
2administrative rule made in furtherance of this Act.
3    "Adult Use Dispensing Organization License" means a 
4license issued by the Department of Financial and Professional 
5Regulation that permits a person to act as a dispensing 
6organization under this Act and any administrative rule made 
7in furtherance of this Act.
8    "Advertise" means to engage in promotional activities 
9including, but not limited to: newspaper, radio, Internet and 
10electronic media, and television advertising; the distribution 
11of fliers and circulars; billboard advertising; and the 
12display of window and interior signs. "Advertise" does not 
13mean exterior signage displaying only the name of the licensed 
14cannabis business establishment. 
15    "Application points" means the number of points a 
16Dispensary Applicant receives on an application for a 
17Conditional Adult Use Dispensing Organization License. 
18    "BLS Region" means a region in Illinois used by the United 
19States Bureau of Labor Statistics to gather and categorize 
20certain employment and wage data. The 17 such regions in 
21Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, 
22Champaign-Urbana, Chicago-Naperville-Elgin, Danville, 
23Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, 
24Rockford, St. Louis, Springfield, Northwest Illinois 
25nonmetropolitan area, West Central Illinois nonmetropolitan 
26area, East Central Illinois nonmetropolitan area, and South 
 
 
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1Illinois nonmetropolitan area. 
2    "By lot" means a randomized method of choosing between 2 
3or more Eligible Tied Applicants or 2 or more Qualifying 
4Applicants.
5    "Cannabis" means marijuana, hashish, and other substances 
6that are identified as including any parts of the plant 
7Cannabis sativa and including derivatives or subspecies, such 
8as indica, of all strains of cannabis, whether growing or not; 
9the seeds thereof, the resin extracted from any part of the 
10plant; and any compound, manufacture, salt, derivative, 
11mixture, or preparation of the plant, its seeds, or resin, 
12including tetrahydrocannabinol (THC) and all other naturally 
13produced cannabinol derivatives, whether produced directly or 
14indirectly by extraction; however, "cannabis" does not include 
15the mature stalks of the plant, fiber produced from the 
16stalks, oil or cake made from the seeds of the plant, any other 
17compound, manufacture, salt, derivative, mixture, or 
18preparation of the mature stalks (except the resin extracted 
19from it), fiber, oil or cake, or the sterilized seed of the 
20plant that is incapable of germination. "Cannabis" does not 
21include industrial hemp as defined and authorized under the 
22Industrial Hemp Act. "Cannabis" also means cannabis flower, 
23concentrate, and cannabis-infused products.
24    "Cannabis business establishment" means a cultivation 
25center, craft grower, processing organization, infuser 
26organization, dispensing organization, or transporting 
 
 
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1organization.
2    "Cannabis concentrate" means a product derived from 
3cannabis that is produced by extracting cannabinoids, 
4including tetrahydrocannabinol (THC), from the plant through 
5the use of propylene glycol, glycerin, butter, olive oil, or 
6other typical cooking fats; water, ice, or dry ice; or butane, 
7propane, CO2, ethanol, or isopropanol and with the intended 
8use of smoking or making a cannabis-infused product. The use 
9of any other solvent is expressly prohibited unless and until 
10it is approved by the Department of Agriculture.
11    "Cannabis container" means a sealed or resealable, 
12traceable, container, or package used for the purpose of 
13containment of cannabis or cannabis-infused product during 
14transportation.
15    "Cannabis flower" means marijuana, hashish, and other 
16substances that are identified as including any parts of the 
17plant Cannabis sativa and including derivatives or subspecies, 
18such as indica, of all strains of cannabis; including raw 
19kief, leaves, and buds, but not resin that has been extracted 
20from any part of such plant; nor any compound, manufacture, 
21salt, derivative, mixture, or preparation of such plant, its 
22seeds, or resin.
23    "Cannabis-infused product" means a beverage, food, oil, 
24ointment, tincture, topical formulation, or another product 
25containing cannabis or cannabis concentrate that is not 
26intended to be smoked.
 
 
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1    "Cannabis paraphernalia" means equipment, products, or 
2materials intended to be used for planting, propagating, 
3cultivating, growing, harvesting, manufacturing, producing, 
4processing, preparing, testing, analyzing, packaging, 
5repackaging, storing, containing, concealing, ingesting, or 
6otherwise introducing cannabis into the human body. 
7    "Cannabis plant monitoring system" or "plant monitoring 
8system" means a system that includes, but is not limited to, 
9testing and data collection established and maintained by the 
10cultivation center, craft grower, or infuser processing    
11organization and that is available to the Department of 
12Revenue, the Department of Agriculture, the Department of 
13Financial and Professional Regulation, and the Illinois State 
14Police for the purposes of documenting each cannabis plant and 
15monitoring plant development throughout the life cycle of a 
16cannabis plant cultivated for the intended use by a customer 
17from seed planting to final packaging.
18    "Cannabis testing facility" means an entity registered by 
19the Department of Agriculture to test cannabis for potency and 
20contaminants.
21    "Clone" means a plant section from a female cannabis plant 
22not yet rootbound, growing in a water solution or other 
23propagation matrix, that is capable of developing into a new 
24plant.
25    "Community College Cannabis Vocational Training Pilot 
26Program faculty participant" means a person who is 21 years of 
 
 
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1age or older, licensed by the Department of Agriculture, and 
2is employed or contracted by an Illinois community college to 
3provide student instruction using cannabis plants at an 
4Illinois Community College.
5    "Community College Cannabis Vocational Training Pilot 
6Program faculty participant Agent Identification Card" means a 
7document issued by the Department of Agriculture that 
8identifies a person as a Community College Cannabis Vocational 
9Training Pilot Program faculty participant.
10    "Conditional Adult Use Dispensing Organization License" 
11means a contingent license awarded to applicants for an Adult 
12Use Dispensing Organization License that reserves the right to 
13an Adult Use Dispensing Organization License if the applicant 
14meets certain conditions described in this Act, but does not 
15entitle the recipient to begin purchasing or selling cannabis 
16or cannabis-infused products.
17    "Conditional Adult Use Cultivation Center License" means a 
18license awarded to top-scoring applicants for a an Adult Use    
19Cultivation Center License that reserves the right to a an 
20Adult Use Cultivation Center License if the applicant meets 
21certain conditions as determined by the Department of 
22Agriculture by rule, but does not entitle the recipient to 
23begin growing, processing, or selling cannabis or 
24cannabis-infused products.
25    "Craft grower" means a facility operated by an 
26organization or business that is licensed by the Department of 
 
 
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1Agriculture to cultivate, dry, cure, and package cannabis and 
2perform other necessary activities to make cannabis available 
3for sale at a dispensing organization or use at an infuser a 
4processing organization. A craft grower may contain up to 
55,000 square feet of canopy space on its premises for plants in 
6the flowering state. The Department of Agriculture may 
7authorize an increase or decrease of flowering stage 
8cultivation space in increments of 3,000 square feet by rule 
9based on market need, craft grower capacity, and the 
10licensee's history of compliance or noncompliance, with a 
11maximum space of 14,000 square feet for cultivating plants in 
12the flowering stage, which must be cultivated in all stages of 
13growth in an enclosed and secure area. A craft grower may share 
14premises with an infuser a processing organization or a 
15dispensing organization, or both, provided each licensee 
16stores currency and cannabis or cannabis-infused products in a 
17separate secured vault to which the other licensee does not 
18have access or all licensees sharing a vault share more than 
1950% of the same ownership. 
20    "Craft grower agent" means a principal officer, board 
21member, employee, or other agent of a craft grower who is 21 
22years of age or older.
23    "Craft Grower Agent Identification Card" means a document 
24issued by the Department of Agriculture that identifies a 
25person as a craft grower agent.
26    "Cultivation center" means a facility operated by an 
 
 
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1organization or business that is licensed by the Department of 
2Agriculture to cultivate, process, transport (unless otherwise 
3limited by this Act), and perform other necessary activities 
4to provide cannabis and cannabis-infused products to cannabis 
5business establishments. As used in this Act, "cultivation 
6center" includes any cultivation center which prior to July 1, 
72025, was a cultivation center as defined in the Compassionate 
8Use of Medical Cannabis Program Act.    
9    "Cultivation center agent" means a principal officer, 
10board member, employee, or other agent of a cultivation center 
11who is 21 years of age or older.
12    "Cultivation Center Agent Identification Card" means a 
13document issued by the Department of Agriculture that 
14identifies a person as a cultivation center agent.
15    "Currency" means currency and coin of the United States.
16    "Designated caregiver" means a person who: (1) is at least 
1721 years of age; (2) has agreed to assist with a patient's 
18medical use of cannabis; (3) and assists no more than one 
19registered qualifying patient with his or her medical use of 
20cannabis.    
21    "Dispensary" means a facility operated by a dispensing 
22organization at which activities licensed by this Act may 
23occur.
24    "Dispensary Applicant" means the Proposed Dispensing 
25Organization Name as stated on an application for a 
26Conditional Adult Use Dispensing Organization License. 
 
 
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1    "Dispensing organization" or "dispensary" means a facility 
2operated by an organization or business that is licensed by 
3the Department of Financial and Professional Regulation to 
4acquire cannabis from a cultivation center, craft grower, or 
5infuser processing organization licensed by the Department of 
6Agriculture, or another dispensary licensed by the Department 
7of Financial and Professional Regulation, for the purpose of 
8selling or dispensing cannabis, cannabis-infused products, 
9cannabis seeds, paraphernalia, or related supplies under this 
10Act to purchasers or to qualified registered medical cannabis 
11patients and caregivers. As used in this Act, "dispensing 
12organization" includes any dispensary which, prior to July 1, 
132025, was a a registered medical cannabis organization as 
14defined in the Compassionate Use of Medical Cannabis Program 
15Act or its successor Act or that has obtained an Early Approval 
16Adult Use Dispensing Organization License or Early Approval 
17Adult Use Dispensing Organization License at a Secondary Site 
18under this Act.
19    "Dispensing organization agent" means a principal officer, 
20employee, or agent of a dispensing organization who is 21 
21years of age or older.
22    "Dispensing organization agent identification card" means 
23a document issued by the Department of Financial and 
24Professional Regulation that identifies a person as a 
25dispensing organization agent.
26    "Disproportionately Impacted Area" means a census tract or 
 
 
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1comparable geographic area that satisfies the following 
2criteria as determined by the Department of Commerce and 
3Economic Opportunity, that: 
4        (1) meets at least one of the following criteria: 
5            (A) the area has a poverty rate of at least 20% 
6 according to the latest federal decennial census; or 
7            (B) 75% or more of the children in the area 
8 participate in the federal free lunch program 
9 according to reported statistics from the State Board 
10 of Education; or 
11            (C) at least 20% of the households in the area 
12 receive assistance under the Supplemental Nutrition 
13 Assistance Program; or
14            (D) the area has an average unemployment rate, as 
15 determined by the Illinois Department of Employment 
16 Security, that is more than 120% of the national 
17 unemployment average, as determined by the United 
18 States Department of Labor, for a period of at least 2 
19 consecutive calendar years preceding the date of the 
20 application; and 
21        (2) has high rates of arrest, conviction, and 
22 incarceration related to the sale, possession, use, 
23 cultivation, manufacture, or transport of cannabis.
24    "Early Approval Adult Use Cultivation Center License" 
25means a license that permits a medical cannabis cultivation 
26center licensed under the Compassionate Use of Medical 
 
 
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1Cannabis Program Act as of the effective date of this Act to 
2begin cultivating, infusing, packaging, transporting (unless 
3otherwise provided in this Act), processing, and selling 
4cannabis or cannabis-infused product to cannabis business 
5establishments for resale to purchasers as permitted by this 
6Act as of January 1, 2020.
7    "Early Approval Adult Use Dispensing Organization License" 
8means a license that permits a medical cannabis dispensing 
9organization licensed under the Compassionate Use of Medical 
10Cannabis Program Act as of the effective date of this Act to 
11begin selling cannabis or cannabis-infused product to 
12purchasers as permitted by this Act as of January 1, 2020.
13    "Early Approval Adult Use Dispensing Organization at a 
14secondary site" means a license that permits a medical 
15cannabis dispensing organization licensed under the 
16Compassionate Use of Medical Cannabis Program Act as of the 
17effective date of this Act to begin selling cannabis or 
18cannabis-infused product to purchasers as permitted by this 
19Act on January 1, 2020 at a different dispensary location from 
20its existing registered medical dispensary location.
21    "Eligible Tied Applicant" means a Tied Applicant that is 
22eligible to participate in the process by which a remaining 
23available license is distributed by lot pursuant to a Tied 
24Applicant Lottery. 
25    "Enclosed, locked facility" means a room, greenhouse, 
26building, or other enclosed area equipped with locks or other 
 
 
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1security devices that permit access only by cannabis business 
2establishment agents working for the licensed cannabis 
3business establishment or acting pursuant to this Act to 
4cultivate, process, store, or distribute cannabis.
5    "Enclosed, locked space" means a closet, room, greenhouse, 
6building, or other enclosed area equipped with locks or other 
7security devices that permit access only by authorized 
8individuals under this Act. "Enclosed, locked space" may 
9include:
10        (1) a space within a residential building that (i) is 
11 the primary residence of the individual cultivating 5 or 
12 fewer cannabis plants that are more than 5 inches tall and 
13 (ii) includes sleeping quarters and indoor plumbing. The 
14 space must only be accessible by a key or code that is 
15 different from any key or code that can be used to access 
16 the residential building from the exterior; or
17        (2) a structure, such as a shed or greenhouse, that 
18 lies on the same plot of land as a residential building 
19 that (i) includes sleeping quarters and indoor plumbing 
20 and (ii) is used as a primary residence by the person 
21 cultivating 5 or fewer cannabis plants that are more than 
22 5 inches tall, such as a shed or greenhouse. The structure 
23 must remain locked when it is unoccupied by people. 
24    "Financial institution" has the same meaning as "financial 
25organization" as defined in Section 1501 of the Illinois 
26Income Tax Act, and also includes the holding companies, 
 
 
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1subsidiaries, and affiliates of such financial organizations. 
2    "Flowering stage" means the stage of cultivation where and 
3when a cannabis plant is cultivated to produce plant material 
4for cannabis products. This includes mature plants as follows:
5        (1) if greater than 2 stigmas are visible at each 
6 internode of the plant; or
7        (2) if the cannabis plant is in an area that has been 
8 intentionally deprived of light for a period of time 
9 intended to produce flower buds and induce maturation, 
10 from the moment the light deprivation began through the 
11 remainder of the marijuana plant growth cycle.
12    "Individual" means a natural person.
13    "Infuser organization" or "infuser" means a facility 
14operated by an organization or business that is licensed by 
15the Department of Agriculture to directly incorporate cannabis 
16or cannabis concentrate into a product formulation to produce 
17a cannabis-infused product. 
18    "Infuser organization agent" means a principal officer, 
19board member, employee, or other agent of an infuser 
20organization.
21    "Infuser organization agent identification card" means a 
22document issued by the Department of Agriculture that 
23identifies a person as an infuser organization agent.    
24    "Kief" means the resinous crystal-like trichomes that are 
25found on cannabis and that are accumulated, resulting in a 
26higher concentration of cannabinoids, untreated by heat or 
 
 
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1pressure, or extracted using a solvent. 
2    "Labor peace agreement" means an agreement between a 
3cannabis business establishment and any labor organization 
4recognized under the National Labor Relations Act, referred to 
5in this Act as a bona fide labor organization, that prohibits 
6labor organizations and members from engaging in picketing, 
7work stoppages, boycotts, and any other economic interference 
8with the cannabis business establishment. This agreement means 
9that the cannabis business establishment has agreed not to 
10disrupt efforts by the bona fide labor organization to 
11communicate with, and attempt to organize and represent, the 
12cannabis business establishment's employees. The agreement 
13shall provide a bona fide labor organization access at 
14reasonable times to areas in which the cannabis business 
15establishment's employees work, for the purpose of meeting 
16with employees to discuss their right to representation, 
17employment rights under State law, and terms and conditions of 
18employment. This type of agreement shall not mandate a 
19particular method of election or certification of the bona 
20fide labor organization.
21    "Limited access area" means a room or other area under the 
22control of a cannabis dispensing organization licensed under 
23this Act and upon the licensed premises where cannabis sales 
24occur with access limited to purchasers, dispensing 
25organization owners and other dispensing organization agents, 
26or service professionals conducting business with the 
 
 
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1dispensing organization, or, if sales to registered qualifying 
2patients, caregivers, provisional patients, and Opioid 
3Alternative Pilot Program participants licensed pursuant to 
4the Compassionate Use of Medical Cannabis Program Act are also 
5permitted at the dispensary, registered qualifying patients, 
6caregivers, provisional patients, and Opioid Alternative Pilot 
7Program participants. 
8    "Member of an impacted family" means an individual who has 
9a parent, legal guardian, child, spouse, or dependent, or was 
10a dependent of an individual who, prior to the effective date 
11of this Act, was arrested for, convicted of, or adjudicated 
12delinquent for any offense that is eligible for expungement 
13under this Act.
14    "Mother plant" means a cannabis plant that is cultivated 
15or maintained for the purpose of generating clones, and that 
16will not be used to produce plant material for sale to an 
17infuser or dispensing organization.
18    "Ordinary public view" means within the sight line with 
19normal visual range of a person, unassisted by visual aids, 
20from a public street or sidewalk adjacent to real property, or 
21from within an adjacent property. 
22    "Ownership and control" means ownership of at least 51% of 
23the business, including corporate stock if a corporation, and 
24control over the management and day-to-day operations of the 
25business and an interest in the capital, assets, and profits 
26and losses of the business proportionate to percentage of 
 
 
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1ownership.
2    "Person" means a natural individual, firm, partnership, 
3association, joint stock company, joint venture, public or 
4private corporation, limited liability company, or a receiver, 
5executor, trustee, guardian, or other representative appointed 
6by order of any court.
7    "Possession limit" means the amount of cannabis under 
8Section 10-10 that may be possessed at any one time by a person 
921 years of age or older or who is a registered qualifying 
10medical cannabis patient or caregiver under the Compassionate 
11Use of Medical Cannabis Program Act.
12    "Principal officer" includes a cannabis business 
13establishment applicant or licensed cannabis business 
14establishment's board member, owner with more than 1% interest 
15of the total cannabis business establishment or more than 5% 
16interest of the total cannabis business establishment of a 
17publicly traded company, president, vice president, secretary, 
18treasurer, partner, officer, member, manager member, or person 
19with a profit sharing, financial interest, or revenue sharing 
20arrangement. The definition includes a person with authority 
21to control the cannabis business establishment, a person who 
22assumes responsibility for the debts of the cannabis business 
23establishment and who is further defined in this Act.
24    "Primary residence" means a dwelling where a person 
25usually stays or stays more often than other locations. It may 
26be determined by, without limitation, presence, tax filings; 
 
 
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1address on an Illinois driver's license, an Illinois 
2Identification Card, or an Illinois Person with a Disability 
3Identification Card; or voter registration. No person may have 
4more than one primary residence.
5    "Provisional patient" means a qualifying patient who has 
6received a provisional registration from the Department of 
7Public Health.    
8    "Processor license" means a license issued to an infuser 
9organization that is licensed by the Department of Agriculture 
10under subsection (f) of Section 35-31 to extract raw materials 
11from cannabis flower.    
12    "Processing organization" or "processor" means a facility 
13operated by an organization or business that is licensed by 
14the Department of Agriculture to either extract constituent 
15chemicals or compounds to produce cannabis concentrate or 
16incorporate cannabis or cannabis concentrate into a product 
17formulation to produce a cannabis product. 
18    "Processing organization agent" means a principal officer, 
19board member, employee, or agent of a processing organization.
20    "Processing organization agent identification card" means 
21a document issued by the Department of Agriculture that 
22identifies a person as a processing organization agent.
23    "Purchaser" means a person 21 years of age or older who 
24acquires cannabis for a valuable consideration. "Purchaser" 
25does not include a cardholder under the Compassionate Use of 
26Medical Cannabis Program Act.
 
 
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1    "Qualifying Applicant" means an applicant that submitted 
2an application pursuant to Section 15-30 that received at 
3least 85% of 250 application points available under Section 
415-30 as the applicant's final score and meets the definition 
5of "Social Equity Applicant" as set forth under this Section.
6    "Qualifying patient" or "qualified patient" means a person 
7who has been diagnosed by a certifying health care 
8professional as having a debilitating medical condition as 
9defined under the Compassionate Use of Medical Cannabis 
10Program Act.    
11    "Qualifying Social Equity Justice Involved Applicant" 
12means an applicant that submitted an application pursuant to 
13Section 15-30 that received at least 85% of 250 application 
14points available under Section 15-30 as the applicant's final 
15score and meets the criteria of either paragraph (1) or (2) of 
16the definition of "Social Equity Applicant" as set forth under 
17this Section. 
18    "Qualified Social Equity Applicant" means a Social Equity 
19Applicant who has been awarded a conditional license under 
20this Act to operate a cannabis business establishment.
21    "Resided" means an individual's primary residence was 
22located within the relevant geographic area as established by 
232 of the following:
24        (1) a signed lease agreement that includes the 
25 applicant's name;
26        (2) a property deed that includes the applicant's 
 
 
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1 name;
2        (3) school records;
3        (4) a voter registration card;
4        (5) an Illinois driver's license, an Illinois 
5 Identification Card, or an Illinois Person with a 
6 Disability Identification Card;
7        (6) a paycheck stub; 
8        (7) a utility bill; 
9        (8) tax records; or
10        (9) any other proof of residency or other information 
11 necessary to establish residence as provided by rule.
12    "Smoking" means the inhalation of smoke caused by the 
13combustion of cannabis.
14    "Social Equity Applicant" means an applicant that is an 
15Illinois resident that meets one of the following criteria:
16        (1) an applicant with at least 51% ownership and 
17 control by one or more individuals who have resided for at 
18 least 5 of the preceding 10 years in a Disproportionately 
19 Impacted Area; 
20        (2) an applicant with at least 51% ownership and 
21 control by one or more individuals who: 
22            (i) have been arrested for, convicted of, or 
23 adjudicated delinquent for any offense that is 
24 eligible for expungement under this Act; or 
25            (ii) is a member of an impacted family;
26        (3) for applicants with a minimum of 10 full-time 
 
 
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1 employees, an applicant with at least 51% of current 
2 employees who:
3            (i) currently reside in a Disproportionately 
4 Impacted Area; or
5            (ii) have been arrested for, convicted of, or 
6 adjudicated delinquent for any offense that is 
7 eligible for expungement under this Act or member of 
8 an impacted family.
9    Nothing in this Act shall be construed to preempt or limit 
10the duties of any employer under the Job Opportunities for 
11Qualified Applicants Act. Nothing in this Act shall permit an 
12employer to require an employee to disclose sealed or expunged 
13offenses, unless otherwise required by law.
14    "Tied Applicant" means an application submitted by a 
15Dispensary Applicant pursuant to Section 15-30 that received 
16the same number of application points under Section 15-30 as 
17the Dispensary Applicant's final score as one or more 
18top-scoring applications in the same BLS Region and would have 
19been awarded a license but for the one or more other 
20top-scoring applications that received the same number of 
21application points. Each application for which a Dispensary 
22Applicant was required to pay a required application fee for 
23the application period ending January 2, 2020 shall be 
24considered an application of a separate Tied Applicant.
25    "Tied Applicant Lottery" means the process established 
26under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult 
 
 
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1Use Dispensing Organization Licenses pursuant to Sections 
215-25 and 15-30 among Eligible Tied Applicants. 
3    "Tincture" means a cannabis-infused solution, typically 
4comprised of alcohol, glycerin, or vegetable oils, derived 
5either directly from the cannabis plant or from a processed 
6cannabis extract. A tincture is not an alcoholic liquor as 
7defined in the Liquor Control Act of 1934. A tincture shall 
8include a calibrated dropper or other similar device capable 
9of accurately measuring servings.
10    "Transporting organization" or "transporter" means an 
11organization or business that is licensed by the Department of 
12Agriculture to transport cannabis or cannabis-infused product 
13on behalf of a cannabis business establishment or a community 
14college licensed under the Community College Cannabis 
15Vocational Training Pilot Program. 
16    "Transporting organization agent" means a principal 
17officer, board member, employee, or agent of a transporting 
18organization.
19    "Transporting organization agent identification card" 
20means a document issued by the Department of Agriculture that 
21identifies a person as a transporting organization agent.
22    "Unit of local government" means any county, city, 
23village, or incorporated town.
24    "Vegetative stage" means the stage of cultivation in which 
25a cannabis plant is propagated to produce additional cannabis 
26plants or reach a sufficient size for production. This 
 
 
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1includes seedlings, clones, mothers, and other immature 
2cannabis plants as follows: 
3        (1) if the cannabis plant is in an area that has not 
4 been intentionally deprived of light for a period of time 
5 intended to produce flower buds and induce maturation, it 
6 has no more than 2 stigmas visible at each internode of the 
7 cannabis plant; or 
8        (2) any cannabis plant that is cultivated solely for 
9 the purpose of propagating clones and is never used to 
10 produce cannabis.
11(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
12102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 
135-13-22.)

14    (410 ILCS 705/10-10)
15    Sec. 10-10. Possession limit. 
16    (a) Except if otherwise authorized by this Act, for a 
17person who is 21 years of age or older and a resident of this 
18State, the possession limit is as follows:
19        (1) 30 grams of cannabis flower;
20        (2) no more than 500 milligrams of THC contained in 
21 cannabis-infused product;
22        (3) 5 grams of cannabis concentrate; and
23        (4) for registered qualifying patients, any cannabis 
24 produced by cannabis plants grown under subsection (b) of 
25 Section 10-5, provided any amount of cannabis produced in 
 
 
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1 excess of 30 grams of raw cannabis or its equivalent must 
2 remain secured within the residence or residential 
3 property in which it was grown.
4    (b) For a person who is 21 years of age or older and who is 
5not a resident of this State, the possession limit is:
6        (1) 15 grams of cannabis flower; 
7        (2) 2.5 grams of cannabis concentrate; and
8        (3) 250 milligrams of THC contained in a 
9 cannabis-infused product. 
10    (c) The possession limits found in subsections (a) and (b) 
11of this Section are to be considered cumulative. 
12    (d) No person shall knowingly obtain, seek to obtain, or 
13possess an amount of cannabis from a dispensing organization 
14or craft grower that would cause him or her to exceed the 
15possession limit under this Section, including cannabis that 
16is cultivated by a person under this Act or obtained as a 
17qualified registered medical patient, provisional patient, or 
18designated caregiver.
19    (d-1) No qualified registered patient, provisional 
20patient, or designated caregiver shall knowingly obtain, seek 
21to obtain, or possess, individually or collectively, an amount 
22that would cause the individual to exceed their adequate 
23medical supply under the Compassionate Use of Medical Cannabis 
24Program Act.
25    (e) Cannabis and cannabis-derived substances regulated 
26under the Industrial Hemp Act are not covered by this Act. 
 
 
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1(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

2    (410 ILCS 705/10-15)
3    Sec. 10-15. Persons under 21 years of age. 
4    (a) Nothing in this Act is intended to permit the transfer 
5of cannabis, with or without remuneration, to a person under 
621 years of age, or to allow a person under 21 years of age to 
7purchase, possess, use, process, transport, grow, or consume 
8cannabis except where authorized by this Act, the 
9Compassionate Use of Medical Cannabis Program Act or by the 
10Community College Cannabis Vocational Pilot Program. 
11    (b) Notwithstanding any other provisions of law 
12authorizing the possession of medical cannabis or 
13cannabis-infused products by a qualified registered medical 
14patient, provisional patient, or designated caregiver, nothing 
15in this Act authorizes a person who is under 21 years of age to 
16possess cannabis. A person under 21 years of age with cannabis 
17in his or her possession is guilty of a civil law violation as 
18outlined in paragraph (a) of Section 4 of the Cannabis Control 
19Act.
20    (c) If the person under the age of 21 was in a motor 
21vehicle at the time of the offense, the Secretary of State may 
22suspend or revoke the driving privileges of any person for a 
23violation of this Section under Section 6-206 of the Illinois 
24Vehicle Code and the rules adopted under it.
25    (d) It is unlawful for any parent or guardian to knowingly 
 
 
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1permit his or her residence, any other private property under 
2his or her control, or any vehicle, conveyance, or watercraft 
3under his or her control to be used by an invitee of the 
4parent's child or the guardian's ward, if the invitee is under 
5the age of 21, in a manner that constitutes a violation of this 
6Section. A parent or guardian is deemed to have knowingly 
7permitted his or her residence, any other private property 
8under his or her control, or any vehicle, conveyance, or 
9watercraft under his or her control to be used in violation of 
10this Section if he or she knowingly authorizes or permits 
11consumption of cannabis by underage invitees. Any person who 
12violates this subsection (d) is guilty of a Class A 
13misdemeanor and the person's sentence shall include, but shall 
14not be limited to, a fine of not less than $500. If a violation 
15of this subsection (d) directly or indirectly results in great 
16bodily harm or death to any person, the person violating this 
17subsection is guilty of a Class 4 felony. In this subsection 
18(d), where the residence or other property has an owner and a 
19tenant or lessee, the trier of fact may infer that the 
20residence or other property is occupied only by the tenant or 
21lessee.
22(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

23    (410 ILCS 705/15-10)
24    Sec. 15-10. Medical cannabis dispensing organization 
25exemption. This Article does not apply to medical cannabis 
 
 
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1dispensing organizations registered under the Compassionate 
2Use of Medical Cannabis Pilot Program Act, except where 
3otherwise specified. This section shall be repealed on January 
41, 2026.    
5(Source: P.A. 101-27, eff. 6-25-19.)

6    (410 ILCS 705/15-13 new)
7    Sec. 15-13. Adult Use and medical cannabis dispensing 
8organization license merger; medical patient prioritization.
9    (a) Beginning July 1, 2025, all medical cannabis 
10dispensing organizations registered under the Compassionate 
11Use of Medical Cannabis Program Act and that have received an 
12Early Approval Adult Use Dispensing Organization License shall 
13be deemed to be an adult use dispensing organization licensed 
14pursuant to Section 15-36 of this Act. In addition to selling 
15cannabis and cannabis-infused products to persons 21 years of 
16age or older, beginning July 1, 2025, but no later than October 
171, 2025, all dispensing organizations licensed pursuant to 
18Section 15-36 of this Act shall also offer services to 
19registered qualifying patients, provisional patients, and 
20designated caregivers.
21    (b) Beginning July 1, 2025, all dispensing organization 
22agents registered under the Compassionate Use of Medical 
23Cannabis Program Act shall be deemed to be a dispensing 
24organization agent as that term is defined in this Act. All 
25dispensing organization agents registered under the 
 
 
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1Compassionate Use of Medical Cannabis Program Act shall have 
2the same rights, privileges, duties, and responsibilities of 
3dispensing organization agents licensed under this Act. All 
4dispensing organization agents shall be subject to this Act 
5and any administrative rules adopted under this Act.
6    (c) On and after July 1, 2025, any dispensing organization 
7previously registered as an Early Approval Adult Use 
8Dispensing Organization License or an Early Approval Adult Use 
9Dispensing Organization at a secondary site shall renew 
10pursuant to Section 15-45 of this Act. The Department shall 
11prorate any dispensing organization previously registered as 
12an Early Approval Adult Use Dispensing Organization License or 
13an Early Approval Adult Use Dispensing Organization at a 
14secondary site's first renewal fee due under Section 15-45.
15    (d) By October 1, 2025, all dispensing organizations shall 
16pay a one-time fee of $10,000 to be deposited into the 
17Compassionate Use of Medical Cannabis Fund. After this 
18one-time fee, all dispensing organizations shall renew 
19pursuant to the provisions of Section 15-45. The Department 
20may approve payment plans that extend beyond October 1, 2025 
21for the fee paid under this subsection if the first payment 
22under the payment plan is remitted by October 1, 2025.
23    (e) All dispensing organizations must maintain an adequate 
24supply of cannabis and cannabis-infused products for purchase 
25by qualifying patients, designated caregivers, and provisional 
26patients. For the purposes of this subsection, the Department 
 
 
HB3682- 133 -LRB104 09747 BDA 19813 b


1may promulgate administrative rules establishing what 
2constitutes an adequate supply.
3    (f) If there is a shortage of cannabis or cannabis-infused 
4products, a dispensing organization shall prioritize serving 
5qualifying patients, designated caregivers, and provisional 
6patients before serving purchasers.
7    (g) Beginning July 1, 2025, cannabis and cannabis-infused 
8products purchased from a dispensing organization by a 
9qualified patient, provisional patient, or designated 
10caregiver are not subject to tax under Section 65-10 of this 
11Act.

12    (410 ILCS 705/15-15)
13    Sec. 15-15. Early Approval Adult Use Dispensing 
14Organization License. 
15    (a) Any medical cannabis dispensing organization holding a 
16valid registration under the Compassionate Use of Medical 
17Cannabis Program Act as of the effective date of this Act may, 
18within 60 days of the effective date of this Act, apply to the 
19Department for an Early Approval Adult Use Dispensing 
20Organization License to serve purchasers at any medical 
21cannabis dispensing location in operation on the effective 
22date of this Act, pursuant to this Section.
23    (b) A medical cannabis dispensing organization seeking 
24issuance of an Early Approval Adult Use Dispensing 
25Organization License to serve purchasers at any medical 
 
 
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1cannabis dispensing location in operation as of the effective 
2date of this Act shall submit an application on forms provided 
3by the Department. The application must be submitted by the 
4same person or entity that holds the medical cannabis 
5dispensing organization registration and include the 
6following: 
7        (1) Payment of a nonrefundable fee of $30,000 to be 
8 deposited into the Cannabis Regulation Fund;
9        (2) Proof of registration as a medical cannabis 
10 dispensing organization that is in good standing;
11        (3) Certification that the applicant will comply with 
12 the requirements contained in the Compassionate Use of 
13 Medical Cannabis Program Act except as provided in this 
14 Act;
15        (4) The legal name of the dispensing organization;
16        (5) The physical address of the dispensing 
17 organization;
18        (6) The name, address, social security number, and 
19 date of birth of each principal officer and board member 
20 of the dispensing organization, each of whom must be at 
21 least 21 years of age;
22        (7) A nonrefundable Cannabis Business Development Fee 
23 equal to 3% of the dispensing organization's total sales 
24 between June 1, 2018 to June 1, 2019, or $100,000, 
25 whichever is less, to be deposited into the Cannabis 
26 Business Development Fund; and 
 
 
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1        (8) Identification of one of the following Social 
2 Equity Inclusion Plans to be completed by March 31, 2021:
3            (A) Make a contribution of 3% of total sales from 
4 June 1, 2018 to June 1, 2019, or $100,000, whichever is 
5 less, to the Cannabis Business Development Fund. This 
6 is in addition to the fee required by item (7) of this 
7 subsection (b);
8            (B) Make a grant of 3% of total sales from June 1, 
9 2018 to June 1, 2019, or $100,000, whichever is less, 
10 to a cannabis industry training or education program 
11 at an Illinois community college as defined in the 
12 Public Community College Act;
13            (C) Make a donation of $100,000 or more to a 
14 program that provides job training services to persons 
15 recently incarcerated or that operates in a 
16 Disproportionately Impacted Area;
17            (D) Participate as a host in a cannabis business 
18 establishment incubator program approved by the 
19 Department of Commerce and Economic Opportunity, and 
20 in which an Early Approval Adult Use Dispensing 
21 Organization License holder agrees to provide a loan 
22 of at least $100,000 and mentorship to incubate, for 
23 at least a year, a Social Equity Applicant intending 
24 to seek a license or a licensee that qualifies as a 
25 Social Equity Applicant. As used in this Section, 
26 "incubate" means providing direct financial assistance 
 
 
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1 and training necessary to engage in licensed cannabis 
2 industry activity similar to that of the host 
3 licensee. The Early Approval Adult Use Dispensing 
4 Organization License holder or the same entity holding 
5 any other licenses issued pursuant to this Act shall 
6 not take an ownership stake of greater than 10% in any 
7 business receiving incubation services to comply with 
8 this subsection. If an Early Approval Adult Use 
9 Dispensing Organization License holder fails to find a 
10 business to incubate to comply with this subsection 
11 before its Early Approval Adult Use Dispensing 
12 Organization License expires, it may opt to meet the 
13 requirement of this subsection by completing another 
14 item from this subsection; or
15            (E) Participate in a sponsorship program for at 
16 least 2 years approved by the Department of Commerce 
17 and Economic Opportunity in which an Early Approval 
18 Adult Use Dispensing Organization License holder 
19 agrees to provide an interest-free loan of at least 
20 $200,000 to a Social Equity Applicant. The sponsor 
21 shall not take an ownership stake in any cannabis 
22 business establishment receiving sponsorship services 
23 to comply with this subsection.
24    (b-5) Beginning 90 days after the effective date of this 
25amendatory Act of the 102nd General Assembly, an Early 
26Approval Adult Use Dispensing Organization licensee whose 
 
 
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1license was issued pursuant to this Section may apply to 
2relocate within the same geographic district where its 
3existing associated medical cannabis dispensing organization 
4dispensary licensed under the Compassionate Use of Medical 
5Cannabis Act is authorized to operate. A request to relocate 
6under this subsection is subject to approval by the 
7Department. An Early Approval Adult Use Dispensing 
8Organization's application to relocate its license under this 
9subsection shall be deemed approved 30 days following the 
10submission of a complete application to relocate, unless 
11sooner approved or denied in writing by the Department. If an 
12application to relocate is denied, the Department shall 
13provide, in writing, the specific reason for denial.
14    An Early Approval Adult Use Dispensing Organization may 
15request to relocate under this subsection if: 
16        (1) its existing location is within the boundaries of 
17 a unit of local government that prohibits the sale of 
18 adult use cannabis; or
19        (2) the Early Approval Adult Use Dispensing 
20 Organization has obtained the approval of the municipality 
21 or, if outside the boundaries of a municipality in an 
22 unincorporated area of the county, the approval of the 
23 county where the existing license is located to move to 
24 another location within that unit of local government.
25    At no time may an Early Approval Adult Use Dispensing 
26Organization dispensary licensed under this Section operate in 
 
 
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1a separate facility from its associated medical cannabis 
2dispensing organization dispensary licensed under the 
3Compassionate Use of Medical Cannabis Act. The relocation of 
4an Early Approval Adult Use Dispensing Organization License 
5under this subsection shall be subject to Sections 55-25 and 
655-28 of this Act.
7    (c) The license fee required by paragraph (1) of 
8subsection (b) of this Section shall be in addition to any 
9license fee required for the renewal of a registered medical 
10cannabis dispensing organization license. 
11    (d) Applicants must submit all required information, 
12including the requirements in subsection (b) of this Section, 
13to the Department. Failure by an applicant to submit all 
14required information may result in the application being 
15disqualified.
16    (e) If the Department receives an application that fails 
17to provide the required elements contained in subsection (b), 
18the Department shall issue a deficiency notice to the 
19applicant. The applicant shall have 10 calendar days from the 
20date of the deficiency notice to submit complete information. 
21Applications that are still incomplete after this opportunity 
22to cure may be disqualified.
23    (f) If an applicant meets all the requirements of 
24subsection (b) of this Section, the Department shall issue the 
25Early Approval Adult Use Dispensing Organization License 
26within 14 days of receiving a completed application unless:
 
 
HB3682- 139 -LRB104 09747 BDA 19813 b


1        (1) The licensee or a principal officer is delinquent 
2 in filing any required tax returns or paying any amounts 
3 owed to the State of Illinois;
4        (2) The Secretary of Financial and Professional 
5 Regulation determines there is reason, based on documented 
6 compliance violations, the licensee is not entitled to an 
7 Early Approval Adult Use Dispensing Organization License; 
8 or
9        (3) Any principal officer fails to register and remain 
10 in compliance with this Act or the Compassionate Use of 
11 Medical Cannabis Program Act.
12    (g) A registered medical cannabis dispensing organization 
13that obtains an Early Approval Adult Use Dispensing 
14Organization License may begin selling cannabis, 
15cannabis-infused products, paraphernalia, and related items to 
16purchasers under the rules of this Act no sooner than January 
171, 2020.
18    (h) A dispensing organization holding a medical cannabis 
19dispensing organization license issued under the Compassionate 
20Use of Medical Cannabis Program Act must maintain an adequate 
21supply of cannabis and cannabis-infused products for purchase 
22by qualifying patients, caregivers, provisional patients, and 
23Opioid Alternative Pilot Program participants. For the 
24purposes of this subsection, "adequate supply" means a monthly 
25inventory level that is comparable in type and quantity to 
26those medical cannabis products provided to patients and 
 
 
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1caregivers on an average monthly basis for the 6 months before 
2the effective date of this Act.
3    (i) If there is a shortage of cannabis or cannabis-infused 
4products, a dispensing organization holding both a dispensing 
5organization license under the Compassionate Use of Medical 
6Cannabis Program Act and this Act shall prioritize serving 
7qualifying patients, caregivers, provisional patients, and 
8Opioid Alternative Pilot Program participants before serving 
9purchasers.
10    (j) Notwithstanding any law or rule to the contrary, a 
11person that holds a medical cannabis dispensing organization 
12license issued under the Compassionate Use of Medical Cannabis 
13Program Act and an Early Approval Adult Use Dispensing 
14Organization License may permit purchasers into a limited 
15access area as that term is defined in administrative rules 
16made under the authority in the Compassionate Use of Medical 
17Cannabis Program Act.
18    (k) An Early Approval Adult Use Dispensing Organization 
19License is valid until March 31, 2021. A dispensing 
20organization that obtains an Early Approval Adult Use 
21Dispensing Organization License shall receive written or 
22electronic notice 90 days before the expiration of the license 
23that the license will expire, and that informs the license 
24holder that it may apply to renew its Early Approval Adult Use 
25Dispensing Organization License on forms provided by the 
26Department. The Department shall renew the Early Approval 
 
 
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1Adult Use Dispensing Organization License within 60 days of 
2the renewal application being deemed complete if:
3        (1) the dispensing organization submits an application 
4 and the required nonrefundable renewal fee of $30,000, to 
5 be deposited into the Cannabis Regulation Fund;
6        (2) the Department has not suspended or permanently 
7 revoked the Early Approval Adult Use Dispensing 
8 Organization License or a medical cannabis dispensing 
9 organization license on the same premises for violations 
10 of this Act, the Compassionate Use of Medical Cannabis 
11 Program Act, or rules adopted pursuant to those Acts;
12        (3) the dispensing organization has completed a Social 
13 Equity Inclusion Plan as provided by parts (A), (B), and 
14 (C) of paragraph (8) of subsection (b) of this Section or 
15 has made substantial progress toward completing a Social 
16 Equity Inclusion Plan as provided by parts (D) and (E) of 
17 paragraph (8) of subsection (b) of this Section; and
18        (4) the dispensing organization is in compliance with 
19 this Act and rules.
20    (l) The Early Approval Adult Use Dispensing Organization 
21License renewed pursuant to subsection (k) of this Section 
22shall expire March 31, 2022. The Early Approval Adult Use 
23Dispensing Organization Licensee shall receive written or 
24electronic notice 90 days before the expiration of the license 
25that the license will expire, and that informs the license 
26holder that it may apply for an Adult Use Dispensing 
 
 
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1Organization License on forms provided by the Department. The 
2Department shall grant an Adult Use Dispensing Organization 
3License within 60 days of an application being deemed complete 
4if the applicant has met all of the criteria in Section 15-36.
5    (m) If a dispensing organization fails to submit an 
6application for renewal of an Early Approval Adult Use 
7Dispensing Organization License or for an Adult Use Dispensing 
8Organization License before the expiration dates provided in 
9subsections (k) and (l) of this Section, the dispensing 
10organization shall cease serving purchasers and cease all 
11operations until it receives a renewal or an Adult Use 
12Dispensing Organization License, as the case may be.
13    (n) A dispensing organization agent who holds a valid 
14dispensing organization agent identification card issued under 
15the Compassionate Use of Medical Cannabis Program Act and is 
16an officer, director, manager, or employee of the dispensing 
17organization licensed under this Section may engage in all 
18activities authorized by this Article to be performed by a 
19dispensing organization agent.
20    (o) If the Department suspends, permanently revokes, or 
21otherwise disciplines the Early Approval Adult Use Dispensing 
22Organization License of a dispensing organization that also 
23holds a medical cannabis dispensing organization license 
24issued under the Compassionate Use of Medical Cannabis Program 
25Act, the Department may consider the suspension, permanent 
26revocation, or other discipline of the medical cannabis 
 
 
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1dispensing organization license.
2    (p) All fees collected pursuant to this Section shall be 
3deposited into the Cannabis Regulation Fund, unless otherwise 
4specified.
5    (q) On and after July 1, 2025, all dispensaries which were 
6previously issued an Early Approval Adult Use Dispensing 
7Organization License pursuant to this Section shall be deemed 
8to be a dispensary pursuant to Section 15-36 of this Act.
9    (r) This section shall be repealed on January 1, 2026.    
10(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
11102-98, eff. 7-15-21.)

12    (410 ILCS 705/15-17 new)
13    Sec. 15-17. Early Approval Adult Use Dispensing 
14Organization License merger with Adult Use Dispensing 
15Organization License.
16    (a) On and after July 1, 2025, all dispensing 
17organizations previously registered as an Early Approval Adult 
18Use Dispensing Organization License shall be a dispensing 
19organization or a dispensary under this Act and shall be an 
20Adult Use Dispensing Organization License holder under Section 
2115-36 of this Act.
22    (b) The BLS Region in which the dispensing organization 
23licensee's Early Approval Adult Use Dispensing Organization 
24License was originally issued shall be considered the 
25licensee's BLS Region. The dispensing organization shall 
 
 
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1remain in that BLS Region even if the license or licensee 
2changes its ownership, is sold, is relocated under Section 
315-24 of this Act, or receives authorization under subsection 
47 (e-5) of Section 15-25.    

5    (410 ILCS 705/15-20)
6    Sec. 15-20. Early Approval Adult Use Dispensing 
7Organization License; secondary site. 
8    (a) Any medical cannabis dispensing organization holding a 
9valid registration under the Compassionate Use of Medical 
10Cannabis Program Act as of the effective date of this Act may, 
11within 60 days of the effective date of this Act, apply to the 
12Department for an Early Approval Adult Use Dispensing 
13Organization License to operate a dispensing organization to 
14serve purchasers at a secondary site not within 1,500 feet of 
15another medical cannabis dispensing organization or adult use 
16dispensing organization. The Early Approval Adult Use 
17Dispensing Organization secondary site shall be within any BLS 
18Region that shares territory with the dispensing organization 
19district to which the medical cannabis dispensing organization 
20is assigned under the administrative rules for dispensing 
21organizations under the Compassionate Use of Medical Cannabis 
22Program Act.
23    (a-5) If, within 360 days of the effective date of this 
24Act, a dispensing organization is unable to find a location 
25within the BLS Regions prescribed in subsection (a) of this 
 
 
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1Section in which to operate an Early Approval Adult Use 
2Dispensing Organization at a secondary site because no 
3jurisdiction within the prescribed area allows the operation 
4of an Adult Use Cannabis Dispensing Organization, the 
5Department of Financial and Professional Regulation may waive 
6the geographic restrictions of subsection (a) of this Section 
7and specify another BLS Region into which the dispensary may 
8be placed.
9    (b) (Blank). 
10    (c) A medical cannabis dispensing organization seeking 
11issuance of an Early Approval Adult Use Dispensing 
12Organization License at a secondary site to serve purchasers 
13at a secondary site as prescribed in subsection (a) of this 
14Section shall submit an application on forms provided by the 
15Department. The application must meet or include the following 
16qualifications:
17        (1) a payment of a nonrefundable application fee of 
18 $30,000;
19        (2) proof of registration as a medical cannabis 
20 dispensing organization that is in good standing;
21        (3) submission of the application by the same person 
22 or entity that holds the medical cannabis dispensing 
23 organization registration;
24        (4) the legal name of the medical cannabis dispensing 
25 organization;
26        (5) the physical address of the medical cannabis 
 
 
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1 dispensing organization and the proposed physical address 
2 of the secondary site; 
3        (6) a copy of the current local zoning ordinance 
4 Sections relevant to dispensary operations and 
5 documentation of the approval, the conditional approval or 
6 the status of a request for zoning approval from the local 
7 zoning office that the proposed dispensary location is in 
8 compliance with the local zoning rules;
9        (7) a plot plan of the dispensary drawn to scale. The 
10 applicant shall submit general specifications of the 
11 building exterior and interior layout;
12        (8) a statement that the dispensing organization 
13 agrees to respond to the Department's supplemental 
14 requests for information;
15        (9) for the building or land to be used as the proposed 
16 dispensary:
17            (A) if the property is not owned by the applicant, 
18 a written statement from the property owner and 
19 landlord, if any, certifying consent that the 
20 applicant may operate a dispensary on the premises; or
21            (B) if the property is owned by the applicant, 
22 confirmation of ownership;
23        (10) a copy of the proposed operating bylaws;
24        (11) a copy of the proposed business plan that 
25 complies with the requirements in this Act, including, at 
26 a minimum, the following:
 
 
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1            (A) a description of services to be offered; and 
2            (B) a description of the process of dispensing 
3 cannabis;
4        (12) a copy of the proposed security plan that 
5 complies with the requirements in this Article, including:
6            (A) a description of the delivery process by which 
7 cannabis will be received from a transporting 
8 organization, including receipt of manifests and 
9 protocols that will be used to avoid diversion, theft, 
10 or loss at the dispensary acceptance point; and
11            (B) the process or controls that will be 
12 implemented to monitor the dispensary, secure the 
13 premises, agents, patients, and currency, and prevent 
14 the diversion, theft, or loss of cannabis; and 
15            (C) the process to ensure that access to the 
16 restricted access areas is restricted to, registered 
17 agents, service professionals, transporting 
18 organization agents, Department inspectors, and 
19 security personnel;
20        (13) a proposed inventory control plan that complies 
21 with this Section;
22        (14) the name, address, social security number, and 
23 date of birth of each principal officer and board member 
24 of the dispensing organization; each of those individuals 
25 shall be at least 21 years of age; 
26        (15) a nonrefundable Cannabis Business Development Fee 
 
 
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1 equal to $200,000, to be deposited into the Cannabis 
2 Business Development Fund; and
3        (16) a commitment to completing one of the following 
4 Social Equity Inclusion Plans in subsection (d).
5    (d) Before receiving an Early Approval Adult Use 
6Dispensing Organization License at a secondary site, a 
7dispensing organization shall indicate the Social Equity 
8Inclusion Plan that the applicant plans to achieve before the 
9expiration of the Early Approval Adult Use Dispensing 
10Organization License from the list below:
11        (1) make a contribution of 3% of total sales from June 
12 1, 2018 to June 1, 2019, or $100,000, whichever is less, to 
13 the Cannabis Business Development Fund. This is in 
14 addition to the fee required by paragraph (16) of 
15 subsection (c) of this Section;
16        (2) make a grant of 3% of total sales from June 1, 2018 
17 to June 1, 2019, or $100,000, whichever is less, to a 
18 cannabis industry training or education program at an 
19 Illinois community college as defined in the Public 
20 Community College Act;
21        (3) make a donation of $100,000 or more to a program 
22 that provides job training services to persons recently 
23 incarcerated or that operates in a Disproportionately 
24 Impacted Area;
25        (4) participate as a host in a cannabis business 
26 establishment incubator program approved by the Department 
 
 
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1 of Commerce and Economic Opportunity, and in which an 
2 Early Approval Adult Use Dispensing Organization License 
3 at a secondary site holder agrees to provide a loan of at 
4 least $100,000 and mentorship to incubate, for at least a 
5 year, a Social Equity Applicant intending to seek a 
6 license or a licensee that qualifies as a Social Equity 
7 Applicant. In this paragraph (4), "incubate" means 
8 providing direct financial assistance and training 
9 necessary to engage in licensed cannabis industry activity 
10 similar to that of the host licensee. The Early Approval 
11 Adult Use Dispensing Organization License holder or the 
12 same entity holding any other licenses issued under this 
13 Act shall not take an ownership stake of greater than 10% 
14 in any business receiving incubation services to comply 
15 with this subsection. If an Early Approval Adult Use 
16 Dispensing Organization License at a secondary site holder 
17 fails to find a business to incubate in order to comply 
18 with this subsection before its Early Approval Adult Use 
19 Dispensing Organization License at a secondary site 
20 expires, it may opt to meet the requirement of this 
21 subsection by completing another item from this subsection 
22 before the expiration of its Early Approval Adult Use 
23 Dispensing Organization License at a secondary site to 
24 avoid a penalty; or
25        (5) participate in a sponsorship program for at least 
26 2 years approved by the Department of Commerce and 
 
 
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1 Economic Opportunity in which an Early Approval Adult Use 
2 Dispensing Organization License at a secondary site holder 
3 agrees to provide an interest-free loan of at least 
4 $200,000 to a Social Equity Applicant. The sponsor shall 
5 not take an ownership stake of greater than 10% in any 
6 business receiving sponsorship services to comply with 
7 this subsection.
8    (e) The license fee required by paragraph (1) of 
9subsection (c) of this Section is in addition to any license 
10fee required for the renewal of a registered medical cannabis 
11dispensing organization license. 
12    (f) Applicants must submit all required information, 
13including the requirements in subsection (c) of this Section, 
14to the Department. Failure by an applicant to submit all 
15required information may result in the application being 
16disqualified. Principal officers shall not be required to 
17submit to the fingerprint and background check requirements of 
18Section 5-20.
19    (g) If the Department receives an application that fails 
20to provide the required elements contained in subsection (c), 
21the Department shall issue a deficiency notice to the 
22applicant. The applicant shall have 10 calendar days from the 
23date of the deficiency notice to submit complete information. 
24Applications that are still incomplete after this opportunity 
25to cure may be disqualified.
26    (h) Once all required information and documents have been 
 
 
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1submitted, the Department will review the application. The 
2Department may request revisions and retains final approval 
3over dispensary features. Once the application is complete and 
4meets the Department's approval, the Department shall 
5conditionally approve the license. Final approval is 
6contingent on the build-out and Department inspection.
7    (i) Upon submission of the Early Approval Adult Use 
8Dispensing Organization at a secondary site application, the 
9applicant shall request an inspection and the Department may 
10inspect the Early Approval Adult Use Dispensing Organization's 
11secondary site to confirm compliance with the application and 
12this Act.
13    (j) The Department shall only issue an Early Approval 
14Adult Use Dispensing Organization License at a secondary site 
15after the completion of a successful inspection.
16    (k) If an applicant passes the inspection under this 
17Section, the Department shall issue the Early Approval Adult 
18Use Dispensing Organization License at a secondary site within 
1910 business days unless:
20        (1) the The licensee, any principal officer or board 
21 member of the licensee, or any person having a financial 
22 or voting interest of 5% or greater in the licensee is 
23 delinquent in filing any required tax returns or paying 
24 any amounts owed to the State of Illinois; or
25        (2) the The Secretary of Financial and Professional 
26 Regulation determines there is reason, based on documented 
 
 
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1 compliance violations, the licensee is not entitled to an 
2 Early Approval Adult Use Dispensing Organization License 
3 at its secondary site.
4    (l) Once the Department has issued a license, the 
5dispensing organization shall notify the Department of the 
6proposed opening date. 
7    (m) A registered medical cannabis dispensing organization 
8that obtains an Early Approval Adult Use Dispensing 
9Organization License at a secondary site may begin selling 
10cannabis, cannabis-infused products, paraphernalia, and 
11related items to purchasers under the rules of this Act no 
12sooner than January 1, 2020.
13    (n) If there is a shortage of cannabis or cannabis-infused 
14products, a dispensing organization holding both a dispensing 
15organization license under the Compassionate Use of Medical 
16Cannabis Program Act and this Article shall prioritize serving 
17qualifying patients and caregivers before serving purchasers.
18    (o) An Early Approval Adult Use Dispensing Organization 
19License at a secondary site is valid until March 31, 2021. A 
20dispensing organization that obtains an Early Approval Adult 
21Use Dispensing Organization License at a secondary site shall 
22receive written or electronic notice 90 days before the 
23expiration of the license that the license will expire, and 
24inform the license holder that it may renew its Early Approval 
25Adult Use Dispensing Organization License at a secondary site. 
26The Department shall renew an Early Approval Adult Use 
 
 
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1Dispensing Organization License at a secondary site within 60 
2days of submission of the renewal application being deemed 
3complete if:
4        (1) the dispensing organization submits an application 
5 and the required nonrefundable renewal fee of $30,000, to 
6 be deposited into the Cannabis Regulation Fund;
7        (2) the Department has not suspended or permanently 
8 revoked the Early Approval Adult Use Dispensing 
9 Organization License or a medical cannabis dispensing 
10 organization license held by the same person or entity for 
11 violating this Act or rules adopted under this Act or the 
12 Compassionate Use of Medical Cannabis Program Act or rules 
13 adopted under that Act; and
14        (3) the dispensing organization has completed a Social 
15 Equity Inclusion Plan provided by paragraph (1), (2), or 
16 (3) of subsection (d) of this Section or has made 
17 substantial progress toward completing a Social Equity 
18 Inclusion Plan provided by paragraph (4) or (5) of 
19 subsection (d) of this Section. 
20    (p) The Early Approval Adult Use Dispensing Organization 
21Licensee at a secondary site renewed pursuant to subsection 
22(o) shall receive written or electronic notice 90 days before 
23the expiration of the license that the license will expire, 
24and that informs the license holder that it may apply for an 
25Adult Use Dispensing Organization License on forms provided by 
26the Department. The Department shall grant an Adult Use 
 
 
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1Dispensing Organization License within 60 days of an 
2application being deemed complete if the applicant has meet 
3all of the criteria in Section 15-36.
4    (q) If a dispensing organization fails to submit an 
5application for renewal of an Early Approval Adult Use 
6Dispensing Organization License or for an Adult Use Dispensing 
7Organization License before the expiration dates provided in 
8subsections (o) and (p) of this Section, the dispensing 
9organization shall cease serving purchasers until it receives 
10a renewal or an Adult Use Dispensing Organization License.
11    (r) A dispensing organization agent who holds a valid 
12dispensing organization agent identification card issued under 
13the Compassionate Use of Medical Cannabis Program Act and is 
14an officer, director, manager, or employee of the dispensing 
15organization licensed under this Section may engage in all 
16activities authorized by this Article to be performed by a 
17dispensing organization agent.
18    (s) If the Department suspends, permanently revokes, or 
19otherwise disciplines the Early Approval Adult Use Dispensing 
20Organization License of a dispensing organization that also 
21holds a medical cannabis dispensing organization license 
22issued under the Compassionate Use of Medical Cannabis Program 
23Act, the Department may consider the suspension, permanent 
24revocation, or other discipline as grounds to take 
25disciplinary action against the medical cannabis dispensing 
26organization.
 
 
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1    (t) All fees collected pursuant to this Section shall be 
2deposited into the Cannabis Regulation Fund, unless otherwise 
3specified. 
4    (u) On and after July 1, 2025, all dispensaries that were 
5previously issued an Early Approval Adult Use Dispensing 
6Organization at a secondary site license pursuant to this 
7Section shall be deemed to be a dispensary pursuant to Section 
815-36 of this Act.
9    (v) This section shall be repealed on January 1, 2026.    
10(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
11revised 7-19-24.)

12    (410 ILCS 705/15-23 new)
13    Sec. 15-23. Early Approval Adult Use Dispensing 
14Organization at a secondary site license merger with Adult Use 
15Dispensing Organization license.
16    (a) On and after July 1, 2025, all dispensing 
17organizations previously registered as an Early Approval Adult 
18Use Dispensing Organization at a secondary site license shall 
19be a dispensing organization or a dispensary under this Act 
20and shall be an Adult Use Dispensing Organization License 
21holder under Section 15-36 of this Act.
22    (b) The BLS Region in which the dispensing organization 
23licensee's Early Approval Adult Use Dispensing Organization at 
24a secondary site license was originally issued shall be 
25considered the licensee's BLS Region. The dispensing 
 
 
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1organization shall remain in that BLS Region even if the 
2license or licensee changes its ownership, is sold, is 
3relocated under Section 15-24 of this Act, or receives 
4authorization under subsection 7 (e-5) of Section 15-25

5    (410 ILCS 705/15-24 new)
6    Sec. 15-24. Adult Use Dispensing Organization Licensee 
7relocation.
8    (a) An Adult Use Dispensing Organization licensee may 
9apply to relocate within the Licensee's specific BLS Region 
10consistent with this Section. A request to relocate under this 
11Section is subject to approval by the Department. An Adult Use 
12Dispensing Organization's application to relocate its license 
13under this Section shall be considered to be approved 30 days 
14following the submission of a complete application to 
15relocate, unless the request is sooner approved or denied in 
16writing by the Department. If an application to relocate is 
17denied, the Department shall provide, in writing, the specific 
18reason for denial. An Adult Use Dispensing Organization may 
19request to relocate under this Section only if:
20        (1) the Adult Use Dispensing Organization's existing 
21 location is within the boundaries of a unit of local 
22 government that prohibits the sale of adult use cannabis;
23        (2) the Adult Use Dispensing Organization has obtained 
24 the zoning approval of a new location by the municipality 
25 it currently operates in if the new location is within 
 
 
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1 that same municipality, or if outside the boundaries of a 
2 municipality in an unincorporated area of the county, the 
3 zoning approval of a new location by the county where it 
4 currently operates in if the new location is within the 
5 same county, to move to a different location within that 
6 unit of local government; or
7        (3) the Adult Use Dispensing Organization has obtained 
8 the approval, as evidenced by a letter of intent or full 
9 zoning approval, to operate within the boundaries of a new 
10 unit of local government, so long as the new unit of local 
11 government is within the dispensing organization's 
12 specific BLS Region.
13    (b) The relocation of an Adult Use Dispensing Organization 
14Licensee under this Section shall be subject to Sections 55-25 
15and 55-28.

16    (410 ILCS 705/15-25)
17    Sec. 15-25. Awarding of Conditional Adult Use Dispensing 
18Organization Licenses prior to January 1, 2021. 
19    (a) The Department shall issue up to 75 Conditional Adult 
20Use Dispensing Organization Licenses before May 1, 2020.
21    (b) The Department shall make the application for a 
22Conditional Adult Use Dispensing Organization License 
23available no later than October 1, 2019 and shall accept 
24applications no later than January 1, 2020.
25    (c) To ensure the geographic dispersion of Conditional 
 
 
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1Adult Use Dispensing Organization License holders, the 
2following number of licenses shall be awarded in each BLS 
3Region as determined by each region's percentage of the 
4State's population: 
5        (1) Bloomington: 1
6        (2) Cape Girardeau: 1
7        (3) Carbondale-Marion: 1
8        (4) Champaign-Urbana: 1
9        (5) Chicago-Naperville-Elgin: 47
10        (6) Danville: 1
11        (7) Davenport-Moline-Rock Island: 1
12        (8) Decatur: 1
13        (9) Kankakee: 1
14        (10) Peoria: 3
15        (11) Rockford: 2
16        (12) St. Louis: 4
17        (13) Springfield: 1
18        (14) Northwest Illinois nonmetropolitan: 3
19        (15) West Central Illinois nonmetropolitan: 3
20        (16) East Central Illinois nonmetropolitan: 2
21        (17) South Illinois nonmetropolitan: 2
22    (d) An applicant seeking issuance of a Conditional Adult 
23Use Dispensing Organization License shall submit an 
24application on forms provided by the Department. An applicant 
25must meet the following requirements:
26        (1) Payment of a nonrefundable application fee of 
 
 
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1 $5,000 for each license for which the applicant is 
2 applying, which shall be deposited into the Cannabis 
3 Regulation Fund;
4        (2) Certification that the applicant will comply with 
5 the requirements contained in this Act;
6        (3) The legal name of the proposed dispensing 
7 organization;
8        (4) A statement that the dispensing organization 
9 agrees to respond to the Department's supplemental 
10 requests for information; 
11        (5) From each principal officer, a statement 
12 indicating whether that person:
13            (A) has previously held or currently holds an 
14 ownership interest in a cannabis business 
15 establishment in Illinois; or
16            (B) has held an ownership interest in a dispensing 
17 organization or its equivalent in another state or 
18 territory of the United States that had the dispensing 
19 organization registration or license suspended, 
20 revoked, placed on probationary status, or subjected 
21 to other disciplinary action;
22        (6) Disclosure of whether any principal officer has 
23 ever filed for bankruptcy or defaulted on spousal support 
24 or child support obligation;
25        (7) A resume for each principal officer, including 
26 whether that person has an academic degree, certification, 
 
 
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1 or relevant experience with a cannabis business 
2 establishment or in a related industry;
3        (8) A description of the training and education that 
4 will be provided to dispensing organization agents;
5        (9) A copy of the proposed operating bylaws;
6        (10) A copy of the proposed business plan that 
7 complies with the requirements in this Act, including, at 
8 a minimum, the following:
9            (A) A description of services to be offered; and 
10            (B) A description of the process of dispensing 
11 cannabis;
12        (11) A copy of the proposed security plan that 
13 complies with the requirements in this Article, including: 
14            (A) The process or controls that will be 
15 implemented to monitor the dispensary, secure the 
16 premises, agents, and currency, and prevent the 
17 diversion, theft, or loss of cannabis; and 
18            (B) The process to ensure that access to the 
19 restricted access areas is restricted to, registered 
20 agents, service professionals, transporting 
21 organization agents, Department inspectors, and 
22 security personnel;
23        (12) A proposed inventory control plan that complies 
24 with this Section;
25        (13) A proposed floor plan, a square footage estimate, 
26 and a description of proposed security devices, including, 
 
 
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1 without limitation, cameras, motion detectors, servers, 
2 video storage capabilities, and alarm service providers;
3        (14) The name, address, social security number, and 
4 date of birth of each principal officer and board member 
5 of the dispensing organization; each of those individuals 
6 shall be at least 21 years of age; 
7        (15) Evidence of the applicant's status as a Social 
8 Equity Applicant, if applicable, and whether a Social 
9 Equity Applicant plans to apply for a loan or grant issued 
10 by the Department of Commerce and Economic Opportunity;
11        (16) The address, telephone number, and email address 
12 of the applicant's principal place of business, if 
13 applicable. A post office box is not permitted;
14        (17) Written summaries of any information regarding 
15 instances in which a business or not-for-profit that a 
16 prospective board member previously managed or served on 
17 were fined or censured, or any instances in which a 
18 business or not-for-profit that a prospective board member 
19 previously managed or served on had its registration 
20 suspended or revoked in any administrative or judicial 
21 proceeding;
22        (18) A plan for community engagement;
23        (19) Procedures to ensure accurate recordkeeping and 
24 security measures that are in accordance with this Article 
25 and Department rules;
26        (20) The estimated volume of cannabis it plans to 
 
 
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1 store at the dispensary;
2        (21) A description of the features that will provide 
3 accessibility to purchasers as required by the Americans 
4 with Disabilities Act;
5        (22) A detailed description of air treatment systems 
6 that will be installed to reduce odors;
7        (23) A reasonable assurance that the issuance of a 
8 license will not have a detrimental impact on the 
9 community in which the applicant wishes to locate;
10        (24) The dated signature of each principal officer;
11        (25) A description of the enclosed, locked facility 
12 where cannabis will be stored by the dispensing 
13 organization;
14        (26) Signed statements from each dispensing 
15 organization agent stating that he or she will not divert 
16 cannabis;
17        (27) The number of licenses it is applying for in each 
18 BLS Region;
19        (28) A diversity plan that includes a narrative of at 
20 least 2,500 words that establishes a goal of diversity in 
21 ownership, management, employment, and contracting to 
22 ensure that diverse participants and groups are afforded 
23 equality of opportunity;
24        (29) A contract with a private security contractor 
25 agency that is licensed under Section 10-5 of the Private 
26 Detective, Private Alarm, Private Security, Fingerprint 
 
 
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1 Vendor, and Locksmith Act of 2004 in order for the 
2 dispensary to have adequate security at its facility; and
3        (30) Other information deemed necessary by the 
4 Illinois Cannabis Regulation Oversight Officer to conduct 
5 the disparity and availability study referenced in 
6 subsection (e) of Section 5-45. 
7    (e) An applicant who receives a Conditional Adult Use 
8Dispensing Organization License under this Section has 180 
9days from the date of award to identify a physical location for 
10the dispensing organization retail storefront. The applicant 
11shall provide evidence that the location is not within 1,500 
12feet of an existing dispensing organization, unless the 
13applicant is a Social Equity Applicant or Social Equity 
14Justice Involved Applicant located or seeking to locate within 
151,500 feet of a dispensing organization licensed under Section 
1615-15 or Section 15-20. If an applicant is unable to find a 
17suitable physical address in the opinion of the Department 
18within 180 days of the issuance of the Conditional Adult Use 
19Dispensing Organization License, the Department may extend the 
20period for finding a physical address an additional 540 days 
21if the Conditional Adult Use Dispensing Organization License 
22holder demonstrates concrete attempts to secure a location and 
23a hardship. If the Department denies the extension or the 
24Conditional Adult Use Dispensing Organization License holder 
25is unable to either find a location within 720 days of being 
26awarded a conditional license and become operational within 
 
 
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1180 days thereafter, or become operational within 720 days of 
2being awarded a conditional license, the Department may, 
3considering the totality of the circumstances, rescind the 
4conditional license. If the conditional license holder does 
5not become operational within 365 days after having found a 
6location, the Department may mandate a date by which the 
7conditional license holder shall become operational prior to 
8the Department rescinding the conditional license. If the 
9Department rescinds shall rescind the conditional license, it 
10may issue and award it to the next highest scoring applicant in 
11the BLS Region for which the license was assigned, provided 
12the applicant receiving the license: (i) confirms a continued 
13interest in operating a dispensing organization; (ii) can 
14provide evidence that the applicant continues to meet all 
15requirements for holding a Conditional Adult Use Dispensing 
16Organization License set forth in this Act; and (iii) has not 
17otherwise become ineligible to be awarded a dispensing 
18organization license. If the new awardee is unable to accept 
19the Conditional Adult Use Dispensing Organization License, the 
20Department may issue shall award the Conditional Adult Use 
21Dispensing Organization License to the next highest scoring 
22applicant in the same manner. The new awardee shall be subject 
23to the same required deadlines as provided in this subsection.
24    (e-5) If, within 720 days of being awarded a Conditional 
25Adult Use Dispensing Organization License, a dispensing 
26organization is unable to find a location within the BLS 
 
 
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1Region in which it was awarded a Conditional Adult Use 
2Dispensing Organization License because no jurisdiction within 
3the BLS Region allows for the operation of an Adult Use 
4Dispensing Organization, the Department of Financial and 
5Professional Regulation may authorize the Conditional Adult 
6Use Dispensing Organization License holder to transfer its 
7license to a BLS Region specified by the Department.
8    (f) A dispensing organization that is awarded a 
9Conditional Adult Use Dispensing Organization License pursuant 
10to the criteria in Section 15-30 shall not purchase, possess, 
11sell, or dispense cannabis or cannabis-infused products until 
12the person has received an Adult Use Dispensing Organization 
13License issued by the Department pursuant to Section 15-36 of 
14this Act.
15    (g) The Department shall conduct a background check of the 
16prospective organization agents in order to carry out this 
17Article. The Illinois State Police shall charge the applicant 
18a fee for conducting the criminal history record check, which 
19shall be deposited into the State Police Services Fund and 
20shall not exceed the actual cost of the record check. Each 
21person applying as a dispensing organization agent shall 
22submit a full set of fingerprints to the Illinois State Police 
23for the purpose of obtaining a State and federal criminal 
24records check. These fingerprints shall be checked against the 
25fingerprint records now and hereafter, to the extent allowed 
26by law, filed in the Illinois State Police and Federal Bureau 
 
 
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1of Identification criminal history records databases. The 
2Illinois State Police shall furnish, following positive 
3identification, all Illinois conviction information to the 
4Department.
5(Source: P.A. 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 
6102-813, eff. 5-13-22; 103-8, eff. 6-7-23.)

7    (410 ILCS 705/15-35)
8    Sec. 15-35. Qualifying Applicant Lottery for Conditional 
9Adult Use Dispensing Organization Licenses. 
10    (a) In addition to any of the licenses issued under 
11Section 15-15, Section 15-20, Section 15-25, Section 15-30.20, 
12or Section 15-35.10 of this Act, within 10 business days after 
13the resulting final scores for all scored applications 
14pursuant to Sections 15-25 and 15-30 are released, the 
15Department shall issue up to 55 Conditional Adult Use 
16Dispensing Organization Licenses by lot, pursuant to the 
17application process adopted under this Section. In order to be 
18eligible to be awarded a Conditional Adult Use Dispensing 
19Organization License by lot under this Section, a Dispensary 
20Applicant must be a Qualifying Applicant.
21    The licenses issued under this Section shall be awarded in 
22each BLS Region in the following amounts: 
23        (1) Bloomington: 1.
24        (2) Cape Girardeau: 1.
25        (3) Carbondale-Marion: 1.
 
 
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1        (4) Champaign-Urbana: 1.
2        (5) Chicago-Naperville-Elgin: 36.
3        (6) Danville: 1.
4        (7) Davenport-Moline-Rock Island: 1.
5        (8) Decatur: 1.
6        (9) Kankakee: 1.
7        (10) Peoria: 2.
8        (11) Rockford: 1.
9        (12) St. Louis: 3.
10        (13) Springfield: 1.
11        (14) Northwest Illinois nonmetropolitan: 1.
12        (15) West Central Illinois nonmetropolitan: 1.
13        (16) East Central Illinois nonmetropolitan: 1.
14        (17) South Illinois nonmetropolitan: 1.
15    (a-5) Prior to issuing licenses under subsection (a), the 
16Department may adopt rules through emergency rulemaking in 
17accordance with subsection (kk) of Section 5-45 of the 
18Illinois Administrative Procedure Act. The General Assembly 
19finds that the adoption of rules to regulate cannabis use is 
20deemed an emergency and necessary for the public interest, 
21safety, and welfare.
22    (b) The Department shall distribute the available licenses 
23established under this Section subject to the following:
24        (1) The drawing by lot for all available licenses 
25 issued under this Section shall occur on the same day when 
26 practicable.
 
 
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1        (2) Within each BLS Region, the first Qualifying 
2 Applicant drawn will have the first right to an available 
3 license. The second Qualifying Applicant drawn will have 
4 the second right to an available license. The same pattern 
5 will continue for each subsequent Qualifying Applicant 
6 drawn.
7        (3) The process for distributing available licenses 
8 under this Section shall be recorded by the Department in 
9 a format selected by the Department. 
10        (4) A Dispensary Applicant is prohibited from becoming 
11 a Qualifying Applicant if a principal officer resigns 
12 after the resulting final scores for all scored 
13 applications pursuant to Sections 15-25 and 15-30 are 
14 released.
15        (5) No Qualifying Applicant may be awarded more than 2 
16 Conditional Adult Use Dispensing Organization Licenses at 
17 the conclusion of a lottery conducted under this Section.
18        (6) No individual may be listed as a principal officer 
19 of more than 2 Conditional Adult Use Dispensing 
20 Organization Licenses awarded under this Section.
21        (7) If, upon being selected for an available license 
22 established under this Section, a Qualifying Applicant 
23 exceeds the limits under paragraph (5) or (6), the 
24 Qualifying Applicant must choose which license to abandon 
25 and notify the Department in writing within 5 business 
26 days. If the Qualifying Applicant does not notify the 
 
 
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1 Department as required, the Department shall refuse to 
2 issue the Qualifying Applicant all available licenses 
3 established under this Section obtained by lot in all BLS 
4 Regions.
5        (8) If, upon being selected for an available license 
6 established under this Section, a Qualifying Applicant has 
7 a principal officer who is a principal officer in more 
8 than 10 Early Approval Adult Use Dispensing Organization 
9 Licenses, Conditional Adult Use Dispensing Organization 
10 Licenses, Adult Use Dispensing Organization Licenses, or 
11 any combination thereof, the licensees and the Qualifying 
12 Applicant listing that principal officer must choose which 
13 license to abandon pursuant to subsection (d) of Section 
14 15-36 and notify the Department in writing within 5 
15 business days. If the Qualifying Applicant or licensees do 
16 not notify the Department as required, the Department 
17 shall refuse to issue the Qualifying Applicant all 
18 available licenses established under this Section obtained 
19 by lot in all BLS Regions.
20        (9) All available licenses that have been abandoned 
21 under paragraph (7) or (8) shall be distributed to the 
22 next Qualifying Applicant drawn by lot.
23    Any and all rights conferred or obtained under this 
24Section shall be limited to the provisions of this Section.
25    (c) An applicant who receives a Conditional Adult Use 
26Dispensing Organization License under this Section has 180 
 
 
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1days from the date it is awarded to identify a physical 
2location for the dispensing organization's retail storefront. 
3The applicant shall provide evidence that the location is not 
4within 1,500 feet of an existing dispensing organization, 
5unless the applicant is a Social Equity Applicant or Social 
6Equity Justice Involved Applicant located or seeking to locate 
7within 1,500 feet of a dispensing organization licensed under 
8Section 15-15 or Section 15-20. If an applicant is unable to 
9find a suitable physical address in the opinion of the 
10Department within 180 days from the issuance of the 
11Conditional Adult Use Dispensing Organization License, the 
12Department may extend the period for finding a physical 
13address an additional 540 days if the Conditional Adult Use 
14Dispensing Organization License holder demonstrates a concrete 
15attempt to secure a location and a hardship. If the Department 
16denies the extension or the Conditional Adult Use Dispensing 
17Organization License holder is unable to either find a 
18location within 720 days of being awarded a conditional 
19license and become operational within 180 days thereafter, or 
20become operational within 720 days of being awarded a 
21Conditional Adult Use Dispensing Organization License under 
22this Section, the Department may, considering the totality of 
23the circumstances, rescind the conditional license. If the 
24conditional license holder does not become operational within 
25365 days after having found a location, the Department may 
26mandate a date by which the conditional license holder shall 
 
 
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1become operational prior to the Department rescinding the 
2conditional license. If the Department rescinds shall rescind    
3the Conditional Adult Use Dispensing Organization License, it 
4may issue and award it pursuant to subsection (b), provided 
5the applicant receiving the Conditional Adult Use Dispensing 
6Organization License: (i) confirms a continued interest in 
7operating a dispensing organization; (ii) can provide evidence 
8that the applicant continues to meet all requirements for 
9holding a Conditional Adult Use Dispensing Organization 
10License set forth in this Act; and (iii) has not otherwise 
11become ineligible to be awarded a Conditional Adult Use 
12Dispensing Organization License. If the new awardee is unable 
13to accept the Conditional Adult Use Dispensing Organization 
14License, the Department may issue shall award the Conditional 
15Adult Use Dispensing Organization License pursuant to 
16subsection (b). The new conditional license holder awardee    
17shall be subject to the same required deadlines as provided in 
18this subsection.
19    (d) If, within 720 days of being awarded a Conditional 
20Adult Use Dispensing Organization License, a dispensing 
21organization is unable to find a location within the BLS 
22Region in which it was awarded a Conditional Adult Use 
23Dispensing Organization License because no jurisdiction within 
24the BLS Region allows for the operation of an Adult Use 
25Dispensing Organization, the Department may authorize the 
26Conditional Adult Use Dispensing Organization License holder 
 
 
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1to transfer its Conditional Adult Use Dispensing Organization 
2License to a BLS Region specified by the Department.
3    (e) A dispensing organization that is awarded a 
4Conditional Adult Use Dispensing Organization License under 
5this Section shall not purchase, possess, sell, or dispense 
6cannabis or cannabis-infused products until the dispensing 
7organization has received an Adult Use Dispensing Organization 
8License issued by the Department pursuant to Section 15-36.
9    (f) The Department shall conduct a background check of the 
10prospective dispensing organization agents in order to carry 
11out this Article. The Illinois State Police shall charge the 
12applicant a fee for conducting the criminal history record 
13check, which shall be deposited into the State Police Services 
14Fund and shall not exceed the actual cost of the record check. 
15Each person applying as a dispensing organization agent shall 
16submit a full set of fingerprints to the Illinois State Police 
17for the purpose of obtaining a State and federal criminal 
18records check. These fingerprints shall be checked against the 
19fingerprint records now and hereafter, to the extent allowed 
20by law, filed with the Illinois State Police and the Federal 
21Bureau of Investigation criminal history records databases. 
22The Illinois State Police shall furnish, following positive 
23identification, all Illinois conviction information to the 
24Department.
25    (g) The Department may verify information contained in 
26each application and accompanying documentation to assess the 
 
 
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1applicant's veracity and fitness to operate a dispensing 
2organization.
3    (h) The Department may, in its discretion, refuse to issue 
4authorization to an applicant who meets any of the following 
5criteria:
6        (1) An applicant who is unqualified to perform the 
7 duties required of the applicant.
8        (2) An applicant who fails to disclose or states 
9 falsely any information called for in the application.
10        (3) An applicant who has been found guilty of a 
11 violation of this Act, who has had any disciplinary order 
12 entered against the applicant by the Department, who has 
13 entered into a disciplinary or nondisciplinary agreement 
14 with the Department, whose medical cannabis dispensing 
15 organization, medical cannabis cultivation organization, 
16 Early Approval Adult Use Dispensing Organization License, 
17 Early Approval Adult Use Dispensing Organization License 
18 at a secondary site, Early Approval Cultivation Center 
19 License, Conditional Adult Use Dispensing Organization 
20 License, or Adult Use Dispensing Organization License was 
21 suspended, restricted, revoked, or denied for just cause, 
22 or whose cannabis business establishment license was 
23 suspended, restricted, revoked, or denied in any other 
24 state.
25        (4) An applicant who has engaged in a pattern or 
26 practice of unfair or illegal practices, methods, or 
 
 
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1 activities in the conduct of owning a cannabis business 
2 establishment or other business.
3    (i) The Department shall deny issuance of a license under 
4this Section if any principal officer, board member, or person 
5having a financial or voting interest of 5% or greater in the 
6licensee is delinquent in filing any required tax return or 
7paying any amount owed to the State of Illinois.
8    (j) The Department shall verify an applicant's compliance 
9with the requirements of this Article and rules adopted under 
10this Article before issuing a Conditional Adult Use Dispensing 
11Organization License under this Section.
12    (k) If an applicant is awarded a Conditional Adult Use 
13Dispensing Organization License under this Section, the 
14information and plans provided in the application, including 
15any plans submitted for bonus points, shall become a condition 
16of the Conditional Adult Use Dispensing Organization License 
17and any Adult Use Dispensing Organization License issued to 
18the holder of the Conditional Adult Use Dispensing 
19Organization License, except as otherwise provided by this Act 
20or by rule. A dispensing organization has a duty to disclose 
21any material changes to the application. The Department shall 
22review all material changes disclosed by the dispensing 
23organization and may reevaluate its prior decision regarding 
24the awarding of a Conditional Adult Use Dispensing 
25Organization License, including, but not limited to, 
26suspending or permanently revoking a Conditional Adult Use 
 
 
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1Dispensing Organization License. Failure to comply with the 
2conditions or requirements in the application may subject the 
3dispensing organization to discipline up to and including 
4suspension or permanent revocation of its authorization or 
5Conditional Adult Use Dispensing Organization License by the 
6Department.
7    (l) If an applicant has not begun operating as a 
8dispensing organization within one year after the issuance of 
9the Conditional Adult Use Dispensing Organization License 
10under this Section, the Department may permanently revoke the 
11Conditional Adult Use Dispensing Organization License and 
12award it to the next highest scoring applicant in the BLS 
13Region if a suitable applicant indicates a continued interest 
14in the Conditional Adult Use Dispensing Organization License 
15or may begin a new selection process to award a Conditional 
16Adult Use Dispensing Organization License.
17(Source: P.A. 102-98, eff. 7-15-21; 103-8, eff. 6-7-23.)

18    (410 ILCS 705/15-35.10)
19    Sec. 15-35.10. Social Equity Justice Involved Lottery for 
20Conditional Adult Use Dispensing Organization Licenses.
21    (a) In addition to any of the licenses issued under 
22Section 15-15, Section 15-20, Section 15-25, Section 15-30.20, 
23or Section 15-35, within 10 business days after the resulting 
24final scores for all scored applications pursuant to Sections 
2515-25 and 15-30 are released, the Department shall issue up to 
 
 
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155 Conditional Adult Use Dispensing Organization Licenses by 
2lot, pursuant to the application process adopted under this 
3Section. In order to be eligible to be awarded a Conditional 
4Adult Use Dispensing Organization License by lot, a Dispensary 
5Applicant must be a Qualifying Social Equity Justice Involved 
6Applicant.
7    The licenses issued under this Section shall be awarded in 
8each BLS Region in the following amounts: 
9        (1) Bloomington: 1.
10        (2) Cape Girardeau: 1.
11        (3) Carbondale-Marion: 1.
12        (4) Champaign-Urbana: 1. 
13        (5) Chicago-Naperville-Elgin: 36.
14        (6) Danville: 1.
15        (7) Davenport-Moline-Rock Island: 1.
16        (8) Decatur: 1.
17        (9) Kankakee: 1.
18        (10) Peoria: 2.
19        (11) Rockford: 1.
20        (12) St. Louis: 3.
21        (13) Springfield: 1.
22        (14) Northwest Illinois nonmetropolitan: 1.
23        (15) West Central Illinois nonmetropolitan: 1.
24        (16) East Central Illinois nonmetropolitan: 1.
25        (17) South Illinois nonmetropolitan: 1. 
26    (a-5) Prior to issuing licenses under subsection (a), the 
 
 
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1Department may adopt rules through emergency rulemaking in 
2accordance with subsection (kk) of Section 5-45 of the 
3Illinois Administrative Procedure Act. The General Assembly 
4finds that the adoption of rules to regulate cannabis use is 
5deemed an emergency and necessary for the public interest, 
6safety, and welfare.
7    (b) The Department shall distribute the available licenses 
8established under this Section subject to the following: 
9        (1) The drawing by lot for all available licenses 
10 established under this Section shall occur on the same day 
11 when practicable.
12        (2) Within each BLS Region, the first Qualifying 
13 Social Equity Justice Involved Applicant drawn will have 
14 the first right to an available license. The second 
15 Qualifying Social Equity Justice Involved Applicant drawn 
16 will have the second right to an available license. The 
17 same pattern will continue for each subsequent applicant 
18 drawn.
19        (3) The process for distributing available licenses 
20 under this Section shall be recorded by the Department in 
21 a format selected by the Department.
22        (4) A Dispensary Applicant is prohibited from becoming 
23 a Qualifying Social Equity Justice Involved Applicant if a 
24 principal officer resigns after the resulting final scores 
25 for all scored applications pursuant to Sections 15-25 and 
26 15-30 are released.
 
 
HB3682- 178 -LRB104 09747 BDA 19813 b


1        (5) No Qualifying Social Equity Justice Involved 
2 Applicant may be awarded more than 2 Conditional Adult Use 
3 Dispensing Organization Licenses at the conclusion of a 
4 lottery conducted under this Section.
5        (6) No individual may be listed as a principal officer 
6 of more than 2 Conditional Adult Use Dispensing 
7 Organization Licenses awarded under this Section.
8        (7) If, upon being selected for an available license 
9 established under this Section, a Qualifying Social Equity 
10 Justice Involved Applicant exceeds the limits under 
11 paragraph (5) or (6), the Qualifying Social Equity Justice 
12 Involved Applicant must choose which license to abandon 
13 and notify the Department in writing within 5 business 
14 days on forms prescribed by the Department. If the 
15 Qualifying Social Equity Justice Involved Applicant does 
16 not notify the Department as required, the Department 
17 shall refuse to issue the Qualifying Social Equity Justice 
18 Involved Applicant all available licenses established 
19 under this Section obtained by lot in all BLS Regions.
20        (8) If, upon being selected for an available license 
21 established under this Section, a Qualifying Social Equity 
22 Justice Involved Applicant has a principal officer who is 
23 a principal officer in more than 10 Early Approval Adult 
24 Use Dispensing Organization Licenses, Conditional Adult 
25 Use Dispensing Organization Licenses, Adult Use Dispensing 
26 Organization Licenses, or any combination thereof, the 
 
 
HB3682- 179 -LRB104 09747 BDA 19813 b


1 licensees and the Qualifying Social Equity Justice 
2 Involved Applicant listing that principal officer must 
3 choose which license to abandon pursuant to subsection (d) 
4 of Section 15-36 and notify the Department in writing 
5 within 5 business days on forms prescribed by the 
6 Department. If the Dispensary Applicant or licensees do 
7 not notify the Department as required, the Department 
8 shall refuse to issue the Qualifying Social Equity Justice 
9 Involved Applicant all available licenses established 
10 under this Section obtained by lot in all BLS Regions.
11        (9) All available licenses that have been abandoned 
12 under paragraph (7) or (8) shall be distributed to the 
13 next Qualifying Social Equity Justice Involved Applicant 
14 drawn by lot.
15    Any and all rights conferred or obtained under this 
16subsection shall be limited to the provisions of this 
17subsection. 
18    (c) An applicant who receives a Conditional Adult Use 
19Dispensing Organization License under this Section has 180 
20days from the date of the award to identify a physical location 
21for the dispensing organization's retail storefront. The 
22applicant shall provide evidence that the location is not 
23within 1,500 feet of an existing dispensing organization, 
24unless the applicant is a Social Equity Applicant or Social 
25Equity Justice Involved Applicant located or seeking to locate 
26within 1,500 feet of a dispensing organization licensed under 
 
 
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1Section 15-15 or Section 15-20. If an applicant is unable to 
2find a suitable physical address in the opinion of the 
3Department within 180 days from the issuance of the 
4Conditional Adult Use Dispensing Organization License, the 
5Department may extend the period for finding a physical 
6address an additional 540 days if the Conditional Adult Use 
7Dispensing Organization License holder demonstrates a concrete 
8attempt to secure a location and a hardship. If the Department 
9denies the extension or the Conditional Adult Use Dispensing 
10Organization License holder is unable to either find a 
11location within 720 days and become operational within 180 
12days thereafter, or become operational within 720 days of 
13being awarded a Conditional Adult Use Dispensing Organization 
14License under this Section, the Department may, considering 
15the totality of the circumstances, rescind the conditional 
16license. If the conditional license holder does not become 
17operational within 365 days after having found a location, the 
18Department may mandate a date by which the conditional license 
19holder shall become operational prior to the Department 
20rescinding the conditional license. If the Department rescinds    
21shall rescind the Conditional Adult Use Dispensing 
22Organization License, it may issue and award it pursuant to 
23subsection (b) and notify the new awardee at the email address 
24provided in the awardee's application, provided the applicant 
25receiving the Conditional Adult Use Dispensing Organization 
26License: (i) confirms a continued interest in operating a 
 
 
HB3682- 181 -LRB104 09747 BDA 19813 b


1dispensing organization; (ii) can provide evidence that the 
2applicant continues to meet all requirements for holding a 
3Conditional Adult Use Dispensing Organization License set 
4forth in this Act; and (iii) has not otherwise become 
5ineligible to be awarded a Conditional Adult Use Dispensing 
6Organization License. If the new awardee is unable to accept 
7the Conditional Adult Use Dispensing Organization License, the 
8Department may issue shall award the Conditional Adult Use 
9Dispensing Organization License pursuant to subsection (b). 
10The new conditional license holder awardee shall be subject to 
11the same required deadlines as provided in this subsection.
12    (d) If, within 720 180 days of being awarded a Conditional 
13Adult Use Dispensing Organization License, a dispensing 
14organization is unable to find a location within the BLS 
15Region in which it was awarded a Conditional Adult Use 
16Dispensing Organization License under this Section because no 
17jurisdiction within the BLS Region allows for the operation of 
18an Adult Use Dispensing Organization, the Department may 
19authorize the Conditional Adult Use Dispensing Organization 
20License holder to transfer its Conditional Adult Use 
21Dispensing Organization License to a BLS Region specified by 
22the Department.
23    (e) A dispensing organization that is awarded a 
24Conditional Adult Use Dispensing Organization License under 
25this Section shall not purchase, possess, sell, or dispense 
26cannabis or cannabis-infused products until the dispensing 
 
 
HB3682- 182 -LRB104 09747 BDA 19813 b


1organization has received an Adult Use Dispensing Organization 
2License issued by the Department pursuant to Section 15-36.
3    (f) The Department shall conduct a background check of the 
4prospective dispensing organization agents in order to carry 
5out this Article. The Illinois State Police shall charge the 
6applicant a fee for conducting the criminal history record 
7check, which shall be deposited into the State Police Services 
8Fund and shall not exceed the actual cost of the record check. 
9Each person applying as a dispensing organization agent shall 
10submit a full set of fingerprints to the Illinois State Police 
11for the purpose of obtaining a State and federal criminal 
12records check. These fingerprints shall be checked against the 
13fingerprint records now and hereafter, to the extent allowed 
14by law, filed with the Illinois State Police and the Federal 
15Bureau of Investigation criminal history records databases. 
16The Illinois State Police shall furnish, following positive 
17identification, all Illinois conviction information to the 
18Department.
19    (g) The Department may verify information contained in 
20each application and accompanying documentation to assess the 
21applicant's veracity and fitness to operate a dispensing 
22organization.
23    (h) The Department may, in its discretion, refuse to issue 
24an authorization to an applicant who meets any of the 
25following criteria:
26        (1) An applicant who is unqualified to perform the 
 
 
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1 duties required of the applicant.
2        (2) An applicant who fails to disclose or states 
3 falsely any information called for in the application.
4        (3) An applicant who has been found guilty of a 
5 violation of this Act, who has had any disciplinary order 
6 entered against the applicant by the Department, who has 
7 entered into a disciplinary or nondisciplinary agreement 
8 with the Department, whose medical cannabis dispensing 
9 organization, medical cannabis cultivation organization, 
10 Early Approval Adult Use Dispensing Organization License, 
11 Early Approval Adult Use Dispensing Organization License 
12 at a secondary site, Early Approval Cultivation Center 
13 License, Conditional Adult Use Dispensing Organization 
14 License, or Adult Use Dispensing Organization License was 
15 suspended, restricted, revoked, or denied for just cause, 
16 or whose cannabis business establishment license was 
17 suspended, restricted, revoked, or denied in any other 
18 state.
19        (4) An applicant who has engaged in a pattern or 
20 practice of unfair or illegal practices, methods, or 
21 activities in the conduct of owning a cannabis business 
22 establishment or other business.
23    (i) The Department shall deny the license if any principal 
24officer, board member, or person having a financial or voting 
25interest of 5% or greater in the licensee is delinquent in 
26filing any required tax return or paying any amount owed to the 
 
 
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1State of Illinois.
2    (j) The Department shall verify an applicant's compliance 
3with the requirements of this Article and rules adopted under 
4this Article before issuing a Conditional Adult Use Dispensing 
5Organization License.
6    (k) If an applicant is awarded a Conditional Adult Use 
7Dispensing Organization License under this Section, the 
8information and plans provided in the application, including 
9any plans submitted for bonus points, shall become a condition 
10of the Conditional Adult Use Dispensing Organization License 
11and any Adult Use Dispensing Organization License issued to 
12the holder of the Conditional Adult Use Dispensing 
13Organization License, except as otherwise provided by this Act 
14or by rule. Dispensing organizations have a duty to disclose 
15any material changes to the application. The Department shall 
16review all material changes disclosed by the dispensing 
17organization and may reevaluate its prior decision regarding 
18the awarding of a Conditional Adult Use Dispensing 
19Organization License, including, but not limited to, 
20suspending or permanently revoking a Conditional Adult Use 
21Dispensing Organization License. Failure to comply with the 
22conditions or requirements in the application may subject the 
23dispensing organization to discipline up to and including 
24suspension or permanent revocation of its authorization or 
25Conditional Adult Use Dispensing Organization License by the 
26Department.
 
 
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1    (l) If an applicant has not begun operating as a 
2dispensing organization within one year after the issuance of 
3the Conditional Adult Use Dispensing Organization License 
4under this Section, the Department may permanently revoke the 
5Conditional Adult Use Dispensing Organization License and 
6award it to the next highest scoring applicant in the BLS 
7Region if a suitable applicant indicates a continued interest 
8in the Conditional Adult Use Dispensing Organization License 
9or may begin a new selection process to award a Conditional 
10Adult Use Dispensing Organization License.
11(Source: P.A. 102-98, eff. 7-15-21; 103-8, eff. 6-7-23.)

12    (410 ILCS 705/15-36)
13    Sec. 15-36. Adult Use Dispensing Organization License. 
14    (a) A person is only eligible to receive or hold an Adult 
15Use Dispensing Organization License if the person has been 
16issued awarded a Conditional Adult Use Dispensing Organization 
17License pursuant to this Act or its administrative rules, was 
18issued an Early Approval Adult Use Dispensing Organization 
19License, an Early Approval Adult Use Dispensing Organization 
20License at a Secondary Site, or was a registered medical 
21dispensing organization as defined under the Compassionate Use 
22of Medical Cannabis Act or has renewed its license pursuant to 
23subsection (k) of Section 15-15 or subsection (p) of Section 
2415-20. 
25    (a-5) Beginning July 1, 2025, all dispensing organizations 
 
 
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1registered under the Compassionate Use of Medical Cannabis 
2Program Act and Sections 15-15 and 15-20 of this Act shall be a 
3dispensing organization or a dispensary as those terms are 
4defined in this Act and shall be an Adult Use Dispensing 
5Organization License holder under this Section. Beginning July 
61, 2025, all dispensing organizations registered under the 
7Compassionate Use of Medical Cannabis Program Act and Sections 
815-15 and 15-20 of this Act shall have the same rights, 
9privileges, duties, and responsibilities of dispensing 
10organizations licensed pursuant to this Section and shall be 
11subject to any administrative rules adopted under this Act.
12    (a-10) In addition to selling cannabis and 
13cannabis-infused products to persons 21 years of age or older, 
14beginning July 1, 2025, but no later than October 1, 2025, all 
15dispensing organizations licensed pursuant to this Act shall 
16also offer cannabis and cannabis-infused products for sale to 
17registered qualifying patients, provisional patients, and 
18designated caregivers.
19    (a-15) By October 1, 2025, all dispensing organizations 
20licensed under Section 15-36 shall pay the fee under 
21subsection (d) of Section 15-13 of this Act or shall have 
22entered into an approved payment plan with the Department to 
23pay the fee.    
24    (b) The Department shall not issue an Adult Use Dispensing 
25Organization License until:
26        (1) the Department has inspected the dispensary site 
 
 
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1 and proposed operations and verified that they are in 
2 compliance with this Act and local zoning laws;
3        (2) the Conditional Adult Use Dispensing Organization 
4 License holder has paid a license fee of $70,000 $60,000    
5 or a prorated amount accounting for the difference of time 
6 between when the Adult Use Dispensing Organization License 
7 is issued and March 31 of the next even-numbered year; 
8 $60,000 (or the proportional prorated amount paid) of the 
9 fee shall be remitted into the Cannabis Regulation Fund, 
10 and $10,000 (or the proportional prorated amount paid) of 
11 the fee shall be remitted into the Compassionate Use of 
12 Medical Cannabis Fund; and
13        (3) the Conditional Adult Use Dispensing Organization 
14 License holder has met all the requirements in this Act 
15 and rules.
16    (c) No person or entity shall hold any legal, equitable, 
17ownership, or beneficial interest, directly or indirectly, of 
18more than 10 dispensing organizations licensed under this 
19Article. Further, no person or entity that is:
20        (1) employed by, is an agent of, or participates in 
21 the management of a dispensing organization or registered 
22 medical cannabis dispensing organization;
23        (2) a principal officer of a dispensing organization 
24 or registered medical cannabis dispensing organization; or
25        (3) an entity controlled by or affiliated with a 
26 principal officer of a dispensing organization or 
 
 
HB3682- 188 -LRB104 09747 BDA 19813 b


1 registered medical cannabis dispensing organization;
2shall hold any legal, equitable, ownership, or beneficial 
3interest, directly or indirectly, in a dispensing organization 
4that would result in such person or entity owning or 
5participating in the management of more than 10 Early Approval 
6Adult Use Dispensing Organization Licenses, Early Approval 
7Adult Use Dispensing Organization Licenses at a secondary 
8site, Conditional Adult Use Dispensing Organization Licenses, 
9or Adult Use Dispensing Organization Licenses. For the purpose 
10of this subsection, participating in management may include, 
11without limitation, controlling decisions regarding staffing, 
12pricing, purchasing, marketing, store design, hiring, and 
13website design.
14    (d) The Department shall deny an application if granting 
15that application would result in a person or entity obtaining 
16direct or indirect financial interest in more than 10 Early 
17Approval Adult Use Dispensing Organization Licenses, 
18Conditional Adult Use Dispensing Organization Licenses, Adult 
19Use Dispensing Organization Licenses, or any combination 
20thereof. If a person or entity is awarded a Conditional Adult 
21Use Dispensing Organization License that would cause the 
22person or entity to be in violation of this subsection, he, 
23she, or it shall choose which license application it wants to 
24abandon and such licenses shall become available to the next 
25qualified applicant in the region in which the abandoned 
26license was awarded.
 
 
HB3682- 189 -LRB104 09747 BDA 19813 b


1(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
2revised 7-19-24.)

3    (410 ILCS 705/15-40)
4    Sec. 15-40. Dispensing organization agent identification 
5card; agent training. 
6    (a) The Department shall:
7        (1) verify the information contained in an application 
8 or renewal for a dispensing organization agent 
9 identification card submitted under this Article, and 
10 approve or deny an application or renewal, within 30 days 
11 of receiving a completed application or renewal 
12 application and all supporting documentation required by 
13 rule;
14        (2) issue a dispensing organization agent 
15 identification card to a qualifying agent within 15 
16 business days of approving the application or renewal;
17        (3) enter the registry identification number of the 
18 dispensing organization where the agent works; 
19        (4) within one year from the effective date of this 
20 Act, allow for an electronic application process and 
21 provide a confirmation by electronic or other methods that 
22 an application has been submitted; and
23        (5) collect a $100 nonrefundable fee from the 
24 applicant to be deposited into the Cannabis Regulation 
25 Fund.
 
 
HB3682- 190 -LRB104 09747 BDA 19813 b


1    (b) A dispensing organization agent must keep his or her 
2identification card visible at all times when in the 
3dispensary.
4    (c) The dispensing organization agent identification cards 
5shall contain the following:
6        (1) the name of the cardholder;
7        (2) the date of issuance and expiration date of the 
8 dispensing organization agent identification cards;
9        (3) a random 10-digit alphanumeric identification 
10 number containing at least 4 numbers and at least 4 
11 letters that is unique to the cardholder; and
12        (4) a photograph of the cardholder.
13    (d) The dispensing organization agent identification cards 
14shall be immediately returned to the dispensing organization 
15upon termination of employment.
16    (e) The Department shall not issue an agent identification 
17card if the applicant is delinquent in filing any required tax 
18returns or paying any amounts owed to the State of Illinois.
19    (f) Any card lost by a dispensing organization agent shall 
20be reported to the Illinois State Police and the Department 
21immediately upon discovery of the loss.
22    (g) An applicant shall be denied a dispensing organization 
23agent identification card renewal if he or she fails to 
24complete the training provided for in this Section.
25    (h) A dispensing organization agent shall only be required 
26to hold one card for the same employer regardless of what type 
 
 
HB3682- 191 -LRB104 09747 BDA 19813 b


1of dispensing organization license the employer holds.
2    (i) Cannabis retail sales training requirements.
3        (1) Within 90 days of September 1, 2019, or 90 days of 
4 employment, whichever is later, all owners, managers, 
5 employees, and agents involved in the handling or sale of 
6 cannabis or cannabis-infused product employed by an adult 
7 use dispensing organization or medical cannabis dispensing 
8 organization as defined in Section 10 of the Compassionate 
9 Use of Medical Cannabis Program Act shall attend and 
10 successfully complete a Responsible Vendor Program.
11        (2) Each owner, manager, employee, and agent of an 
12 adult use dispensing organization or medical cannabis 
13 dispensing organization shall successfully complete the 
14 program annually.
15        (3) Responsible Vendor Program Training modules shall 
16 include at least 2 hours of instruction time approved by 
17 the Department including:
18            (i) Health and safety concerns of cannabis use, 
19 including the responsible use of cannabis, its 
20 physical effects, onset of physiological effects, 
21 recognizing signs of impairment, and appropriate 
22 responses in the event of overconsumption.
23            (ii) Training on laws and regulations on driving 
24 while under the influence and operating a watercraft 
25 or snowmobile while under the influence.
26            (iii) Sales to minors prohibition. Training shall 
 
 
HB3682- 192 -LRB104 09747 BDA 19813 b


1 cover all relevant Illinois laws and rules.
2            (iv) Quantity limitations on sales to purchasers. 
3 Training shall cover all relevant Illinois laws and 
4 rules.
5            (v) Acceptable forms of identification. Training 
6 shall include:
7                (I) How to check identification; and
8                (II) Common mistakes made in verification;
9            (vi) Safe storage of cannabis;
10            (vii) Compliance with all inventory tracking 
11 system regulations;
12            (viii) Waste handling, management, and disposal;
13            (ix) Health and safety standards;
14            (x) Maintenance of records;
15            (xi) Security and surveillance requirements;
16            (xii) Permitting inspections by State and local 
17 licensing and enforcement authorities;
18            (xiii) Privacy issues, including, but not limited 
19 to, the safe storage and handling of confidential 
20 information such as qualifying patient information;
21            (xiv) Packaging and labeling requirement for sales 
22 to purchasers; and
23            (xv) Prioritizing the needs of a qualifying 
24 patient, provisional patient, or designated caregiver; 
25 and    
26            (xvi) Other areas as determined by rule.
 
 
HB3682- 193 -LRB104 09747 BDA 19813 b


1    (j) Blank.
2    (k) Upon the successful completion of the Responsible 
3Vendor Program, the provider shall deliver proof of completion 
4either through mail or electronic communication to the 
5dispensing organization, which shall retain a copy of the 
6certificate.
7    (l) The license of a dispensing organization or medical 
8cannabis dispensing organization whose owners, managers, 
9employees, or agents fail to comply with this Section may be 
10suspended or permanently revoked under Section 15-145 or may 
11face other disciplinary action.
12    (m) The regulation of dispensing organization and medical 
13cannabis dispensing employer and employee training is an 
14exclusive function of the State, and regulation by a unit of 
15local government, including a home rule unit, is prohibited. 
16This subsection (m) is a denial and limitation of home rule 
17powers and functions under subsection (h) of Section 6 of 
18Article VII of the Illinois Constitution.
19    (n) Persons seeking Department approval to offer the 
20training required by paragraph (3) of subsection (i) may apply 
21for such approval between August 1 and August 15 of each 
22odd-numbered year in a manner prescribed by the Department.
23    (o) Persons seeking Department approval to offer the 
24training required by paragraph (3) of subsection (i) shall 
25submit a nonrefundable application fee of $2,000 to be 
26deposited into the Cannabis Regulation Fund or a fee as may be 
 
 
HB3682- 194 -LRB104 09747 BDA 19813 b


1set by rule. Any changes made to the training module shall be 
2approved by the Department. 
3    (p) The Department shall not unreasonably deny approval of 
4a training module that meets all the requirements of paragraph 
5(3) of subsection (i). A denial of approval shall include a 
6detailed description of the reasons for the denial.
7    (q) Any person approved to provide the training required 
8by paragraph (3) of subsection (i) shall submit an application 
9for re-approval between August 1 and August 15 of each 
10odd-numbered year and include a nonrefundable application fee 
11of $2,000 to be deposited into the Cannabis Regulation Fund or 
12a fee as may be set by rule.
13    (r) All persons applying to become or renewing their 
14registrations to be agents, including agents-in-charge and 
15principal officers, shall disclose any disciplinary action 
16taken against them that may have occurred in Illinois, another 
17state, or another country in relation to their employment at a 
18cannabis business establishment or at any cannabis cultivation 
19center, processor, infuser, dispensary, or other cannabis 
20business establishment.
21    (s) An agent applicant may begin employment at a 
22dispensing organization while the agent applicant's 
23identification card application is pending. Upon approval, the 
24Department shall issue the agent's identification card to the 
25agent. If denied, the dispensing organization and the agent 
26applicant shall be notified and the agent applicant must cease 
 
 
HB3682- 195 -LRB104 09747 BDA 19813 b


1all activity at the dispensing organization immediately. 
2    (t) Beginning July 1, 2025, all dispensing organization 
3agents registered under the Compassionate Use of Medical 
4Cannabis Program Act shall, subject to the agent being in good 
5standing with all licensing requirements, be deemed to be an 
6agent under this Act. The Department shall issue all agents 
7previously registered as an agent under the Compassionate Use 
8of Medical Cannabis Program Act a new license number at the 
9time of their first renewal on or after July 1, 2025.    
10(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
11102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 
125-13-22.)

13    (410 ILCS 705/15-45)
14    Sec. 15-45. Renewal. 
15    (a) Adult Use Dispensing Organization Licenses shall 
16expire on March 31 of even-numbered years.
17    (b) Agent identification cards shall expire one year from 
18the date they are issued.
19    (c) Licensees and dispensing agents shall submit a renewal 
20application as provided by the Department and pay the required 
21renewal fee. The Department shall require an agent, employee, 
22contracting, and subcontracting diversity report and an 
23environmental impact report with its renewal application. No 
24license or agent identification card shall be renewed if it is 
25currently under revocation or suspension for violation of this 
 
 
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1Article or any rules that may be adopted under this Article or 
2the licensee, principal officer, board member, person having a 
3financial or voting interest of 5% or greater in the licensee, 
4or agent is delinquent in filing any required tax returns or 
5paying any amounts owed to the State of Illinois.
6    (d) Renewal fees are:
7        (1) For a dispensing organization, $60,000, to be 
8 deposited into the Cannabis Regulation Fund; and $10,000 
9 to be deposited into Compassionate Use of Medical Cannabis 
10 Fund.
11        (2) For an agent identification card, $100, to be 
12 deposited into the Cannabis Regulation Fund.
13    (e) If a dispensing organization fails to renew its 
14license before expiration, the dispensing organization shall 
15cease operations until the license is renewed.
16    (f) If a dispensing organization agent fails to renew his 
17or her registration before its expiration, he or she shall 
18cease to perform duties authorized by this Article at a 
19dispensing organization until his or her registration is 
20renewed.
21    (g) Any dispensing organization that continues to operate 
22or dispensing agent that continues to perform duties 
23authorized by this Article at a dispensing organization that 
24fails to renew its license is subject to penalty as provided in 
25this Article, or any rules that may be adopted pursuant to this 
26Article.
 
 
HB3682- 197 -LRB104 09747 BDA 19813 b


1    (h) The Department shall not renew a license if the 
2applicant is delinquent in filing any required tax returns or 
3paying any amounts owed to the State of Illinois. The 
4Department shall not renew a dispensing agent identification 
5card if the applicant is delinquent in filing any required tax 
6returns or paying any amounts owed to the State of Illinois.
7(Source: P.A. 101-27, eff. 6-25-19.)

8    (410 ILCS 705/15-60)
9    Sec. 15-60. Changes to a dispensing organization. 
10    (a) A Conditional Adult Use Dispensing Organization 
11License may not be sold, transferred, assigned, or used as 
12collateral, and the organization holding the license may not 
13add new principal officers to its ownership structure or 
14change its ownership structure. Notwithstanding the foregoing, 
15this prohibition does not preclude third parties who are not 
16registered as principal officers from investing in, lending 
17to, or otherwise providing capital to the Conditional Adult 
18Use Dispensing Organization License holder. Pursuant to this 
19subsection, third parties are not required to register as 
20principal officers of the Conditional Adult Use Dispensing 
21Organization License holder so long as any third party 
22interest cannot be realized or otherwise vest until the 
23Conditional Adult Use Dispensing Organization License holder 
24is issued a corresponding Adult Use Dispensing Organization 
25License under Section 15-36. In order to realize that interest 
 
 
HB3682- 198 -LRB104 09747 BDA 19813 b


1or have the interest vest, all third parties are subject to the 
2Department's approval processes in this Section, either 
3through the sale or transfer of the Adult Use Dispensing 
4Organization License to the third party or through the third 
5party's registration and approval as principal officer to the 
6Adult Use Dispensing Organization License holder.    
7    (a-5) A license shall be issued to the specific dispensing 
8organization identified on the application and for the 
9specific location proposed. The license is valid only as 
10designated on the license and for the location for which it is 
11issued.
12    (b) A dispensing organization may only add principal 
13officers after being approved by the Department.
14    (c) A dispensing organization shall provide written notice 
15of the removal of a principal officer within 5 business days 
16after removal. The notice shall include the written agreement 
17of the principal officer being removed, unless otherwise 
18approved by the Department, and allocation of ownership shares 
19after removal in an updated ownership chart.
20    (d) A dispensing organization shall provide a written 
21request to the Department for the addition of principal 
22officers. A dispensing organization shall submit proposed 
23principal officer applications on forms approved by the 
24Department.
25    (e) All proposed new principal officers shall be subject 
26to the requirements of this Act, this Article, and any rules 
 
 
HB3682- 199 -LRB104 09747 BDA 19813 b


1that may be adopted pursuant to this Act.
2    (f) The Department may prohibit the addition of a 
3principal officer to a dispensing organization for failure to 
4comply with this Act, this Article, and any rules that may be 
5adopted pursuant to this Act.
6    (g) A dispensing organization may not assign a license.
7    (h) A dispensing organization may not transfer a license 
8without prior Department approval. Such approval may be 
9withheld if the person to whom the license is being 
10transferred does not commit to the same or a similar community 
11engagement plan provided as part of the dispensing 
12organization's application under paragraph (18) of subsection 
13(d) of Section 15-25, and such transferee's license shall be 
14conditional upon that commitment.
15    (i) With the addition or removal of principal officers, 
16the Department will review the ownership structure to 
17determine whether the change in ownership has had the effect 
18of a transfer of the license. The dispensing organization 
19shall supply all ownership documents requested by the 
20Department.
21    (j) A dispensing organization may apply to the Department 
22to approve a sale of the dispensing organization. A request to 
23sell the dispensing organization must be on application forms 
24provided by the Department. A request for an approval to sell a 
25dispensing organization must comply with the following:
26        (1) New application materials shall comply with this 
 
 
HB3682- 200 -LRB104 09747 BDA 19813 b


1 Act and any rules that may be adopted pursuant to this Act;
2        (2) Application materials shall include a change of 
3 ownership fee of $5,000 to be deposited into the Cannabis 
4 Regulation Fund;
5        (3) The application materials shall provide proof that 
6 the transfer of ownership will not have the effect of 
7 granting any of the owners or principal officers direct or 
8 indirect ownership or control of more than 10 adult use 
9 dispensing organization licenses;
10        (4) New principal officers shall each complete the 
11 proposed new principal officer application;
12        (5) If the Department approves the application 
13 materials and proposed new principal officer applications, 
14 it will perform an inspection before approving the sale 
15 and issuing the dispensing organization license;
16        (6) If a new license is approved, the Department will 
17 issue a new license number and certificate to the new 
18 dispensing organization.
19    (k) The dispensing organization shall provide the 
20Department with the personal information for all new 
21dispensing organizations agents as required in this Article 
22and all new dispensing organization agents shall be subject to 
23the requirements of this Article. A dispensing organization 
24agent must obtain an agent identification card from the 
25Department before beginning work at a dispensary.
26    (l) Before remodeling, expansion, reduction, or other 
 
 
HB3682- 201 -LRB104 09747 BDA 19813 b


1physical, noncosmetic alteration of a dispensary, the 
2dispensing organization must notify the Department and confirm 
3the alterations are in compliance with this Act and any rules 
4that may be adopted pursuant to this Act.
5(Source: P.A. 101-27, eff. 6-25-19.)

6    (410 ILCS 705/15-65)
7    Sec. 15-65. Administration. 
8    (a) A dispensing organization shall establish, maintain, 
9and comply with written policies and procedures as submitted 
10in the Business, Financial and Operating plan as required in 
11this Article or by rules established by the Department, and 
12approved by the Department, for the security, storage, 
13inventory, and distribution of cannabis. These policies and 
14procedures shall include methods for identifying, recording, 
15and reporting diversion, theft, or loss, and for correcting 
16errors and inaccuracies in inventories. At a minimum, 
17dispensing organizations shall ensure the written policies and 
18procedures provide for the following:
19        (1) Mandatory and voluntary recalls of cannabis 
20 products. The policies shall be adequate to deal with 
21 recalls due to any action initiated at the request of the 
22 Department and any voluntary action by the dispensing 
23 organization to remove defective or potentially defective 
24 cannabis from the market or any action undertaken to 
25 promote public health and safety, including:
 
 
HB3682- 202 -LRB104 09747 BDA 19813 b


1            (i) A mechanism reasonably calculated to contact 
2 purchasers who have, or likely have, obtained the 
3 product from the dispensary, including information on 
4 the policy for return of the recalled product;
5            (ii) A mechanism to identify and contact the adult 
6 use cultivation center, craft grower, or infuser that 
7 manufactured the cannabis;
8            (iii) Policies for communicating with the 
9 Department, the Department of Agriculture, and the 
10 Department of Public Health within 24 hours of 
11 discovering defective or potentially defective 
12 cannabis; and
13            (iv) Policies for destruction of any recalled 
14 cannabis product;
15        (2) Responses to local, State, or national 
16 emergencies, including natural disasters, that affect the 
17 security or operation of a dispensary;
18        (3) Segregation and destruction of outdated, damaged, 
19 deteriorated, misbranded, or adulterated cannabis. This 
20 procedure shall provide for written documentation of the 
21 cannabis disposition;
22        (4) Ensure the oldest stock of a cannabis product is 
23 distributed first. The procedure may permit deviation from 
24 this requirement, if such deviation is temporary and 
25 appropriate;
26        (5) Training of dispensing organization agents in the 
 
 
HB3682- 203 -LRB104 09747 BDA 19813 b


1 provisions of this Act and rules, to effectively operate 
2 the point-of-sale system and the State's verification 
3 system, proper inventory handling and tracking, specific 
4 uses of cannabis or cannabis-infused products, instruction 
5 regarding regulatory inspection preparedness and law 
6 enforcement interaction, awareness of the legal 
7 requirements for maintaining status as an agent, and other 
8 topics as specified by the dispensing organization or the 
9 Department. The dispensing organization shall maintain 
10 evidence of all training provided to each agent in its 
11 files that is subject to inspection and audit by the 
12 Department. The dispensing organization shall ensure 
13 agents receive a minimum of 8 hours of training subject to 
14 the requirements in subsection (i) of Section 15-40 
15 annually, unless otherwise approved by the Department;
16        (6) Maintenance of business records consistent with 
17 industry standards, including bylaws, consents, manual or 
18 computerized records of assets and liabilities, audits, 
19 monetary transactions, journals, ledgers, and supporting 
20 documents, including agreements, checks, invoices, 
21 receipts, and vouchers. Records shall be maintained in a 
22 manner consistent with this Act and shall be retained for 
23 5 years;
24        (7) Inventory control, including:
25            (i) Tracking purchases and denials of sale;
26            (ii) Disposal of unusable or damaged cannabis as 
 
 
HB3682- 204 -LRB104 09747 BDA 19813 b


1 required by this Act and rules; and
2        (8) Purchaser education and support, including:
3            (i) Whether possession of cannabis is illegal 
4 under federal law;
5            (ii) Current educational information issued by the 
6 Department of Public Health about the health risks 
7 associated with the use or abuse of cannabis;
8            (iii) Information about possible side effects;
9            (iv) Prohibition on smoking cannabis in public 
10 places; and
11            (v) Offering any other appropriate purchaser 
12 education or support materials.
13    (b) Blank.
14    (c) A dispensing organization shall maintain copies of the 
15policies and procedures on the dispensary premises and provide 
16copies to the Department upon request. The dispensing 
17organization shall review the dispensing organization policies 
18and procedures at least once every 12 months from the issue 
19date of the license and update as needed due to changes in 
20industry standards or as requested by the Department.
21    (d) A dispensing organization shall ensure that each 
22principal officer and each dispensing organization agent has a 
23current agent identification card in the agent's immediate 
24possession when the agent is at the dispensary.
25    (e) A dispensing organization shall provide prompt written 
26notice to the Department, including the date of the event, 
 
 
HB3682- 205 -LRB104 09747 BDA 19813 b


1when a dispensing organization agent no longer is employed by 
2the dispensing organization.
3    (f) A dispensing organization shall promptly document and 
4report any loss or theft of cannabis from the dispensary to the 
5Illinois State Police and the Department. It is the duty of any 
6dispensing organization agent who becomes aware of the loss or 
7theft to report it as provided in this Article.
8    (g) A dispensing organization shall post the following 
9information in a conspicuous location in an area of the 
10dispensary accessible to consumers:
11        (1) The dispensing organization's license;
12        (2) The hours of operation.
13    (h) Signage that shall be posted inside the premises.
14        (1) All dispensing organizations must display a 
15 placard that states the following: "Cannabis consumption 
16 can impair cognition and driving, is for adult use only, 
17 may be habit forming, and should not be used by pregnant or 
18 breastfeeding women.".
19        (2) Any dispensing organization that sells edible 
20 cannabis-infused products must display a placard that 
21 states the following:
22            (A) "Edible cannabis-infused products were 
23 produced in a kitchen that may also process common 
24 food allergens."; and
25            (B) "The effects of cannabis products can vary 
26 from person to person, and it can take as long as two 
 
 
HB3682- 206 -LRB104 09747 BDA 19813 b


1 hours to feel the effects of some cannabis-infused 
2 products. Carefully review the portion size 
3 information and warnings contained on the product 
4 packaging before consuming.".
5        (3) All of the required signage in this subsection (h) 
6 shall be no smaller than 24 inches tall by 36 inches wide, 
7 with typed letters no smaller than 2 inches. The signage 
8 shall be clearly visible and readable by customers. The 
9 signage shall be placed in the area where cannabis and 
10 cannabis-infused products are sold and may be translated 
11 into additional languages as needed. The Department may 
12 require a dispensary to display the required signage in a 
13 different language, other than English, if the Secretary 
14 deems it necessary. 
15    (i) A dispensing organization shall prominently post 
16notices inside the dispensing organization that state 
17activities that are strictly prohibited and punishable by law, 
18including, but not limited to:
19        (1) no minors permitted on the premises unless the 
20 minor is a minor qualifying patient under the 
21 Compassionate Use of Medical Cannabis Program Act;
22        (2) distribution to persons under the age of 21 is 
23 prohibited;
24        (3) transportation of cannabis or cannabis products 
25 across state lines is prohibited.
26(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
 
 
HB3682- 207 -LRB104 09747 BDA 19813 b


1102-538, eff. 8-20-21.)

2    (410 ILCS 705/15-70)
3    Sec. 15-70. Operational requirements; prohibitions. 
4    (a) A dispensing organization shall operate in accordance 
5with the representations made in its application and license 
6materials. It shall be in compliance with this Act and rules.
7    (b) Beginning July 1, 2025, but no later than October 1, 
82025, all dispensaries shall have a patient prioritization 
9plan demonstrating that the dispensary is prioritizing 
10qualifying patients, provisional patients, and dedicated 
11caregivers. Prioritization may include, but is not limited to, 
12the following: a dedicated service line for patients or 
13caregivers; a dedicated time of the day for patients or 
14caregivers, so long as the dispensary remains open at all 
15other hours of operation to serve patients and caregivers; and 
16a dedicated register for patients or caregivers A dispensing 
17organization must include the legal name of the dispensary on 
18the packaging of any cannabis product it sells.
19    (c) All cannabis, cannabis-infused products, and cannabis 
20seeds must be obtained from an Illinois registered adult use 
21cultivation center, craft grower, infuser, or another 
22dispensary.
23    (c-5) A dispensing organization may sell cannabis and 
24cannabis-infused products purchased from any cultivation 
25center, craft grower, infuser, or other dispensary to persons 
 
 
HB3682- 208 -LRB104 09747 BDA 19813 b


1over 21 years of age and to qualifying patients, designated 
2caregivers, and provisional patients.    
3    (d) Dispensing organizations are prohibited from selling 
4any product containing alcohol except tinctures, which must be 
5limited to containers that are no larger than 100 milliliters.
6    (e) A dispensing organization shall inspect and count 
7product received from a transporting organization, adult use    
8cultivation center, craft grower, infuser organization, or 
9other dispensing organization before dispensing it.
10    (f) A dispensing organization may only accept cannabis 
11deliveries into a restricted access area. Deliveries may not 
12be accepted through the public or limited access areas unless 
13otherwise approved by the Department.
14    (g) A dispensing organization shall maintain compliance 
15with State and local building, fire, and zoning requirements 
16or regulations.
17    (h) A dispensing organization shall submit a list to the 
18Department of the names of all service professionals that will 
19work at the dispensary. The list shall include a description 
20of the type of business or service provided. Changes to the 
21service professional list shall be promptly provided. No 
22service professional shall work in the dispensary until the 
23name is provided to the Department on the service professional 
24list.
25    (i) A dispensing organization's license allows for a 
26dispensary to be operated only at a single location.
 
 
HB3682- 209 -LRB104 09747 BDA 19813 b


1    (j) All dispensaries' hours of operation may be A 
2dispensary may operate between 6 a.m. and 10 p.m. local time.
3    (k) A dispensing organization must keep all lighting 
4outside and inside the dispensary in good working order and 
5wattage sufficient for security cameras.
6    (l) A dispensing organization must keep all air treatment 
7systems that will be installed to reduce odors in good working 
8order.
9    (m) A dispensing organization must contract with a private 
10security contractor that is licensed under Section 10-5 of the 
11Private Detective, Private Alarm, Private Security, 
12Fingerprint Vendor, and Locksmith Act of 2004 to provide 
13on-site security at all hours of the dispensary's operation.
14    (n) A dispensing organization shall ensure that any 
15building or equipment used by a dispensing organization for 
16the storage or sale of cannabis is maintained in a clean and 
17sanitary condition.
18    (o) The dispensary shall be free from infestation by 
19insects, rodents, or pests.
20    (p) A dispensing organization shall not:
21        (1) Produce or manufacture cannabis;
22        (2) Accept a cannabis product from a an adult use    
23 cultivation center, craft grower, infuser, dispensing 
24 organization, or transporting organization unless it is 
25 pre-packaged and labeled in accordance with this Act and 
26 any rules that may be adopted pursuant to this Act;
 
 
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1        (3) Obtain cannabis or cannabis-infused products from 
2 outside the State of Illinois;
3        (4) Sell cannabis or cannabis-infused products to a 
4 purchaser unless the purchaser has been verified to be 21 
5 years of age or older, or beginning July 1, 2025, the 
6 person is verified to be a qualifying patient, provisional 
7 patient, or designated caregiver the dispensing 
8 organization is licensed under the Compassionate Use of 
9 Medical Cannabis Program Act, and the individual is 
10 registered under the Compassionate Use of Medical Cannabis 
11 Program or the purchaser has been verified to be 21 years 
12 of age or older;
13        (5) Enter into an exclusive agreement with any adult 
14 use cultivation center, craft grower, or infuser. 
15 Dispensaries shall provide consumers an assortment of 
16 products from various cannabis business establishment 
17 licensees such that the inventory available for sale at 
18 any dispensary from any single cultivation center, craft 
19 grower, processor, transporter, or infuser entity shall 
20 not be more than 40% of the total inventory available for 
21 sale. For the purpose of this subsection, a cultivation 
22 center, craft grower, processor, or infuser shall be 
23 considered part of the same entity if the licensees share 
24 at least one principal officer. The Department may request 
25 that a dispensary diversify its products as needed or 
26 otherwise discipline a dispensing organization for 
 
 
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1 violating this requirement;
2        (6) Refuse to conduct business with an adult use 
3 cultivation center, craft grower, transporting 
4 organization, or infuser that has the ability to properly 
5 deliver the product and is permitted by the Department of 
6 Agriculture, on the same terms as other adult use    
7 cultivation centers, craft growers, infusers, or 
8 transporters with whom it is dealing;
9        (7) (Blank); Operate drive-through windows;
10        (8) Allow for the dispensing of cannabis or 
11 cannabis-infused products in vending machines;
12        (9) Transport cannabis to residences or other 
13 locations where purchasers may be for delivery;
14        (10) Enter into agreements to allow persons who are 
15 not dispensing organization agents to deliver cannabis or 
16 to transport cannabis to purchasers;
17        (11) Operate a dispensary if its video surveillance 
18 equipment is inoperative;
19        (12) Operate a dispensary if the point-of-sale 
20 equipment is inoperative;
21        (13) Operate a dispensary if the State's cannabis 
22 electronic verification system is inoperative;
23        (14) Have fewer than 2 people working at the 
24 dispensary at any time while the dispensary is open;
25        (15) Be located within 1,500 feet of the property line 
26 of a pre-existing dispensing organization, unless the 
 
 
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1 applicant is a Social Equity Applicant or Social Equity 
2 Justice Involved Applicant located or seeking to locate 
3 within 1,500 feet of a dispensing organization licensed 
4 under Section 15-15 or Section 15-20;
5        (16) Sell clones or any other live plant material;
6        (17) Sell cannabis, cannabis concentrate, or 
7 cannabis-infused products in combination or bundled with 
8 each other or any other items for one price, and each item 
9 of cannabis, concentrate, or cannabis-infused product must 
10 be separately identified by quantity and price on the 
11 receipt;
12        (18) Have a certifying health care professional 
13 on-site at the dispensary, make referrals to a certifying 
14 health care professional, include links to a certifying 
15 health care professional on the dispensary's website, or 
16 otherwise direct patients to a certifying health care 
17 professional;    
18        (19) Beginning July 1, 2025, fail to prioritize 
19 qualifying patients, provisional patients, and designated 
20 caregivers; or    
21        (20) Violate any other requirements or prohibitions 
22 set by Department rules.
23    (q) It is unlawful for any person having an Early Approval 
24Adult Use Cannabis Dispensing Organization License, a 
25Conditional Adult Use Cannabis Dispensing Organization 
26License, an Adult Use Dispensing Organization License, or a 
 
 
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1medical cannabis dispensing organization license issued under 
2the Compassionate Use of Medical Cannabis Program Act or any 
3officer, associate, member, representative, or agent of such 
4licensee to accept, receive, or borrow money or anything else 
5of value or accept or receive credit (other than merchandising 
6credit in the ordinary course of business for a period not to 
7exceed 30 days) directly or indirectly from any adult use    
8cultivation center, craft grower, infuser, or transporting 
9organization in exchange for preferential placement on the 
10dispensing organization's shelves, display cases, or website. 
11This includes anything received or borrowed or from any 
12stockholders, officers, agents, or persons connected with a an 
13adult use cultivation center, craft grower, infuser, or 
14transporting organization.
15    (r) It is unlawful for any person having an Early Approval 
16Adult Use Cannabis Dispensing Organization License, a 
17Conditional Adult Use Cannabis Dispensing Organization 
18License, an Adult Use Dispensing Organization License, or a 
19medical cannabis dispensing organization license issued under 
20the Compassionate Use of Medical Cannabis Program to enter 
21into any contract with any person licensed to cultivate, 
22process, or transport cannabis whereby such dispensing 
23organization agrees not to sell any cannabis cultivated, 
24processed, transported, manufactured, or distributed by any 
25other cultivator, transporter, or infuser, and any provision 
26in any contract violative of this Section shall render the 
 
 
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1whole of such contract void and no action shall be brought 
2thereon in any court.
3(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
4102-98, eff. 7-15-21; revised 7-23-24.)

5    (410 ILCS 705/15-75)
6    Sec. 15-75. Inventory control system. 
7    (a) A dispensing organization agent-in-charge shall have 
8primary oversight of the dispensing organization's cannabis 
9inventory verification system, and its point-of-sale system. 
10The inventory point-of-sale system shall be real-time, 
11web-based, and accessible by the Department at any time. The 
12point-of-sale system shall track, at a minimum the date of 
13sale, amount, price, and currency.
14    (b) A dispensing organization shall establish an account 
15with the State's verification system that documents:
16        (1) Each sales transaction at the time of sale and 
17 each day's beginning inventory, acquisitions, sales, 
18 disposal, and ending inventory.
19        (2) Acquisition of cannabis and cannabis-infused 
20 products from a licensed adult use cultivation center, 
21 craft grower, infuser, or transporter, including:
22            (i) A description of the products, including the 
23 quantity, strain, variety, and batch number of each 
24 product received;
25            (ii) The name and registry identification number 
 
 
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1 of the licensed adult use cultivation center, craft 
2 grower, or infuser providing the cannabis and 
3 cannabis-infused products;
4            (iii) The name and registry identification number 
5 of the licensed adult use cultivation center, craft 
6 grower, infuser, or transporting agent delivering the 
7 cannabis;
8            (iv) The name and registry identification number 
9 of the dispensing organization agent receiving the 
10 cannabis; and
11            (v) The date of acquisition.
12        (3) The disposal of cannabis, including:
13            (i) A description of the products, including the 
14 quantity, strain, variety, batch number, and reason 
15 for the cannabis being disposed;
16            (ii) The method of disposal; and
17            (iii) The date and time of disposal.
18    (c) Upon cannabis delivery, a dispensing organization 
19shall confirm the product's name, strain name, weight, and 
20identification number on the manifest matches the information 
21on the cannabis product label and package. The product name 
22listed and the weight listed in the State's verification 
23system shall match the product packaging.
24    (d) The agent-in-charge shall conduct daily inventory 
25reconciliation documenting and balancing cannabis inventory by 
26confirming the State's verification system matches the 
 
 
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1dispensing organization's point-of-sale system and the amount 
2of physical product at the dispensary.
3        (1) A dispensing organization must receive Department 
4 approval before completing an inventory adjustment. It 
5 shall provide a detailed reason for the adjustment. 
6 Inventory adjustment documentation shall be kept at the 
7 dispensary for 2 years from the date performed.
8        (2) If the dispensing organization identifies an 
9 imbalance in the amount of cannabis after the daily 
10 inventory reconciliation due to mistake, the dispensing 
11 organization shall determine how the imbalance occurred 
12 and immediately upon discovery take and document 
13 corrective action. If the dispensing organization cannot 
14 identify the reason for the mistake within 2 calendar days 
15 after first discovery, it shall inform the Department 
16 immediately in writing of the imbalance and the corrective 
17 action taken to date. The dispensing organization shall 
18 work diligently to determine the reason for the mistake.
19        (3) If the dispensing organization identifies an 
20 imbalance in the amount of cannabis after the daily 
21 inventory reconciliation or through other means due to 
22 theft, criminal activity, or suspected criminal activity, 
23 the dispensing organization shall immediately determine 
24 how the reduction occurred and take and document 
25 corrective action. Within 24 hours after the first 
26 discovery of the reduction due to theft, criminal 
 
 
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1 activity, or suspected criminal activity, the dispensing 
2 organization shall inform the Department and the Illinois 
3 State Police in writing.
4        (4) The dispensing organization shall file an annual 
5 compilation report with the Department, including a 
6 financial statement that shall include, but not be limited 
7 to, an income statement, balance sheet, profit and loss 
8 statement, statement of cash flow, wholesale cost and 
9 sales, and any other documentation requested by the 
10 Department in writing. The financial statement shall 
11 include any other information the Department deems 
12 necessary in order to effectively administer this Act and 
13 all rules, orders, and final decisions promulgated under 
14 this Act. Statements required by this Section shall be 
15 filed with the Department within 60 days after the end of 
16 the calendar year. The compilation report shall include a 
17 letter authored by a licensed certified public accountant 
18 that it has been reviewed and is accurate based on the 
19 information provided. The dispensing organization, 
20 financial statement, and accompanying documents are not 
21 required to be audited unless specifically requested by 
22 the Department.
23    (e) A dispensing organization shall:
24        (1) Maintain the documentation required in this 
25 Section in a secure locked location at the dispensing 
26 organization for 5 years from the date on the document;
 
 
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1        (2) Provide any documentation required to be 
2 maintained in this Section to the Department for review 
3 upon request; and
4        (3) If maintaining a bank account, retain for a period 
5 of 5 years a record of each deposit or withdrawal from the 
6 account.
7    (f) If a dispensing organization chooses to have a return 
8policy for cannabis and cannabis products, the dispensing 
9organization shall seek prior approval from the Department.
10    (g) Beginning July 1, 2025, all dispensing organizations 
11shall maintain internal, confidential records that record a 
12registered qualifying patient, provisional patient, or 
13designated caregiver's transactions for the patient's adequate 
14medical supply and whether it was dispensed directly to the 
15patient or to the designated caregiver. Each entry must 
16include the amount and the date and time the cannabis was 
17dispensed. Additional recordkeeping requirements may be set by 
18rule.    
19(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
20102-538, eff. 8-20-21.)

21    (410 ILCS 705/15-85)
22    Sec. 15-85. Dispensing cannabis. 
23    (a) Before a dispensing organization agent dispenses 
24cannabis to a purchaser, the agent shall:
25        (1) Verify the age of the purchaser by checking a 
 
 
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1 government-issued identification card by use of an 
2 electronic reader or electronic scanning device to scan a 
3 purchaser's government-issued identification, if 
4 applicable, to determine the purchaser's age and the 
5 validity of the identification;
6        (2) Verify the validity of the government-issued 
7 identification card by use of an electronic reader or 
8 electronic scanning device to scan a purchaser's 
9 government-issued identification, if applicable, to 
10 determine the purchaser's age and the validity of the 
11 identification;
12        (3) Offer any appropriate purchaser education or 
13 support materials;
14        (3-5) Verify the qualifying patient, provisional 
15 patient, or designated caregiver's registration card, if 
16 purchasing as a patient or caregiver;    
17        (4) Enter the following information into the State's 
18 cannabis electronic verification system:
19            (i) The dispensing organization agent's 
20 identification number, or if the agent's card 
21 application is pending the Department's approval, a 
22 temporary and unique identifier until the agent's card 
23 application is approved or denied by the Department;
24            (ii) The dispensing organization's identification 
25 number;
26            (iii) The amount, type (including strain, if 
 
 
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1 applicable) of cannabis or cannabis-infused product 
2 dispensed;
3            (iv) The date and time the cannabis was dispensed.
4    (b) A dispensing organization shall refuse to sell 
5cannabis or cannabis-infused products to any person unless the 
6person produces a valid identification showing that the person 
7is 21 years of age or older or a qualifying patient, 
8provisional patient, or designated caregivers registered under 
9the Compassionate Use of Medical Cannabis Program Act. A 
10medical cannabis dispensing organization may sell cannabis or 
11cannabis-infused products to a person who is under 21 years of 
12age if the sale complies with the provisions of the 
13Compassionate Use of Medical Cannabis Program Act and rules.    
14    (c) For the purposes of this Section, valid identification 
15must:
16    (d) A dispensing organization shall not dispense to a 
17registered qualifying patient, provisional patient, or a 
18designated caregiver, an amount exceeding the patient's 
19adequate medical supply unless the qualifying patient has a 
20Department of Public Health-approved quantity waiver.    
21    (e)Notwithstanding any other provision of law, a 
22dispensing organization may offer pickup or drive-through 
23locations for cannabis or cannabis-infused products to 
24purchasers over 21 years of age, qualifying patients, 
25provisional patients, and designated caregivers in accordance 
26with Section 15-100 of this Act.    
 
 
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1        (1) Be valid and unexpired;
2        (2) Contain a photograph and the date of birth of the 
3 person.
4(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
5102-98, eff. 7-15-21.)

6    (410 ILCS 705/15-100)
7    Sec. 15-100. Security. 
8    (a) A dispensing organization shall implement security 
9measures to deter and prevent entry into and theft of cannabis 
10or currency.
11    (b) A dispensing organization shall submit any changes to 
12the floor plan or security plan to the Department for 
13pre-approval. All cannabis shall be maintained and stored in a 
14restricted access area during construction.
15    (c) The dispensing organization shall implement security 
16measures to protect the premises, purchasers, and dispensing 
17organization agents including, but not limited to the 
18following:
19        (1) Establish a locked door or barrier between the 
20 facility's entrance and the limited access area;
21        (2) Prevent individuals from remaining on the premises 
22 if they are not engaging in activity permitted by this Act 
23 or rules;
24        (3) Develop a policy that addresses the maximum 
25 capacity and purchaser flow in the waiting rooms and 
 
 
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1 limited access areas;
2        (4) Dispose of cannabis in accordance with this Act 
3 and rules;
4        (5) During hours of operation, store and dispense all 
5 cannabis in from the restricted access area. During 
6 operational hours, cannabis shall be stored in an enclosed 
7 locked room or cabinet and accessible only to specifically 
8 authorized dispensing organization agents;
9        (5.5) During hours of operation, dispense all cannabis 
10 from the restricted access area, including a drive-through 
11 window, or from a pickup location in close proximity to 
12 the restricted access area. Orders in the pickup or 
13 drive-through location may only be placed by the purchaser 
14 or patient in advance, and the dispensing organization 
15 shall, prior to dispensing the cannabis, confirm that the 
16 purchaser, registered qualifying patient, provisional 
17 patient, or designated caregiver is in compliance with 
18 Section 15-85 of this Act. As used in this paragraph, 
19 "pickup location in close proximity" means an area 
20 contiguous to the real property of the dispensary, such as 
21 a sidewalk or parking lot;    
22        (6) When the dispensary is closed, store all cannabis 
23 and currency in a reinforced vault room in the restricted 
24 access area and in a manner as to prevent diversion, 
25 theft, or loss;
26        (7) Keep the reinforced vault room and any other 
 
 
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1 equipment or cannabis storage areas securely locked and 
2 protected from unauthorized entry;
3        (8) Keep an electronic daily log of dispensing 
4 organization agents with access to the reinforced vault 
5 room and knowledge of the access code or combination;
6        (9) Keep all locks and security equipment in good 
7 working order;
8        (10) Maintain an operational security and alarm system 
9 at all times;
10        (11) Prohibit keys, if applicable, from being left in 
11 the locks, or stored or placed in a location accessible to 
12 persons other than specifically authorized personnel;
13        (12) Prohibit accessibility of security measures, 
14 including combination numbers, passwords, or electronic or 
15 biometric security systems to persons other than 
16 specifically authorized dispensing organization agents;
17        (13) Ensure that the dispensary interior and exterior 
18 premises are sufficiently lit to facilitate surveillance;
19        (14) Ensure that trees, bushes, and other foliage 
20 outside of the dispensary premises do not allow for a 
21 person or persons to conceal themselves from sight;
22        (15) Develop emergency policies and procedures for 
23 securing all product and currency following any instance 
24 of diversion, theft, or loss of cannabis, and conduct an 
25 assessment to determine whether additional safeguards are 
26 necessary; and
 
 
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1        (16) Develop sufficient additional safeguards in 
2 response to any special security concerns, or as required 
3 by the Department; and    
4        (17) Maintain a security and safe storage plan for 
5 qualifying patient information. The health care 
6 professional-patient privilege as set forth by Section 
7 8-802 of the Code of Civil Procedure shall apply between a 
8 qualifying patient, provisional patient, and a dispensing 
9 organization and its agents with respect to communications 
10 and records concerning patients' debilitating conditions.
11    (d) The Department may request or approve alternative 
12security provisions that it determines are an adequate 
13substitute for a security requirement specified in this 
14Article. Any additional protections may be considered by the 
15Department in evaluating overall security measures.
16    (e) A dispensing organization may share premises with a 
17craft grower or an infuser organization, or both, provided 
18each licensee stores currency and cannabis or cannabis-infused 
19products in a separate secured vault to which the other 
20licensee does not have access or all licensees sharing a vault 
21share more than 50% of the same ownership.
22    (f) A dispensing organization shall provide additional 
23security as needed and in a manner appropriate for the 
24community where it operates.
25    (g) Restricted access areas.
26        (1) All restricted access areas must be identified by 
 
 
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1 the posting of a sign that is a minimum of 12 inches by 12 
2 inches and that states "Do Not Enter - Restricted Access 
3 Area - Authorized Personnel Only" in lettering no smaller 
4 than one inch in height.
5        (2) All restricted access areas shall be clearly 
6 described in the floor plan of the premises, in the form 
7 and manner determined by the Department, reflecting walls, 
8 partitions, counters, and all areas of entry and exit. The 
9 floor plan shall show all storage, disposal, and retail 
10 sales areas.
11        (3) All restricted access areas must be secure, with 
12 locking devices that prevent access from the limited 
13 access areas.
14    (h) Security and alarm.
15        (1) A dispensing organization shall have an adequate 
16 security plan and security system to prevent and detect 
17 diversion, theft, or loss of cannabis, currency, or 
18 unauthorized intrusion using commercial grade equipment 
19 installed by an Illinois licensed private alarm contractor 
20 or private alarm contractor agency that shall, at a 
21 minimum, include:
22            (i) A perimeter alarm on all entry points and 
23 glass break protection on perimeter windows;
24            (ii) Security shatterproof tinted film on exterior 
25 windows;
26            (iii) A failure notification system that provides 
 
 
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1 an audible, text, or visual notification of any 
2 failure in the surveillance system, including, but not 
3 limited to, panic buttons, alarms, and video 
4 monitoring system. The failure notification system 
5 shall provide an alert to designated dispensing 
6 organization agents within 5 minutes after the 
7 failure, either by telephone or text message;
8            (iv) A duress alarm, panic button, and alarm, or 
9 holdup alarm and after-hours intrusion detection alarm 
10 that by design and purpose will directly or indirectly 
11 notify, by the most efficient means, the Public Safety 
12 Answering Point for the law enforcement agency having 
13 primary jurisdiction;
14            (v) Security equipment to deter and prevent 
15 unauthorized entrance into the dispensary, including 
16 electronic door locks on the limited and restricted 
17 access areas that include devices or a series of 
18 devices to detect unauthorized intrusion that may 
19 include a signal system interconnected with a radio 
20 frequency method, cellular, private radio signals or 
21 other mechanical or electronic device.
22        (2) All security system equipment and recordings shall 
23 be maintained in good working order, in a secure location 
24 so as to prevent theft, loss, destruction, or alterations.
25        (3) Access to surveillance monitoring recording 
26 equipment shall be limited to persons who are essential to 
 
 
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1 surveillance operations, law enforcement authorities 
2 acting within their jurisdiction, security system service 
3 personnel, and the Department. A current list of 
4 authorized dispensing organization agents and service 
5 personnel that have access to the surveillance equipment 
6 must be available to the Department upon request.
7        (4) All security equipment shall be inspected and 
8 tested at regular intervals, not to exceed one month from 
9 the previous inspection, and tested to ensure the systems 
10 remain functional.
11        (5) The security system shall provide protection 
12 against theft and diversion that is facilitated or hidden 
13 by tampering with computers or electronic records.
14        (6) The dispensary shall ensure all access doors are 
15 not solely controlled by an electronic access panel to 
16 ensure that locks are not released during a power outage.
17    (i) To monitor the dispensary, the dispensing organization 
18shall incorporate continuous electronic video monitoring 
19including the following:
20        (1) All monitors must be 19 inches or greater;
21        (2) Unobstructed video surveillance of all enclosed 
22 dispensary areas, unless prohibited by law, including all 
23 points of entry and exit that shall be appropriate for the 
24 normal lighting conditions of the area under surveillance. 
25 The cameras shall be directed so all areas are captured, 
26 including, but not limited to, safes, vaults, sales areas, 
 
 
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1 and areas where cannabis is stored, handled, dispensed, or 
2 destroyed. Cameras shall be angled to allow for facial 
3 recognition, the capture of clear and certain 
4 identification of any person entering or exiting the 
5 dispensary area and in lighting sufficient during all 
6 times of night or day;
7        (3) Unobstructed video surveillance of outside areas, 
8 the storefront, and the parking lot, that shall be 
9 appropriate for the normal lighting conditions of the area 
10 under surveillance. Cameras shall be angled so as to allow 
11 for the capture of facial recognition, clear and certain 
12 identification of any person entering or exiting the 
13 dispensary and the immediate surrounding area, and license 
14 plates of vehicles in the parking lot;
15        (4) 24-hour recordings from all video cameras 
16 available for immediate viewing by the Department upon 
17 request. Recordings shall not be destroyed or altered and 
18 shall be retained for at least 90 days. Recordings shall 
19 be retained as long as necessary if the dispensing 
20 organization is aware of the loss or theft of cannabis or a 
21 pending criminal, civil, or administrative investigation 
22 or legal proceeding for which the recording may contain 
23 relevant information;
24        (5) The ability to immediately produce a clear, color 
25 still photo from the surveillance video, either live or 
26 recorded;
 
 
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1        (6) A date and time stamp embedded on all video 
2 surveillance recordings. The date and time shall be 
3 synchronized and set correctly and shall not significantly 
4 obscure the picture;
5        (7) The ability to remain operational during a power 
6 outage and ensure all access doors are not solely 
7 controlled by an electronic access panel to ensure that 
8 locks are not released during a power outage;
9        (8) All video surveillance equipment shall allow for 
10 the exporting of still images in an industry standard 
11 image format, including .jpg, .bmp, and .gif. Exported 
12 video shall have the ability to be archived in a 
13 proprietary format that ensures authentication of the 
14 video and guarantees that no alteration of the recorded 
15 image has taken place. Exported video shall also have the 
16 ability to be saved in an industry standard file format 
17 that can be played on a standard computer operating 
18 system. All recordings shall be erased or destroyed before 
19 disposal;
20        (9) The video surveillance system shall be operational 
21 during a power outage with a 4-hour minimum battery 
22 backup;
23        (10) A video camera or cameras recording at each 
24 point-of-sale location allowing for the identification of 
25 the dispensing organization agent distributing the 
26 cannabis and any purchaser. The camera or cameras shall 
 
 
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1 capture the sale, the individuals and the computer 
2 monitors used for the sale;
3        (11) A failure notification system that provides an 
4 audible and visual notification of any failure in the 
5 electronic video monitoring system; and
6        (12) All electronic video surveillance monitoring must 
7 record at least the equivalent of 8 frames per second and 
8 be available as recordings to the Department and the 
9 Illinois State Police 24 hours a day via a secure 
10 web-based portal with reverse functionality.
11    (j) The requirements contained in this Act are minimum 
12requirements for operating a dispensing organization. The 
13Department may establish additional requirements by rule.
14(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
15102-538, eff. 8-20-21.)

16    (410 ILCS 705/15-135)
17    Sec. 15-135. Investigations. 
18    (a) Dispensing organizations are subject to random and 
19unannounced dispensary inspections and cannabis testing by the 
20Department, the Department of Agriculture, the Department of 
21Revenue, the Department of Public Health, the Illinois State 
22Police, local law enforcement, local health officials, or as 
23provided by rule.
24    (b) The Department and its authorized representatives may 
25enter any place, including a vehicle, in which cannabis is 
 
 
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1held, stored, dispensed, sold, produced, delivered, 
2transported, manufactured, or disposed of and inspect, in a 
3reasonable manner, the place and all pertinent equipment, 
4containers and labeling, and all things including records, 
5files, financial data, sales data, shipping data, pricing 
6data, personnel data, research, papers, processes, controls, 
7and facility, and inventory any stock of cannabis and obtain 
8samples of any cannabis or cannabis-infused product, any 
9labels or containers for cannabis, or paraphernalia.
10    (c) The Department may conduct an investigation of an 
11applicant, application, dispensing organization, principal 
12officer, dispensary agent, third party vendor, or any other 
13party associated with a dispensing organization for an alleged 
14violation of this Act or rules or to determine qualifications 
15to be granted a registration by the Department.
16    (d) The Department may require an applicant or holder of 
17any license issued pursuant to this Article to produce 
18documents, records, or any other material pertinent to the 
19investigation of an application or alleged violations of this 
20Act or rules. Failure to provide the required material may be 
21grounds for denial or discipline.
22    (e) Every person charged with preparation, obtaining, or 
23keeping records, logs, reports, or other documents in 
24connection with this Act and rules and every person in charge, 
25or having custody, of those documents shall, upon request by 
26the Department, make the documents immediately available for 
 
 
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1inspection and copying by the Department, the Department's 
2authorized representative, or others authorized by law to 
3review the documents.
4(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; 
5102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

6    (410 ILCS 705/15-145)
7    Sec. 15-145. Grounds for discipline. 
8    (a) The Department may deny issuance, refuse to renew or 
9restore, or may reprimand, place on probation, suspend, 
10revoke, or take other disciplinary or nondisciplinary action 
11against any license or agent identification card or may impose 
12a fine for any of the following:
13        (1) Material misstatement in furnishing information to 
14 the Department;
15        (2) Violations of this Act or rules;
16        (3) Obtaining an authorization or license by fraud or 
17 misrepresentation;
18        (4) A pattern of conduct that demonstrates 
19 incompetence or that the applicant has engaged in conduct 
20 or actions that would constitute grounds for discipline 
21 under this Act;
22        (5) Aiding or assisting another person in violating 
23 any provision of this Act or rules;
24        (6) Failing to respond to a written request for 
25 information by the Department within 30 days;
 
 
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1        (7) Engaging in unprofessional, dishonorable, or 
2 unethical conduct of a character likely to deceive, 
3 defraud, or harm the public;
4        (8) Adverse action by another United States 
5 jurisdiction or foreign nation;
6        (9) A finding by the Department that the licensee, 
7 after having his or her license placed on suspended or 
8 probationary status, has violated the terms of the 
9 suspension or probation;
10        (10) Conviction, entry of a plea of guilty, nolo 
11 contendere, or the equivalent in a State or federal court 
12 of a principal officer or agent-in-charge of a felony 
13 offense in accordance with Sections 2105-131, 2105-135, 
14 and 2105-205 of the Department of Professional Regulation 
15 Law of the Civil Administrative Code of Illinois;
16        (11) Excessive use of or addiction to alcohol, 
17 narcotics, stimulants, or any other chemical agent or 
18 drug;
19        (12) A finding by the Department of a discrepancy in a 
20 Department audit of cannabis;
21        (13) A finding by the Department of a discrepancy in a 
22 Department audit of capital or funds;
23        (14) A finding by the Department of acceptance of 
24 cannabis from a source other than a cultivation center an 
25 Adult Use Cultivation Center, craft grower, infuser, or 
26 transporting organization licensed by the Department of 
 
 
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1 Agriculture, or a dispensing organization licensed by the 
2 Department;
3        (15) An inability to operate using reasonable 
4 judgment, skill, or safety due to physical or mental 
5 illness or other impairment or disability, including, 
6 without limitation, deterioration through the aging 
7 process or loss of motor skills or mental incompetence;
8        (16) Failing to report to the Department within the 
9 time frames established, or if not identified, 14 days, of 
10 any adverse action taken against the dispensing 
11 organization or an agent by a licensing jurisdiction in 
12 any state or any territory of the United States or any 
13 foreign jurisdiction, any governmental agency, any law 
14 enforcement agency or any court defined in this Section;
15        (17) Any violation of the dispensing organization's 
16 policies and procedures submitted to the Department 
17 annually as a condition for licensure; 
18        (18) Failure to inform the Department of any change of 
19 address within 10 business days;
20        (19) Disclosing customer names, personal information, 
21 or protected health information in violation of any State 
22 or federal law;
23        (20) Operating a dispensary before obtaining a license 
24 from the Department;
25        (21) Performing duties authorized by this Act prior to 
26 receiving a license to perform such duties;
 
 
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1        (22) Dispensing cannabis when prohibited by this Act 
2 or rules;
3        (23) Any fact or condition that, if it had existed at 
4 the time of the original application for the license, 
5 would have warranted the denial of the license;
6        (24) Permitting a person without a valid agent 
7 identification card to perform licensed activities under 
8 this Act;
9        (25) Failure to assign an agent-in-charge as required 
10 by this Article;
11        (26) Failure to provide the training required by 
12 paragraph (3) of subsection (i) of Section 15-40 within 
13 the provided timeframe; 
14        (27) Personnel insufficient in number or unqualified 
15 in training or experience to properly operate the 
16 dispensary business;
17        (28) Any pattern of activity that causes a harmful 
18 impact on the community; and
19        (29) Failing to prevent diversion, theft, or loss of 
20 cannabis.
21    (b) All fines and fees imposed under this Section shall be 
22paid within 60 days after the effective date of the order 
23imposing the fine or as otherwise specified in the order.
24    (c) A circuit court order establishing that an 
25agent-in-charge or principal officer holding an agent 
26identification card is subject to involuntary admission as 
 
 
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1that term is defined in Section 1-119 or 1-119.1 of the Mental 
2Health and Developmental Disabilities Code shall operate as a 
3suspension of that card.
4(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

5    (410 ILCS 705/Art. 20 heading)
6
Article 20.
7
Adult Use  Cultivation Centers
8(Source: P.A. 101-27, eff. 6-25-19.)

9    (410 ILCS 705/20-10)
10    Sec. 20-10. Early Approval of Adult Use Cultivation Center 
11License. 
12    (a) Any medical cannabis cultivation center registered and 
13in good standing under the Compassionate Use of Medical 
14Cannabis Program Act as of the effective date of this Act may, 
15within 60 days of the effective date of this Act but no later 
16than 180 days from the effective date of this Act, apply to the 
17Department of Agriculture for an Early Approval Adult Use 
18Cultivation Center License to produce cannabis and 
19cannabis-infused products at its existing facilities as of the 
20effective date of this Act. 
21    (b) A medical cannabis cultivation center seeking issuance 
22of an Early Approval Adult Use Cultivation Center License 
23shall submit an application on forms provided by the 
24Department of Agriculture. The application must meet or 
 
 
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1include the following qualifications:
2        (1) Payment of a nonrefundable application fee of 
3 $100,000 to be deposited into the Cannabis Regulation 
4 Fund;
5        (2) Proof of registration as a medical cannabis 
6 cultivation center that is in good standing;
7        (3) Submission of the application by the same person 
8 or entity that holds the medical cannabis cultivation 
9 center registration;
10        (4) Certification that the applicant will comply with 
11 the requirements of Section 20-30;
12        (5) The legal name of the cultivation center;
13        (6) The physical address of the cultivation center;
14        (7) The name, address, social security number, and 
15 date of birth of each principal officer and board member 
16 of the cultivation center; each of those individuals shall 
17 be at least 21 years of age;
18        (8) A nonrefundable Cannabis Business Development Fee 
19 equal to 5% of the cultivation center's total sales 
20 between June 1, 2018 to June 1, 2019 or $750,000, 
21 whichever is less, but at not less than $250,000, to be 
22 deposited into the Cannabis Business Development Fund; and
23        (9) A commitment to completing one of the following 
24 Social Equity Inclusion Plans provided for in this 
25 subsection (b) before the expiration of the Early Approval 
26 Adult Use Cultivation Center License:
 
 
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1            (A) A contribution of 5% of the cultivation 
2 center's total sales from June 1, 2018 to June 1, 2019, 
3 or $100,000, whichever is less, to one of the 
4 following: 
5                (i) the Cannabis Business Development Fund. 
6 This is in addition to the fee required by item (8) 
7 of this subsection (b);
8                (ii) a cannabis industry training or education 
9 program at an Illinois community college as 
10 defined in the Public Community College Act;
11                (iii) a program that provides job training 
12 services to persons recently incarcerated or that 
13 operates in a Disproportionately Impacted Area.
14            (B) Participate as a host in a cannabis business 
15 incubator program for at least one year approved by 
16 the Department of Commerce and Economic Opportunity, 
17 and in which an Early Approval Adult Use Cultivation 
18 Center License holder agrees to provide a loan of at 
19 least $100,000 and mentorship to incubate, for at 
20 least a year, a Social Equity Applicant intending to 
21 seek a license or a licensee that qualifies as a Social 
22 Equity Applicant. As used in this Section, "incubate" 
23 means providing direct financial assistance and 
24 training necessary to engage in licensed cannabis 
25 industry activity similar to that of the host 
26 licensee. The Early Approval Adult Use Cultivation 
 
 
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1 Center License holder or the same entity holding any 
2 other licenses issued pursuant to this Act shall not 
3 take an ownership stake of greater than 10% in any 
4 business receiving incubation services to comply with 
5 this subsection. If an Early Approval Adult Use 
6 Cultivation Center License holder fails to find a 
7 business to incubate to comply with this subsection 
8 before its Early Approval Adult Use Cultivation Center 
9 License expires, it may opt to meet the requirement of 
10 this subsection by completing another item from this 
11 subsection prior to the expiration of its Early 
12 Approval Adult Use Cultivation Center License to avoid 
13 a penalty.
14    (c) An Early Approval Adult Use Cultivation Center License 
15is valid until March 31, 2021. A cultivation center that 
16obtains an Early Approval Adult Use Cultivation Center License 
17shall receive written or electronic notice 90 days before the 
18expiration of the license that the license will expire, and 
19inform the license holder that it may renew its Early Approval 
20Adult Use Cultivation Center License. The Department of 
21Agriculture shall grant a renewal of an Early Approval Adult 
22Use Cultivation Center License within 60 days of submission of 
23an application if:
24        (1) the cultivation center submits an application and 
25 the required renewal fee of $100,000 for an Early Approval 
26 Adult Use Cultivation Center License;
 
 
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1        (2) the Department of Agriculture has not suspended 
2 the license of the cultivation center or suspended or 
3 revoked the license for violating this Act or rules 
4 adopted under this Act; and
5        (3) the cultivation center has completed a Social 
6 Equity Inclusion Plan as required by item (9) of 
7 subsection (b) of this Section.
8    (c-5) The Early Approval Adult Use Cultivation Center 
9License renewed pursuant to subsection (c) of this Section 
10shall expire March 31, 2022. The Early Approval Adult Use 
11Cultivation Center Licensee shall receive written or 
12electronic notice 90 days before the expiration of the license 
13that the license will expire, and inform the license holder 
14that it may apply for a an Adult Use Cultivation Center 
15License. The Department of Agriculture shall grant a 
16Cultivation Center an Adult Use Dispensing Organization    
17License within 60 days of an application being deemed complete 
18if the applicant meets all of the criteria in Section 20-21. 
19    (d) The license fee required by paragraph (1) of 
20subsection (c) of this Section shall be in addition to any 
21license fee required for the renewal of a registered medical 
22cannabis cultivation center license that expires during the 
23effective period of the Early Approval Adult Use Cultivation 
24Center License.
25    (e) Applicants must submit all required information, 
26including the requirements in subsection (b) of this Section, 
 
 
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1to the Department of Agriculture. Failure by an applicant to 
2submit all required information may result in the application 
3being disqualified.
4    (f) If the Department of Agriculture receives an 
5application with missing information, the Department may issue 
6a deficiency notice to the applicant. The applicant shall have 
710 calendar days from the date of the deficiency notice to 
8submit complete information. Applications that are still 
9incomplete after this opportunity to cure may be disqualified.
10    (g) If an applicant meets all the requirements of 
11subsection (b) of this Section, the Department of Agriculture 
12shall issue the Early Approval Adult Use Cultivation Center 
13License within 14 days of receiving the application unless:
14        (1) The licensee; principal officer, board member, or 
15 person having a financial or voting interest of 5% or 
16 greater in the licensee; or agent is delinquent in filing 
17 any required tax returns or paying any amounts owed to the 
18 State of Illinois;
19        (2) The Director of Agriculture determines there is 
20 reason, based on an inordinate number of documented 
21 compliance violations, the licensee is not entitled to an 
22 Early Approval Adult Use Cultivation Center License; or
23        (3) The licensee fails to commit to the Social Equity 
24 Inclusion Plan.
25    (h) A cultivation center may begin producing cannabis and 
26cannabis-infused products once the Early Approval Adult Use 
 
 
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1Cultivation Center License is approved. A cultivation center 
2that obtains an Early Approval Adult Use Cultivation Center 
3License may begin selling cannabis and cannabis-infused 
4products on December 1, 2019.
5    (i) An Early Approval Adult Use Cultivation Center License 
6holder must continue to produce and provide an adequate supply 
7of cannabis and cannabis-infused products for purchase by 
8qualifying patients and caregivers. For the purposes of this 
9subsection, "adequate supply" means a monthly production level 
10that is comparable in type and quantity to those medical 
11cannabis products produced for patients and caregivers on an 
12average monthly basis for the 6 months before the effective 
13date of this Act.
14    (j) If there is a shortage of cannabis or cannabis-infused 
15products, a license holder shall prioritize patients 
16registered under the Compassionate Use of Medical Cannabis 
17Program Act over adult use purchasers.
18    (k) If an Early Approval Adult Use Cultivation Center 
19licensee fails to submit an application for a an Adult Use    
20Cultivation Center License before the expiration of the Early 
21Approval Adult Use Cultivation Center License pursuant to 
22subsection (c-5) of this Section, the cultivation center shall 
23cease all adult use cultivation until it receives a an Adult 
24Use Cultivation Center License.
25    (l) A cultivation center agent who holds a valid 
26cultivation center agent identification card issued under the 
 
 
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1Compassionate Use of Medical Cannabis Program Act and is an 
2officer, director, manager, or employee of the cultivation 
3center licensed under this Section may engage in all 
4activities authorized by this Article to be performed by a 
5cultivation center agent.
6    (m) If the Department of Agriculture suspends or revokes 
7the Early Approval Adult Use Cultivation Center License of a 
8cultivation center that also holds a medical cannabis 
9cultivation center license issued under the Compassionate Use 
10of Medical Cannabis Program Act, the Department of Agriculture 
11may suspend or revoke the medical cannabis cultivation center 
12license concurrently with the Early Approval Adult Use 
13Cultivation Center License.
14    (n) All fees or fines collected from an Early Approval 
15Adult Use Cultivation Center License holder as a result of a 
16disciplinary action in the enforcement of this Act shall be 
17deposited into the Cannabis Regulation Fund. 
18(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

19    (410 ILCS 705/20-15)
20    Sec. 20-15. Conditional Adult Use Cultivation Center 
21application. 
22    (a) If the Department of Agriculture makes available 
23additional cultivation center licenses pursuant to Section 
2420-5, applicants for a Conditional Adult Use Cultivation 
25Center License shall electronically submit the following in 
 
 
HB3682- 244 -LRB104 09747 BDA 19813 b


1such form as the Department of Agriculture may direct:
2        (1) the nonrefundable application fee set by rule by 
3 the Department of Agriculture, to be deposited into the 
4 Cannabis Regulation Fund;
5        (2) the legal name of the cultivation center;
6        (3) the proposed physical address of the cultivation 
7 center;
8        (4) the name, address, social security number, and 
9 date of birth of each principal officer and board member 
10 of the cultivation center; each principal officer and 
11 board member shall be at least 21 years of age;
12        (5) the details of any administrative or judicial 
13 proceeding in which any of the principal officers or board 
14 members of the cultivation center (i) pled guilty, were 
15 convicted, were fined, or had a registration or license 
16 suspended or revoked, or (ii) managed or served on the 
17 board of a business or non-profit organization that pled 
18 guilty, was convicted, was fined, or had a registration or 
19 license suspended or revoked;
20        (6) proposed operating bylaws that include procedures 
21 for the oversight of the cultivation center, including the 
22 development and implementation of a plant monitoring 
23 system, accurate recordkeeping, staffing plan, and 
24 security plan approved by the Illinois State Police that 
25 are in accordance with the rules issued by the Department 
26 of Agriculture under this Act. A physical inventory shall 
 
 
HB3682- 245 -LRB104 09747 BDA 19813 b


1 be performed of all plants and cannabis on a weekly basis 
2 by the cultivation center;
3        (7) verification from the Illinois State Police that 
4 all background checks of the prospective principal 
5 officers, board members, and agents of the cannabis 
6 business establishment have been conducted;
7        (8) a copy of the current local zoning ordinance or 
8 permit and verification that the proposed cultivation 
9 center is in compliance with the local zoning rules and 
10 distance limitations established by the local 
11 jurisdiction;
12        (9) proposed employment practices, in which the 
13 applicant must demonstrate a plan of action to inform, 
14 hire, and educate minorities, women, veterans, and persons 
15 with disabilities, engage in fair labor practices, and 
16 provide worker protections;
17        (10) whether an applicant can demonstrate experience 
18 in or business practices that promote economic empowerment 
19 in Disproportionately Impacted Areas;
20        (11) experience with the cultivation of agricultural 
21 or horticultural products, operating an agriculturally 
22 related business, or operating a horticultural business;
23        (12) a description of the enclosed, locked facility 
24 where cannabis will be grown, harvested, manufactured, 
25 processed, packaged, or otherwise prepared for 
26 distribution to a dispensing organization;
 
 
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1        (13) a survey of the enclosed, locked facility, 
2 including the space used for cultivation;
3        (14) cultivation, processing, inventory, and packaging 
4 plans;
5        (15) a description of the applicant's experience with 
6 agricultural cultivation techniques and industry 
7 standards;
8        (16) a list of any academic degrees, certifications, 
9 or relevant experience of all prospective principal 
10 officers, board members, and agents of the related 
11 business;
12        (17) the identity of every person having a financial 
13 or voting interest of 5% or greater in the cultivation 
14 center operation with respect to which the license is 
15 sought, whether a trust, corporation, partnership, limited 
16 liability company, or sole proprietorship, including the 
17 name and address of each person;
18        (18) a plan describing how the cultivation center will 
19 address each of the following:
20            (i) energy needs, including estimates of monthly 
21 electricity and gas usage, to what extent it will 
22 procure energy from a local utility or from on-site 
23 generation, and if it has or will adopt a sustainable 
24 energy use and energy conservation policy;
25            (ii) water needs, including estimated water draw 
26 and if it has or will adopt a sustainable water use and 
 
 
HB3682- 247 -LRB104 09747 BDA 19813 b


1 water conservation policy; and
2            (iii) waste management, including if it has or 
3 will adopt a waste reduction policy; 
4        (19) a diversity plan that includes a narrative of not 
5 more than 2,500 words that establishes a goal of diversity 
6 in ownership, management, employment, and contracting to 
7 ensure that diverse participants and groups are afforded 
8 equality of opportunity;
9        (20) any other information required by rule;
10        (21) a recycling plan:
11            (A) Purchaser packaging, including cartridges, 
12 shall be accepted by the applicant and recycled.
13            (B) Any recyclable waste generated by the cannabis 
14 cultivation facility shall be recycled per applicable 
15 State and local laws, ordinances, and rules.
16            (C) Any cannabis waste, liquid waste, or hazardous 
17 waste shall be disposed of in accordance with 8 Ill. 
18 Adm. Code 1000.460, except, to the greatest extent 
19 feasible, all cannabis plant waste will be rendered 
20 unusable by grinding and incorporating the cannabis 
21 plant waste with compostable mixed waste to be 
22 disposed of in accordance with 8 Ill. Adm. Code 
23 1000.460(g)(1);
24        (22) commitment to comply with local waste provisions: 
25 a cultivation facility must remain in compliance with 
26 applicable State and federal environmental requirements, 
 
 
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1 including, but not limited to:
2            (A) storing, securing, and managing all 
3 recyclables and waste, including organic waste 
4 composed of or containing finished cannabis and 
5 cannabis products, in accordance with applicable State 
6 and local laws, ordinances, and rules; and
7            (B) disposing liquid waste containing cannabis or 
8 byproducts of cannabis processing in compliance with 
9 all applicable State and federal requirements, 
10 including, but not limited to, the cannabis 
11 cultivation facility's permits under Title X of the 
12 Environmental Protection Act; and
13        (23) a commitment to a technology standard for 
14 resource efficiency of the cultivation center facility.
15            (A) A cannabis cultivation facility commits to use 
16 resources efficiently, including energy and water. For 
17 the following, a cannabis cultivation facility commits 
18 to meet or exceed the technology standard identified 
19 in items (i), (ii), (iii), and (iv), which may be 
20 modified by rule:
21                (i) lighting systems, including light bulbs;
22                (ii) HVAC system;
23                (iii) water application system to the crop; 
24 and
25                (iv) filtration system for removing 
26 contaminants from wastewater.
 
 
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1            (B) Lighting. The Lighting Power Densities (LPD) 
2 for cultivation space commits to not exceed an average 
3 of 36 watts per gross square foot of active and growing 
4 space canopy, or all installed lighting technology 
5 shall meet a photosynthetic photon efficacy (PPE) of 
6 no less than 2.2 micromoles per joule fixture and 
7 shall be featured on the DesignLights Consortium (DLC) 
8 Horticultural Specification Qualified Products List 
9 (QPL). In the event that DLC requirement for minimum 
10 efficacy exceeds 2.2 micromoles per joule fixture, 
11 that PPE shall become the new standard.
12            (C) HVAC.
13                (i) For cannabis grow operations with less 
14 than 6,000 square feet of canopy, the licensee 
15 commits that all HVAC units will be 
16 high-efficiency ductless split HVAC units, or 
17 other more energy efficient equipment. 
18                (ii) For cannabis grow operations with 6,000 
19 square feet of canopy or more, the licensee 
20 commits that all HVAC units will be variable 
21 refrigerant flow HVAC units, or other more energy 
22 efficient equipment.
23            (D) Water application.
24                (i) The cannabis cultivation facility commits 
25 to use automated watering systems, including, but 
26 not limited to, drip irrigation and flood tables, 
 
 
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1 to irrigate cannabis crop.
2                (ii) The cannabis cultivation facility commits 
3 to measure runoff from watering events and report 
4 this volume in its water usage plan, and that on 
5 average, watering events shall have no more than 
6 20% of runoff of water. 
7            (E) Filtration. The cultivator commits that HVAC 
8 condensate, dehumidification water, excess runoff, and 
9 other wastewater produced by the cannabis cultivation 
10 facility shall be captured and filtered to the best of 
11 the facility's ability to achieve the quality needed 
12 to be reused in subsequent watering rounds.
13            (F) Reporting energy use and efficiency as 
14 required by rule.
15    (b) Applicants must submit all required information, 
16including the information required in Section 20-10, to the 
17Department of Agriculture. Failure by an applicant to submit 
18all required information may result in the application being 
19disqualified.
20    (c) If the Department of Agriculture receives an 
21application with missing information, the Department of 
22Agriculture may issue a deficiency notice to the applicant. 
23The applicant shall have 10 calendar days from the date of the 
24deficiency notice to resubmit the incomplete information. 
25Applications that are still incomplete after this opportunity 
26to cure will not be scored and will be disqualified.
 
 
HB3682- 251 -LRB104 09747 BDA 19813 b


1    (d) (Blank).    
2    (e) A cultivation center that is awarded a Conditional 
3Adult Use Cultivation Center License pursuant to the criteria 
4in Section 20-20 shall not grow, purchase, possess, or sell 
5cannabis or cannabis-infused products until the person has 
6received an Adult Use Cultivation Center License issued by the 
7Department of Agriculture pursuant to Section 20-21 of this 
8Act. 
9(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
10102-538, eff. 8-20-21; revised 7-23-24.)

11    (410 ILCS 705/20-20)
12    Sec. 20-20. Conditional Cultivation Center Adult Use    
13License scoring applications.
14    (a) The Department of Agriculture shall by rule develop a 
15system to score cultivation center applications to 
16administratively rank applications based on the clarity, 
17organization, and quality of the applicant's responses to 
18required information. Applicants shall be awarded points based 
19on the following categories:
20        (1) Suitability of the proposed facility;
21        (2) Suitability of employee training plan;
22        (3) Security and recordkeeping;
23        (4) Cultivation plan;
24        (5) Product safety and labeling plan;
25        (6) Business plan;
 
 
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1        (7) The applicant's status as a Social Equity 
2 Applicant, which shall constitute no less than 20% of 
3 total available points;
4        (8) Labor and employment practices, which shall 
5 constitute no less than 2% of total available points;
6        (9) Environmental plan as described in paragraphs 
7 (18), (21), (22), and (23) of subsection (a) of Section 
8 20-15;
9        (10) The applicant is 51% or more owned and controlled 
10 by an individual or individuals who have been an Illinois 
11 resident for the past 5 years as proved by tax records or 2 
12 of the following:
13            (A) a signed lease agreement that includes the 
14 applicant's name;
15            (B) a property deed that includes the applicant's 
16 name;
17            (C) school records;
18            (D) a voter registration card;
19            (E) an Illinois driver's license, an Illinois 
20 Identification Card, or an Illinois Person with a 
21 Disability Identification Card;
22            (F) a paycheck stub;
23            (G) a utility bill; or
24            (H) any other proof of residency or other 
25 information necessary to establish residence as 
26 provided by rule;
 
 
HB3682- 253 -LRB104 09747 BDA 19813 b


1        (11) The applicant is 51% or more controlled and owned 
2 by an individual or individuals who meet the 
3 qualifications of a veteran as defined by Section 45-57 of 
4 the Illinois Procurement Code;
5        (12) a diversity plan that includes a narrative of not 
6 more than 2,500 words that establishes a goal of diversity 
7 in ownership, management, employment, and contracting to 
8 ensure that diverse participants and groups are afforded 
9 equality of opportunity; and
10        (13) Any other criteria the Department of Agriculture 
11 may set by rule for points.
12    (b) The Department may also award bonus points for the 
13applicant's plan to engage with the community. Bonus points 
14will only be awarded if the Department receives applications 
15that receive an equal score for a particular region.
16    (c) Should the applicant be awarded a cultivation center 
17license, the information and plans that an applicant provided 
18in its application, including any plans submitted for the 
19acquiring of bonus points, becomes a mandatory condition of 
20the permit. Any variation from or failure to perform such 
21plans may result in discipline, including the revocation or 
22nonrenewal of a license.
23    (d) Should the applicant be awarded a cultivation center 
24license, it shall pay a fee of $100,000 prior to receiving the 
25license, to be deposited into the Cannabis Regulation Fund. 
26The Department of Agriculture may by rule adjust the fee in 
 
 
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1this Section after January 1, 2021.
2(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

3    (410 ILCS 705/20-21)
4    Sec. 20-21. Adult Use Cultivation Center License. 
5    (a) A person or entity is only eligible to receive a an 
6Adult Use Cultivation Center License if the person or entity 
7has first been awarded a Conditional Adult Use Cultivation 
8Center License pursuant to this Act or the person or entity has 
9renewed its Early Approval Cultivation Center License pursuant 
10to subsection (c) of Section 20-10. 
11    (b) The Department of Agriculture shall not issue a an 
12Adult Use Cultivation Center License until:
13        (1) the Department of Agriculture has inspected the 
14 cultivation center site and proposed operations and 
15 verified that they are in compliance with this Act and 
16 local zoning laws; 
17        (2) the Conditional Adult Use Cultivation Center 
18 License holder has paid a registration fee of $100,000 or 
19 a prorated amount accounting for the difference of time 
20 between when the Adult Use Cultivation Center License is 
21 issued and March 31 of the next even-numbered year; and 
22        (3) The Conditional Adult Use Cultivation Center 
23 License holder has met all the requirements in the Act and 
24 rules.
25    (c) Notwithstanding any other provision of law, on and 
 
 
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1after July 1, 2025, the Department shall cease to issue or 
2renew any medical cannabis cultivation permit issued under the 
3Compassionate Use of Medical Cannabis Act. Licensees that hold 
4dual Medical Cannabis Cultivation Permits and Adult Use 
5Cultivation Center Licenses may continue all operations with a 
6valid Cultivation Center License issued under this Act that is 
7in good standing.
8        (1) The Department shall create a process for licenses 
9 to transition to sole operation as Cultivation Centers; 
10 including refund or proration of medical cultivation 
11 center permit fees.
12        (2) Any statements or plans submitted as part of an 
13 initial application for a medical cannabis cultivation 
14 permit as well as all subsequent modifications and 
15 alterations shall remain a mandatory condition of the 
16 cultivation center license.
17        (3) Cultivation Centers shall not relocate except 
18 within the same Illinois State Police District boundary as 
19 specified on the date of January 1, 2013 in which the 
20 initial Medical Cannabis Cultivation Permit was initially 
21 issued.    
22(Source: P.A. 101-27, eff. 6-25-19.)

23    (410 ILCS 705/20-30)
24    Sec. 20-30. Cultivation center requirements; prohibitions. 
25    (a) The operating documents of a cultivation center shall 
 
 
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1include procedures for the oversight of the cultivation 
2center, a cannabis plant monitoring system including a 
3physical inventory recorded weekly, accurate recordkeeping, 
4and a staffing plan.
5    (b) A cultivation center shall implement a security plan 
6reviewed by the Illinois State Police that includes, but is 
7not limited to: facility access controls, perimeter intrusion 
8detection systems, personnel identification systems, 24-hour 
9surveillance system to monitor the interior and exterior of 
10the cultivation center facility and accessibility to 
11authorized law enforcement, the Department of Public Health 
12where processing takes place, and the Department of 
13Agriculture in real time.
14    (c) All cultivation of cannabis by a cultivation center 
15must take place in an enclosed, locked facility at the 
16physical address provided to the Department of Agriculture 
17during the licensing process. The cultivation center location 
18shall only be accessed by the agents working for the 
19cultivation center, the Department of Agriculture staff 
20performing inspections, the Department of Public Health staff 
21performing inspections, local and State law enforcement or 
22other emergency personnel, contractors working on jobs 
23unrelated to cannabis, such as installing or maintaining 
24security devices or performing electrical wiring, transporting 
25organization agents as provided in this Act, individuals in a 
26mentoring or educational program approved by the State, or 
 
 
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1other individuals as provided by rule.
2    (d) A cultivation center may not sell or distribute any 
3cannabis or cannabis-infused products to any person other than 
4a dispensing organization, craft grower, infuser organization, 
5transporter, or as otherwise authorized by rule.
6    (e) A cultivation center may not either directly or 
7indirectly discriminate in price between different dispensing 
8organizations, craft growers, or infuser organizations that 
9are purchasing a like grade, strain, brand, and quality of 
10cannabis or cannabis-infused product. Nothing in this 
11subsection (e) prevents a cultivation center from pricing 
12cannabis differently based on differences in the cost of 
13manufacturing or processing, the quantities sold, such as 
14volume discounts, or the way the products are delivered.
15    (f) All cannabis harvested by a cultivation center and 
16intended for distribution to a dispensing organization must be 
17entered into a data collection system, packaged and labeled 
18under Section 55-21, and placed into a cannabis container for 
19transport. All cannabis harvested by a cultivation center and 
20intended for distribution to a craft grower or infuser 
21organization must be packaged in a labeled cannabis container 
22and entered into a data collection system before transport.
23    (g) Cultivation centers are subject to random inspections 
24by the Department of Agriculture, the Department of Public 
25Health, local safety or health inspectors, the Illinois State 
26Police, or as provided by rule.
 
 
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1    (h) A cultivation center agent shall notify local law 
2enforcement, the Illinois State Police, and the Department of 
3Agriculture within 24 hours of the discovery of any loss or 
4theft. Notification shall be made by phone or in person, or by 
5written or electronic communication.
6    (i) A cultivation center shall comply with all State and 
7any applicable federal rules and regulations regarding the use 
8of pesticides on cannabis plants.
9    (j) No person or entity shall hold any legal, equitable, 
10ownership, or beneficial interest, directly or indirectly, of 
11more than 3 cultivation centers licensed under this Article. 
12Further, no person or entity that is employed by, an agent of, 
13has a contract to receive payment in any form from a 
14cultivation center, is a principal officer of a cultivation 
15center, or entity controlled by or affiliated with a principal 
16officer of a cultivation shall hold any legal, equitable, 
17ownership, or beneficial interest, directly or indirectly, in 
18a cultivation that would result in the person or entity owning 
19or controlling in combination with any cultivation center, 
20principal officer of a cultivation center, or entity 
21controlled or affiliated with a principal officer of a 
22cultivation center by which he, she, or it is employed, is an 
23agent of, or participates in the management of, more than 3 
24cultivation center licenses.
25    (k) A cultivation center may not contain more than 210,000 
26square feet of canopy space for plants in the flowering stage 
 
 
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1for cultivation of adult use cannabis as provided in this Act.
2    (l) A cultivation center may process cannabis, cannabis 
3concentrates, and cannabis-infused products.
4    (m) Beginning July 1, 2020, a cultivation center shall not 
5transport cannabis or cannabis-infused products to a craft 
6grower, dispensing organization, infuser organization, or 
7laboratory licensed under this Act, unless it has obtained a 
8transporting organization license.
9    (n) It is unlawful for any person having a cultivation 
10center license or any officer, associate, member, 
11representative, or agent of such licensee to offer or deliver 
12money, or anything else of value, directly or indirectly to 
13any person having an Early Approval Adult Use Dispensing 
14Organization License, a Conditional Adult Use Dispensing 
15Organization License, an Adult Use Dispensing Organization 
16License, or a medical cannabis dispensing organization license 
17issued under the Compassionate Use of Medical Cannabis Program 
18Act, or to any person connected with or in any way 
19representing, or to any member of the family of, such person 
20holding an Early Approval Adult Use Dispensing Organization 
21License, a Conditional Adult Use Dispensing Organization 
22License, an Adult Use Dispensing Organization License, or a 
23medical cannabis dispensing organization license issued under 
24the Compassionate Use of Medical Cannabis Program Act, or to 
25any stockholders in any corporation engaged in the retail sale 
26of cannabis, or to any officer, manager, agent, or 
 
 
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1representative of the Early Approval Adult Use Dispensing 
2Organization License, a Conditional Adult Use Dispensing 
3Organization License, an Adult Use Dispensing Organization 
4License, or a medical cannabis dispensing organization license 
5issued under the Compassionate Use of Medical Cannabis Program 
6Act to obtain preferential placement within the dispensing 
7organization, including, without limitation, on shelves and in 
8display cases where purchasers can view products, or on the 
9dispensing organization's website.
10    (o) A cultivation center must comply with any other 
11requirements or prohibitions set by administrative rule of the 
12Department of Agriculture.
13    (p) A cultivation center may not be located within 2,500 
14feet of the property line of a pre-existing public or private 
15preschool or elementary or secondary school or day care 
16center, day care home, group day care home, part day child care 
17facility, or an area zoned for residential use.    
18(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
19102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 
205-13-22.)

21    (410 ILCS 705/20-45)
22    Sec. 20-45. Renewal of cultivation center licenses and 
23agent identification cards. 
24    (a) Licenses and identification cards issued under this 
25Act shall be renewed annually. A cultivation center shall 
 
 
HB3682- 261 -LRB104 09747 BDA 19813 b


1receive written or electronic notice 90 days before the 
2expiration of its current license that the license will 
3expire. The Department of Agriculture shall grant a renewal 
4within 45 days of submission of a renewal application if:
5        (1) the cultivation center submits a renewal 
6 application and the required nonrefundable renewal fee of 
7 $100,000, or another amount as the Department of 
8 Agriculture may set by rule after January 1, 2021, to be 
9 deposited into the Cannabis Regulation Fund. On or after 
10 July 1, 2025, the Cultivation Center License renewal fee 
11 shall be $200,000 to be deposited into the Cannabis 
12 Regulation Fund. Licensees that have not yet renewed their 
13 medical permit in calendar year 2025 by July 1, 2025 shall 
14 remit $100,000 by December 31, 2025 to be deposited into 
15 the Cannabis Regulation Fund. Licensees that renewed both 
16 a Cultivation Center License and a Medical Cultivation 
17 Center Permit under the Compassionate Use of Medical 
18 Cannabis Act between March 1, 2025 and July 1, 2025 do not 
19 owe any additional fees until the next renewal period.    
20        (2) the Department of Agriculture has not suspended 
21 the license of the cultivation center or suspended or 
22 revoked the license for violating this Act or rules 
23 adopted under this Act;
24        (3) the cultivation center has continued to operate in 
25 accordance with all plans submitted as part of its 
26 application and approved by the Department of Agriculture 
 
 
HB3682- 262 -LRB104 09747 BDA 19813 b


1 or any amendments thereto that have been approved by the 
2 Department of Agriculture; 
3        (4) the cultivation center has submitted an agent, 
4 employee, contracting, and subcontracting diversity report 
5 as required by the Department; and
6        (5) the cultivation center has submitted an 
7 environmental impact report.
8    (b) If a cultivation center fails to renew its license 
9before expiration, it shall cease operations until its license 
10is renewed.
11    (c) If a cultivation center agent fails to renew his or her 
12identification card before its expiration, he or she shall 
13cease to work as an agent of the cultivation center until his 
14or her identification card is renewed.
15    (d) Any cultivation center that continues to operate, or 
16any cultivation center agent who continues to work as an 
17agent, after the applicable license or identification card has 
18expired without renewal is subject to the penalties provided 
19under Section 45-5.
20    (e) The Department of Agriculture shall not renew a 
21license or an agent identification card if the applicant is 
22delinquent in filing any required tax returns or paying any 
23amounts owed to the State of Illinois    
24(Source: P.A. 101-27, eff. 6-25-19.)

25    (410 ILCS 705/20-50 rep.)
 
 
HB3682- 263 -LRB104 09747 BDA 19813 b


1    Section 40. The Cannabis Regulation and Tax Act is amended 
2by repealing Section 20-50.

3    Section 45. The Cannabis Regulation and Tax Act is amended 
4by changing Sections 25-35, 30-35, and 30-45 as follows:

5    (410 ILCS 705/25-35)
6    (Section scheduled to be repealed on July 1, 2026)
7    Sec. 25-35. Community College Cannabis Vocational Training 
8Pilot Program faculty participant agent identification card. 
9    (a) The Department shall:
10        (1) establish by rule the information required in an 
11 initial application or renewal application for an agent 
12 identification card submitted under this Article and the 
13 nonrefundable fee to accompany the initial application or 
14 renewal application;
15        (2) verify the information contained in an initial 
16 application or renewal application for an agent 
17 identification card submitted under this Article, and 
18 approve or deny an application within 30 days of receiving 
19 a completed initial application or renewal application and 
20 all supporting documentation required by rule;
21        (3) issue an agent identification card to a qualifying 
22 agent within 15 business days of approving the initial 
23 application or renewal application;
24        (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 Illinois State Police and the Department of Agriculture 
 
 
HB3682- 265 -LRB104 09747 BDA 19813 b


1immediately 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    (g) The Department of Agriculture shall not issue an agent 
12identification card if the applicant is delinquent in filing 
13any required tax returns or paying any amounts owed to the 
14State of Illinois.    
15(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; 
16102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

17    (410 ILCS 705/30-35)
18    Sec. 30-35. Craft grower 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 
 
 
HB3682- 266 -LRB104 09747 BDA 19813 b


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 craft grower where 
10 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 craft grower 
21organization 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;
 
 
HB3682- 267 -LRB104 09747 BDA 19813 b


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 craft grower organization 
6 employing the agent.
7    (d) An agent identification card shall be immediately 
8returned to the cannabis business establishment of the agent 
9upon termination of his or her employment.
10    (e) Any agent identification card lost by a craft grower 
11agent shall be reported to the Illinois State Police and the 
12Department of Agriculture immediately upon discovery of the 
13loss.
14    (f) The Department of Agriculture shall not issue an agent 
15identification card if the applicant is delinquent in filing 
16any required tax returns or paying any amounts owed to the 
17State of Illinois.    
18(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.)

19    (410 ILCS 705/30-45)
20    Sec. 30-45. Renewal of craft grower licenses and agent 
21identification cards. 
22    (a) Licenses and identification cards issued under this 
23Act shall be renewed annually. A craft grower shall receive 
24written or electronic notice 90 days before the expiration of 
25its current license that the license will expire. The 
 
 
HB3682- 268 -LRB104 09747 BDA 19813 b


1Department of Agriculture shall grant a renewal within 45 days 
2of submission of a renewal application if:
3        (1) the craft grower submits a renewal application and 
4 the required nonrefundable renewal fee of $40,000, or 
5 another amount as the Department of Agriculture may set by 
6 rule after January 1, 2021;
7        (2) the Department of Agriculture has not suspended 
8 the license of the craft grower or suspended or revoked 
9 the license for violating this Act or rules adopted under 
10 this Act;
11        (3) the craft grower has continued to operate in 
12 accordance with all plans submitted as part of its 
13 application and approved by the Department of Agriculture 
14 or any amendments thereto that have been approved by the 
15 Department of Agriculture; 
16        (4) the craft grower has submitted an agent, employee, 
17 contracting, and subcontracting diversity report as 
18 required by the Department; and
19        (5) the craft grower has submitted an environmental 
20 impact report.
21    (b) If a craft grower fails to renew its license before 
22expiration, it shall cease operations until its license is 
23renewed.
24    (c) If a craft grower agent fails to renew his or her 
25identification card before its expiration, he or she shall 
26cease to work as an agent of the craft grower organization 
 
 
HB3682- 269 -LRB104 09747 BDA 19813 b


1until his or her identification card is renewed.
2    (d) Any craft grower that continues to operate, or any 
3craft grower agent who continues to work as an agent, after the 
4applicable license or identification card has expired without 
5renewal is subject to the penalties provided under Section 
645-5. 
7    (e) All fees or fines collected from the renewal of a craft 
8grower license shall be deposited into the Cannabis Regulation 
9Fund.
10    (f) The Department of Agriculture shall not renew a 
11license or an agent identification card if the applicant is 
12delinquent in filing any required tax returns or paying any 
13amounts owed to the State of Illinois    
14(Source: P.A. 101-27, eff. 6-25-19.)

15    (410 ILCS 705/30-50 rep.)
16    Section 50. The Cannabis Regulation and Tax Act is amended 
17by repealing Section 30-50.

18    Section 55. The Cannabis Regulation and Tax Act is amended 
19by changing Sections 35-25, 35-30, 55-5, 55-10, 55-85, 60-5, 
2060-10, 65-5, 65-10, 65-30, 65-38, and 65-42 as follows:

21    (410 ILCS 705/35-25)
22    Sec. 35-25. Infuser organization requirements; 
23prohibitions. 
 
 
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1    (a) The operating documents of an infuser shall include 
2procedures for the oversight of the infuser, an inventory 
3monitoring system including a physical inventory recorded 
4weekly, accurate recordkeeping, and a staffing plan.
5    (b) An infuser shall implement a security plan reviewed by 
6the Illinois State Police that includes, but is not limited 
7to: facility access controls, perimeter intrusion detection 
8systems, personnel identification systems, and a 24-hour 
9surveillance system to monitor the interior and exterior of 
10the infuser facility and that is accessible to authorized law 
11enforcement, the Department of Public Health, and the 
12Department of Agriculture in real time.
13    (c) All processing of cannabis by an infuser must take 
14place in an enclosed, locked facility at the physical address 
15provided to the Department of Agriculture during the licensing 
16process. The infuser location shall only be accessed by the 
17agents working for the infuser, the Department of Agriculture 
18staff performing inspections, the Department of Public Health 
19staff performing inspections, State and local law enforcement 
20or other emergency personnel, contractors working on jobs 
21unrelated to cannabis, such as installing or maintaining 
22security devices or performing electrical wiring, transporting 
23organization agents as provided in this Act, participants in 
24the incubator program, individuals in a mentoring or 
25educational program approved by the State, local safety or 
26health inspectors, or other individuals as provided by rule. 
 
 
HB3682- 271 -LRB104 09747 BDA 19813 b


1However, if an infuser shares a premises with a craft grower or 
2dispensing organization, agents from these other licensees may 
3access the infuser portion of the premises if that is the 
4location of common bathrooms, lunchrooms, locker rooms, or 
5other areas of the building where processing of cannabis is 
6not performed. At no time may a craft grower or dispensing 
7organization agent perform work at an infuser without being a 
8registered agent of the infuser.
9    (d) An infuser may not sell or distribute any cannabis to 
10any person other than a dispensing organization, or as 
11otherwise authorized by rule.
12    (e) An infuser may not either directly or indirectly 
13discriminate in price between different cannabis business 
14establishments that are purchasing a like grade, strain, 
15brand, and quality of cannabis or cannabis-infused product. 
16Nothing in this subsection (e) prevents an infuser from 
17pricing cannabis differently based on differences in the cost 
18of manufacturing or processing, the quantities sold, such 
19volume discounts, or the way the products are delivered.
20    (f) All cannabis infused by an infuser and intended for 
21distribution to a dispensing organization must be entered into 
22a data collection system, packaged and labeled under Section 
2355-21, and, if distribution is to a dispensing organization 
24that does not share a premises with the infuser, placed into a 
25cannabis container for transport. All cannabis produced by an 
26infuser and intended for distribution to a cultivation center, 
 
 
HB3682- 272 -LRB104 09747 BDA 19813 b


1infuser organization, or craft grower with which it does not 
2share a premises, must be packaged in a labeled cannabis 
3container and entered into a data collection system before 
4transport.
5    (g) Infusers are subject to random inspections by the 
6Department of Agriculture, the Department of Public Health, 
7the Illinois State Police, local law enforcement, or as 
8provided by rule.
9    (h) An infuser agent shall notify local law enforcement, 
10the Illinois State Police, and the Department of Agriculture 
11within 24 hours of the discovery of any loss or theft. 
12Notification shall be made by phone, in person, or by written 
13or electronic communication.
14    (i) An infuser organization may not be located in an area 
15zoned for residential use.
16    (j) An infuser or infuser agent shall not transport 
17cannabis or cannabis-infused products to any other cannabis 
18business establishment without a transport organization 
19license unless:
20        (i) If the infuser is located in a county with a 
21 population of 3,000,000 or more, the cannabis business 
22 establishment receiving the cannabis or cannabis-infused 
23 product is within 2,000 feet of the property line of the 
24 infuser;
25        (ii) If the infuser is located in a county with a 
26 population of more than 700,000 but fewer than 3,000,000, 
 
 
HB3682- 273 -LRB104 09747 BDA 19813 b


1 the cannabis business establishment receiving the cannabis 
2 or cannabis-infused product is within 2 miles of the 
3 infuser; or
4        (iii) If the infuser is located in a county with a 
5 population of fewer than 700,000, the cannabis business 
6 establishment receiving the cannabis or cannabis-infused 
7 product is within 15 miles of the infuser.
8    (k) An infuser may enter into a contract with a 
9transporting organization to transport cannabis to a 
10dispensing organization or a laboratory.
11    (l) An infuser organization may share premises with a 
12craft grower or a dispensing organization, or both, provided 
13each licensee stores currency and cannabis or cannabis-infused 
14products in a separate secured vault to which the other 
15licensee does not have access or all licensees sharing a vault 
16share more than 50% of the same ownership. 
17    (m) It is unlawful for any person or entity having an 
18infuser organization license or any officer, associate, 
19member, representative or agent of such licensee to offer or 
20deliver money, or anything else of value, directly or 
21indirectly to any person having an Early Approval Adult Use 
22Dispensing Organization License, a Conditional Adult Use 
23Dispensing Organization License, an Adult Use Dispensing 
24Organization License, or a medical cannabis dispensing 
25organization license issued under the Compassionate Use of 
26Medical Cannabis Program Act, or to any person connected with 
 
 
HB3682- 274 -LRB104 09747 BDA 19813 b


1or in any way representing, or to any member of the family of, 
2such person holding an Early Approval Adult Use Dispensing 
3Organization License, a Conditional Adult Use Dispensing 
4Organization License, an Adult Use Dispensing Organization 
5License, or a medical cannabis dispensing organization license 
6issued under the Compassionate Use of Medical Cannabis Program 
7Act, or to any stockholders in any corporation engaged the 
8retail sales of cannabis, or to any officer, manager, agent, 
9or representative of the Early Approval Adult Use Dispensing 
10Organization License, a Conditional Adult Use Dispensing 
11Organization License, an Adult Use Dispensing Organization 
12License, or a medical cannabis dispensing organization license 
13issued under the Compassionate Use of Medical Cannabis Program 
14Act to obtain preferential placement within the dispensing 
15organization, including, without limitation, on shelves and in 
16display cases where purchasers can view products, or on the 
17dispensing organization's website.
18    (n) At no time shall an infuser organization or an infuser 
19agent perform the extraction of cannabis concentrate from 
20cannabis flower, except if the infuser organization has also 
21been issued a processor license under Section 35-31(f).
22(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 
23102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 
245-13-22.)

25    (410 ILCS 705/35-30)
 
 
HB3682- 275 -LRB104 09747 BDA 19813 b


1    Sec. 35-30. Infuser agent identification card. 
2    (a) The Department of Agriculture shall:
3        (1) establish by rule the information required in an 
4 initial application or renewal application for an agent 
5 identification card submitted under this Act and the 
6 nonrefundable fee to accompany the initial application or 
7 renewal application;
8        (2) verify the information contained in an initial 
9 application or renewal application for an agent 
10 identification card submitted under this Act, and approve 
11 or deny an application within 30 days of receiving a 
12 completed initial application or renewal application and 
13 all supporting documentation required by rule;
14        (3) issue an agent identification card to a qualifying 
15 agent within 15 business days of approving the initial 
16 application or renewal application;
17        (4) enter the license number of the infuser where the 
18 agent works; and
19        (5) allow for an electronic initial application and 
20 renewal application process, and provide a confirmation by 
21 electronic or other methods that an application has been 
22 submitted. The Department of Agriculture may by rule 
23 require prospective agents to file their applications by 
24 electronic means and provide notices to the agents by 
25 electronic means.
26    (b) An agent must keep his or her identification card 
 
 
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1visible at all times when on the property of a cannabis 
2business establishment including the cannabis business 
3establishment for which he or she is an agent.
4    (c) The agent identification cards shall contain the 
5following:
6        (1) the name of the cardholder;
7        (2) the date of issuance and expiration date of the 
8 identification card;
9        (3) a random 10-digit alphanumeric identification 
10 number containing at least 4 numbers and at least 4 
11 letters that is unique to the holder;
12        (4) a photograph of the cardholder; and
13        (5) the legal name of the infuser organization 
14 employing the agent.
15    (d) An agent identification card shall be immediately 
16returned to the infuser organization of the agent upon 
17termination of his or her employment.
18    (e) Any agent identification card lost by a transporting 
19agent shall be reported to the Illinois State Police and the 
20Department of Agriculture immediately upon discovery of the 
21loss.
22    (f) An agent applicant may begin employment at an infuser 
23organization while the agent applicant's identification card 
24application is pending. Upon approval, the Department shall 
25issue the agent's identification card to the agent. If denied, 
26the infuser organization and the agent applicant shall be 
 
 
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1notified and the agent applicant must cease all activity at 
2the infuser organization immediately. 
3    (g) The Department of Agriculture shall not issue an agent 
4identification card if the applicant is delinquent in filing 
5any required tax returns or paying any amounts owed to the 
6State of Illinois.    
7(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; 
8102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

9    (410 ILCS 705/55-5)
10    Sec. 55-5. Preparation of cannabis-infused products. 
11    (a) The Department of Agriculture may regulate the 
12production of cannabis-infused products by a cultivation 
13center, a craft grower, an infuser organization, or a 
14dispensing organization and establish rules related to 
15refrigeration, hot-holding, and handling of cannabis-infused 
16products. All cannabis-infused products shall meet the 
17packaging and labeling requirements contained in Section 
1855-21. 
19    (b) Cannabis-infused products for sale or distribution at 
20a dispensing organization must be prepared by an approved 
21agent of a cultivation center, craft grower, or infuser 
22organization.
23    (c) A cultivation center, craft grower, or infuser 
24organization that prepares cannabis-infused products for sale 
25or distribution by a dispensing organization shall be under 
 
 
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1the operational supervision of a Department of Public Health 
2certified food service sanitation manager.
3    (d) Dispensing organizations may not manufacture, process, 
4or produce cannabis-infused products.
5    (e) The Department of Public Health shall adopt and 
6enforce rules for the manufacture and processing of 
7cannabis-infused products, and for that purpose it may at all 
8times enter every building, room, basement, enclosure, or 
9premises occupied or used, or suspected of being occupied or 
10used, for the production, preparation, manufacture for sale, 
11storage, sale, processing, distribution, or transportation of 
12cannabis-infused products, and to inspect the premises 
13together with all utensils, fixtures, furniture, and machinery 
14used for the preparation of these products.
15    (f) The Department of Agriculture shall by rule establish 
16a maximum level of THC that may be contained in each serving of 
17cannabis-infused product, and within the product package.
18    (g) If a local public health agency has a reasonable 
19belief that a cannabis-infused product poses a public health 
20hazard, it may refer the cultivation center, craft grower, or 
21infuser that manufactured or processed the cannabis-infused 
22product to the Department of Public Health. If the Department 
23of Public Health finds that a cannabis-infused product poses a 
24health hazard, it may bring an action for immediate injunctive 
25relief to require that action be taken as the court may deem 
26necessary to meet the hazard of the cultivation facility or 
 
 
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1seek other relief as provided by rule.
2(Source: P.A. 101-27, eff. 6-25-19.)

3    (410 ILCS 705/55-10)
4    Sec. 55-10. Maintenance of inventory. Through June 30, 
52025, all All dispensing organizations authorized to serve 
6both registered qualifying patients and caregivers and 
7purchasers are required to report which cannabis and 
8cannabis-infused products are purchased for sale under the 
9Compassionate Use of Medical Cannabis Program Act, and which 
10cannabis and cannabis-infused products are purchased under 
11this Act. Nothing in this Section prohibits a registered 
12qualifying patient under the Compassionate Use of Medical 
13Cannabis Program Act from purchasing cannabis as a purchaser 
14under this Act.
15(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

16    (410 ILCS 705/55-85)
17    Sec. 55-85. Medical cannabis. 
18    (a) Nothing in this Act shall be construed to limit any 
19privileges or rights of a qualifying medical cannabis patient 
20including minor patients, designated primary caregiver, 
21medical cannabis cultivation center, or medical cannabis 
22dispensing organization under the Compassionate Use of Medical 
23Cannabis Program Act, and where there is conflict between this 
24Act and the Compassionate Use of Medical Cannabis Program Act 
 
 
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1as they relate to medical cannabis patients, the Compassionate 
2Use of Medical Cannabis Program Act shall prevail.
3    (b) Dispensary locations that obtain an Early Approval 
4Adult Use Dispensary Organization License or an Adult Use 
5Dispensary Organization License in accordance with this Act at 
6the same location as a medical cannabis dispensing 
7organization registered under the Compassionate Use of Medical 
8Cannabis Program Act shall maintain an inventory of medical 
9cannabis and medical cannabis products on a monthly basis that 
10is substantially similar in variety and quantity to the 
11products offered at the dispensary during the 6-month period 
12immediately before the effective date of this Act.
13    (c) Beginning June 30, 2020, the Department of Agriculture 
14shall make a quarterly determination whether inventory 
15requirements established for dispensaries in subsection (b) 
16should be adjusted due to changing patient need.
17(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

18    (410 ILCS 705/60-5)
19    Sec. 60-5. Definitions. In this Article:
20    "Cannabis" has the meaning given to that term in Article 1 
21of this Act, except that, through June 30, 2025, it does not 
22include cannabis that is subject to tax under the 
23Compassionate Use of Medical Cannabis Program Act.
24    "Craft grower" has the meaning given to that term in 
25Article 1 of this Act.
 
 
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1    "Cultivation center" has the meaning given to that term in 
2Article 1 of this Act. On and after July 1, 2025, "cultivation 
3center" includes any cultivation center which, prior to July 
41, 2025, was a cultivation center as defined in the 
5Compassionate Use of Medical Cannabis Program Act.    
6    "Cultivator" or "taxpayer" means a cultivation center or 
7craft grower who is subject to tax under this Article. On and 
8after July 1, 2025, "cultivator" includes any cultivator 
9which, prior to July 1, 2025, was a cultivator as defined under 
10the Compassionate Use of Medical Cannabis Program Act.    
11    "Department" means the Department of Revenue.
12    "Director" means the Director of Revenue.
13    "Dispensing organization" or "dispensary" has the meaning 
14given to that term in Article 1 of this Act.
15    "Gross receipts" from the sales of cannabis by a 
16cultivator means the total selling price or the amount of such 
17sales, as defined in this Article. In the case of charges and 
18time sales, the amount thereof shall be included only when 
19payments are received by the cultivator.
20    "Person" means a natural individual, firm, partnership, 
21association, joint stock company, joint adventure, public or 
22private corporation, limited liability company, or a receiver, 
23executor, trustee, guardian, or other representative appointed 
24by order of any court.
25    "Infuser" means "infuser organization" or "infuser" as 
26defined in Article 1 of this Act.
 
 
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1    "Selling price" or "amount of sale" means the 
2consideration for a sale valued in money whether received in 
3money or otherwise, including cash, credits, property, and 
4services, and shall be determined without any deduction on 
5account of the cost of the property sold, the cost of materials 
6used, labor or service cost, or any other expense whatsoever, 
7but does not include separately stated charges identified on 
8the invoice by cultivators to reimburse themselves for their 
9tax liability under this Article.
10(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

11    (410 ILCS 705/60-10)
12    Sec. 60-10. Tax imposed. 
13    (a) Beginning September 1, 2019, a tax is imposed upon the 
14privilege of cultivating cannabis at the rate of 7% of the 
15gross receipts from the first sale of cannabis by a 
16cultivator. The sale of any product that contains any amount 
17of cannabis or any derivative thereof is subject to the tax 
18under this Section on the full selling price of the product. 
19The Department may determine the selling price of the cannabis 
20when the seller and purchaser are affiliated persons, when the 
21sale and purchase of cannabis is not an arm's length 
22transaction, or when cannabis is transferred by a craft grower 
23to the craft grower's dispensing organization or infuser or 
24processing organization and a value is not established for the 
25cannabis. The value determined by the Department shall be 
 
 
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1commensurate with the actual price received for products of 
2like quality, character, and use in the area. If there are no 
3sales of cannabis of like quality, character, and use in the 
4same area, then the Department shall establish a reasonable 
5value based on sales of products of like quality, character, 
6and use in other areas of the State, taking into consideration 
7any other relevant factors.
8    (b) The Cannabis Cultivation Privilege Tax imposed under 
9this Article is solely the responsibility of the cultivator 
10who makes the first sale and is not the responsibility of a 
11subsequent purchaser, a dispensing organization, or an 
12infuser. Persons subject to the tax imposed under this Article 
13may, however, reimburse themselves for their tax liability 
14hereunder by separately stating reimbursement for their tax 
15liability as an additional charge. 
16    (c) The tax imposed under this Article shall be in 
17addition to all other occupation, privilege, or excise taxes 
18imposed by the State of Illinois or by any unit of local 
19government.
20(Source: P.A. 101-27, eff. 6-25-19.)

21    (410 ILCS 705/65-5)
22    Sec. 65-5. Definitions. In this Article:
23    "Adjusted delta-9-tetrahydrocannabinol level" means, for a 
24delta-9-tetrahydrocannabinol dominant product, the sum of the 
25percentage of delta-9-tetrahydrocannabinol plus .877 
 
 
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1multiplied by the percentage of tetrahydrocannabinolic acid.
2    "Cannabis" has the meaning given to that term in Article 1 
3of this Act, except that through June 30, 2025, it does not 
4include cannabis that is subject to tax under the 
5Compassionate Use of Medical Cannabis Program Act.
6    "Cannabis-infused product" means beverage food, oils, 
7ointments, tincture, topical formulation, or another product 
8containing cannabis that is not intended to be smoked.
9    "Cannabis retailer" means a dispensing organization that 
10sells cannabis for use and not for resale.
11    "Craft grower" has the meaning given to that term in 
12Article 1 of this Act.
13    "Department" means the Department of Revenue.
14    "Director" means the Director of Revenue.
15    "Dispensing organization" or "dispensary" has the meaning 
16given to that term in Article 1 of this Act.
17    "Person" means a natural individual, firm, partnership, 
18association, joint stock company, joint adventure, public or 
19private corporation, limited liability company, or a receiver, 
20executor, trustee, guardian, or other representative appointed 
21by order of any court.
22    "Infuser organization" or "infuser" means a facility 
23operated by an organization or business that is licensed by 
24the Department of Agriculture to directly incorporate cannabis 
25or cannabis concentrate into a product formulation to produce 
26a cannabis-infused product. 
 
 
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1    "Purchase price" means the consideration paid for a 
2purchase of cannabis, valued in money, whether received in 
3money or otherwise, including cash, gift cards, credits, and 
4property and shall be determined without any deduction on 
5account of the cost of materials used, labor or service costs, 
6or any other expense whatsoever. However, "purchase price" 
7does not include consideration paid for:
8        (1) any charge for a payment that is not honored by a 
9 financial institution;
10        (2) any finance or credit charge, penalty or charge 
11 for delayed payment, or discount for prompt payment; and
12        (3) any amounts added to a purchaser's bill because of 
13 charges made under the tax imposed by this Article, the 
14 Municipal Cannabis Retailers' Occupation Tax Law, the 
15 County Cannabis Retailers' Occupation Tax Law, the 
16 Retailers' Occupation Tax Act, the Use Tax Act, the 
17 Service Occupation Tax Act, the Service Use Tax Act, or 
18 any locally imposed occupation or use tax.
19    "Purchaser" means a person who acquires cannabis for a 
20valuable consideration.
21    "Qualifying patient" or "qualified patient" means a person 
22who has been diagnosed by a certifying health care 
23professional as having a debilitating medical condition as 
24defined under the Compassionate Use of Medical Cannabis 
25Program Act.    
26    "Taxpayer" means a cannabis retailer who is required to 
 
 
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1collect the tax imposed under this Article.
2(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

3    (410 ILCS 705/65-10)
4    Sec. 65-10. Tax imposed. 
5    (a) Beginning January 1, 2020, a tax is imposed upon 
6purchasers for the privilege of using cannabis, and not for 
7the purpose of resale, at the following rates:
8        (1) Any cannabis, other than a cannabis-infused 
9 product, with an adjusted delta-9-tetrahydrocannabinol 
10 level at or below 35% shall be taxed at a rate of 10% of 
11 the purchase price; 
12        (2) Any cannabis, other than a cannabis-infused 
13 product, with an adjusted delta-9-tetrahydrocannabinol 
14 level above 35% shall be taxed at a rate of 25% of the 
15 purchase price; and 
16        (3) A cannabis-infused product shall be taxed at a 
17 rate of 20% of the purchase price.
18    (b) The purchase of any product that contains any amount 
19of cannabis or any derivative thereof is subject to the tax 
20under subsection (a) of this Section on the full purchase 
21price of the product.
22    (c) Through June 30, 2025, the The tax imposed under this 
23Section is not imposed on cannabis that is subject to tax under 
24the Compassionate Use of Medical Cannabis Program Act. The tax 
25imposed by this Section is not imposed with respect to any 
 
 
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1transaction in interstate commerce, to the extent the 
2transaction may not, under the Constitution and statutes of 
3the United States, be made the subject of taxation by this 
4State. Beginning July 1, 2025, the tax imposed under this 
5Article shall not be imposed on cannabis or cannabis- infused 
6products purchased by a qualified patient, designated 
7caregiver, or provisional patient when purchasing cannabis or 
8cannabis-infused products under this Act as part of their 
9adequate medical supply as these terms are defined under 
10Section 1-10 of this Act.    
11    (d) The tax imposed under this Article shall be in 
12addition to all other occupation, privilege, or excise taxes 
13imposed by the State of Illinois or by any municipal 
14corporation or political subdivision thereof.
15    (e) The tax imposed under this Article shall not be 
16imposed on any purchase by a purchaser if the cannabis 
17retailer is prohibited by federal or State Constitution, 
18treaty, convention, statute, or court decision from collecting 
19the tax from the purchaser.
20(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

21    (410 ILCS 705/65-30)
22    Sec. 65-30. Return and payment of tax by cannabis 
23retailer. Each cannabis retailer that is required or 
24authorized to collect the tax imposed by this Article shall 
25make a return to the Department, by electronic means, on or 
 
 
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1before the 20th day of each month for the preceding calendar 
2month stating the following:
3        (1) the cannabis retailer's name;
4        (2) the address of the cannabis retailer's principal 
5 place of business and the address of the principal place 
6 of business (if that is a different address) from which 
7 the cannabis retailer is engaged in the business of 
8 selling cannabis subject to tax under this Article;
9        (3) the total purchase price received by the cannabis 
10 retailer for cannabis subject to tax under this Article;
11        (4) the amount of tax due at each rate;
12        (5) the signature of the cannabis retailer; and
13        (6) any other information as the Department may 
14 reasonably require.
15    All returns required to be filed and payments required to 
16be made under this Article shall be by electronic means. 
17Cannabis retailers who demonstrate hardship in paying 
18electronically may petition the Department to waive the 
19electronic payment requirement.
20    Any amount that is required to be shown or reported on any 
21return or other document under this Article shall, if the 
22amount is not a whole-dollar amount, be increased to the 
23nearest whole-dollar amount if the fractional part of a dollar 
24is $0.50 or more and decreased to the nearest whole-dollar 
25amount if the fractional part of a dollar is less than $0.50. 
26If a total amount of less than $1 is payable, refundable, or 
 
 
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1creditable, the amount shall be disregarded if it is less than 
2$0.50 and shall be increased to $1 if it is $0.50 or more. 
3    The cannabis retailer making the return provided for in 
4this Section shall also pay to the Department, in accordance 
5with this Section, the amount of tax imposed by this Article, 
6less a discount of 1.75%, but not to exceed $1,000 per return 
7period, which is allowed to reimburse the cannabis retailer 
8for the expenses incurred in keeping records, collecting tax, 
9preparing and filing returns, remitting the tax, and supplying 
10data to the Department upon request. No discount may be 
11claimed by a cannabis retailer on returns not timely filed and 
12for taxes not timely remitted. No discount may be claimed by a 
13taxpayer for any return that is not filed electronically. No 
14discount may be claimed by a taxpayer for any payment that is 
15not made electronically, unless a waiver has been granted 
16under this Section.
17    Notwithstanding any other provision of this Article 
18concerning the time within which a cannabis retailer may file 
19a return, any such cannabis retailer who ceases to engage in 
20the kind of business that makes the person responsible for 
21filing returns under this Article shall file a final return 
22under this Article with the Department within one month after 
23discontinuing the business.
24    Each cannabis retailer shall make estimated payments to 
25the Department on or before the 7th, 15th, 22nd, and last day 
26of the month during which tax liability to the Department is 
 
 
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1incurred. The payments shall be in an amount not less than the 
2lower of either 22.5% of the cannabis retailer's actual tax 
3liability for the month or 25% of the cannabis retailer's 
4actual tax liability for the same calendar month of the 
5preceding year. The amount of the quarter-monthly payments 
6shall be credited against the final tax liability of the 
7cannabis retailer's return for that month. If any such 
8quarter-monthly payment is not paid at the time or in the 
9amount required by this Section, then the cannabis retailer 
10shall be liable for penalties and interest on the difference 
11between the minimum amount due as a payment and the amount of 
12the quarter-monthly payment actually and timely paid, except 
13insofar as the cannabis retailer has previously made payments 
14for that month to the Department in excess of the minimum 
15payments previously due as provided in this Section. 
16    If any payment provided for in this Section exceeds the 
17taxpayer's liabilities under this Article, as shown on an 
18original monthly return, the Department shall, if requested by 
19the taxpayer, issue to the taxpayer a credit memorandum no 
20later than 30 days after the date of payment. The credit 
21evidenced by the credit memorandum may be assigned by the 
22taxpayer to a similar taxpayer under this Article, in 
23accordance with reasonable rules to be prescribed by the 
24Department. If no such request is made, the taxpayer may 
25credit the excess payment against tax liability subsequently 
26to be remitted to the Department under this Article, in 
 
 
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1accordance with reasonable rules prescribed by the Department. 
2If the Department subsequently determines that all or any part 
3of the credit taken was not actually due to the taxpayer, the 
4taxpayer's discount shall be reduced, if necessary, to reflect 
5the difference between the credit taken and that actually due, 
6and that taxpayer shall be liable for penalties and interest 
7on the difference. If a cannabis retailer fails to sign a 
8return within 30 days after the proper notice and demand for 
9signature by the Department is received by the cannabis 
10retailer, the return shall be considered valid and any amount 
11shown to be due on the return shall be deemed assessed.
12(Source: P.A. 101-27, eff. 6-25-19.)

13    (410 ILCS 705/65-38)
14    Sec. 65-38. Violations and penalties. 
15    (a) When the amount due is under $300, any retailer of 
16cannabis who fails to file a return, willfully fails or 
17refuses to make any payment to the Department of the tax 
18imposed by this Article, or files a fraudulent return, or any 
19officer or agent of a corporation engaged in the business of 
20selling cannabis to purchasers located in this State who signs 
21a fraudulent return filed on behalf of the corporation, or any 
22accountant or other agent who knowingly enters false 
23information on the return of any taxpayer under this Article 
24is guilty of a Class 4 felony.
25    (b) When the amount due is $300 or more, any retailer of 
 
 
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1cannabis who files, or causes to be filed, a fraudulent 
2return, or any officer or agent of a corporation engaged in the 
3business of selling cannabis to purchasers located in this 
4State who files or causes to be filed or signs or causes to be 
5signed a fraudulent return filed on behalf of the corporation, 
6or any accountant or other agent who knowingly enters false 
7information on the return of any taxpayer under this Article 
8is guilty of a Class 3 felony.
9    (c) Any person who violates any provision of Section 
1065-20, or fails to keep books and records as required under 
11this Article, or willfully violates a rule of the Department 
12for the administration and enforcement of this Article is 
13guilty of a Class 4 felony. A person commits a separate offense 
14on each day that he or she engages in business in violation of 
15Section 65-20 or a rule of the Department for the 
16administration and enforcement of this Article. If a person 
17fails to produce the books and records for inspection by the 
18Department upon request, a prima facie presumption shall arise 
19that the person has failed to keep books and records as 
20required under this Article. A person who is unable to rebut 
21this presumption is in violation of this Article and is 
22subject to the penalties provided in this Section.
23    (d) Any person who violates any provision of Sections 
2465-20, fails to keep books and records as required under this 
25Article, or willfully violates a rule of the Department for 
26the administration and enforcement of this Article, is guilty 
 
 
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1of a business offense and may be fined up to $5,000. If a 
2person fails to produce books and records for inspection by 
3the Department upon request, a prima facie presumption shall 
4arise that the person has failed to keep books and records as 
5required under this Article. A person who is unable to rebut 
6this presumption is in violation of this Article and is 
7subject to the penalties provided in this Section. A person 
8commits a separate offense on each day that he or she engages 
9in business in violation of a rule of the Department for the 
10administration and enforcement of this Article Section 65-20.
11    (e) Any taxpayer or agent of a taxpayer who with the intent 
12to defraud purports to make a payment due to the Department by 
13issuing or delivering a check or other order upon a real or 
14fictitious depository for the payment of money, knowing that 
15it will not be paid by the depository, is guilty of a deceptive 
16practice in violation of Section 17-1 of the Criminal Code of 
172012.
18    (f) Any person who fails to keep books and records or fails 
19to produce books and records for inspection, as required by 
20Section 65-36, is liable to pay to the Department, for deposit 
21in the Tax Compliance and Administration Fund, a penalty of 
22$1,000 for the first failure to keep books and records or 
23failure to produce books and records for inspection, as 
24required by Section 65-36, and $3,000 for each subsequent 
25failure to keep books and records or failure to produce books 
26and records for inspection, as required by Section 65-36.
 
 
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1    (g) Any person who knowingly acts as a retailer of 
2cannabis in this State without first having obtained a 
3certificate of registration to do so in compliance with 
4Section 65-20 of this Article shall be guilty of a Class 4 
5felony.
6    (h) A person commits the offense of tax evasion under this 
7Article when he or she knowingly attempts in any manner to 
8evade or defeat the tax imposed on him or her or on any other 
9person, or the payment thereof, and he or she commits an 
10affirmative act in furtherance of the evasion. As used in this 
11Section, "affirmative act in furtherance of the evasion" means 
12an act designed in whole or in part to (i) conceal, 
13misrepresent, falsify, or manipulate any material fact or (ii) 
14tamper with or destroy documents or materials related to a 
15person's tax liability under this Article. Two or more acts of 
16sales tax evasion may be charged as a single count in any 
17indictment, information, or complaint and the amount of tax 
18deficiency may be aggregated for purposes of determining the 
19amount of tax that is attempted to be or is evaded and the 
20period between the first and last acts may be alleged as the 
21date of the offense.
22        (1) When the amount of tax, the assessment or payment 
23 of which is attempted to be or is evaded is less than $500, 
24 a person is guilty of a Class 4 felony.
25        (2) When the amount of tax, the assessment or payment 
26 of which is attempted to be or is evaded is $500 or more 
 
 
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1 but less than $10,000, a person is guilty of a Class 3 
2 felony.
3        (3) When the amount of tax, the assessment or payment 
4 of which is attempted to be or is evaded is $10,000 or more 
5 but less than $100,000, a person is guilty of a Class 2 
6 felony.
7        (4) When the amount of tax, the assessment or payment 
8 of which is attempted to be or is evaded is $100,000 or 
9 more, a person is guilty of a Class 1 felony.
10    Any person who knowingly sells, purchases, installs, 
11transfers, possesses, uses, or accesses any automated sales 
12suppression device, zapper, or phantom-ware in this State is 
13guilty of a Class 3 felony.
14    As used in this Section:
15    "Automated sales suppression device" or "zapper" means a 
16software program that falsifies the electronic records of an 
17electronic cash register or other point-of-sale system, 
18including, but not limited to, transaction data and 
19transaction reports. The term includes the software program, 
20any device that carries the software program, or an Internet 
21link to the software program.
22    "Phantom-ware" means a hidden programming option embedded 
23in the operating system of an electronic cash register or 
24hardwired into an electronic cash register that can be used to 
25create a second set of records or that can eliminate or 
26manipulate transaction records in an electronic cash register.
 
 
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1    "Electronic cash register" means a device that keeps a 
2register or supporting documents through the use of an 
3electronic device or computer system designed to record 
4transaction data for the purpose of computing, compiling, or 
5processing retail sales transaction data in any manner.
6    "Transaction data" includes: items purchased by a 
7purchaser; the price of each item; a taxability determination 
8for each item; a segregated tax amount for each taxed item; the 
9amount of cash or credit tendered; the net amount returned to 
10the customer in change; the date and time of the purchase; the 
11name, address, and identification number of the vendor; and 
12the receipt or invoice number of the transaction.
13    "Transaction report" means a report that documents, 
14without limitation, the sales, taxes, or fees collected, media 
15totals, and discount voids at an electronic cash register and 
16that is printed on a cash register tape at the end of a day or 
17shift, or a report that documents every action at an 
18electronic cash register and is stored electronically.
19    A prosecution for any act in violation of this Section may 
20be commenced at any time within 5 years of the commission of 
21that act.
22    (i) The Department may adopt rules to administer the 
23penalties under this Section.
24    (j) Any person whose principal place of business is in 
25this State and who is charged with a violation under this 
26Section shall be tried in the county where his or her principal 
 
 
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1place of business is located unless he or she asserts a right 
2to be tried in another venue.
3    (k) Except as otherwise provided in subsection (h), a 
4prosecution for a violation described in this Section may be 
5commenced within 3 years after the commission of the act 
6constituting the violation.
7(Source: P.A. 101-27, eff. 6-25-19.)

8    (410 ILCS 705/65-42)
9    Sec. 65-42. Seizure and forfeiture. After seizing any 
10cannabis as provided in Section 65-41, the Department must 
11hold a hearing and determine whether (i) the retailer was 
12properly registered to sell the cannabis; (ii) the retailer 
13possessed the cannabis in violation of this Act; (iii) the 
14retailer possessed the cannabis in violation of any reasonable 
15rule or regulation adopted by the Department for the 
16enforcement of this Act; or (iv) the tax imposed by Article 60 
17had been paid on the cannabis at the time of its seizure by the 
18Department. The Department is not required to hold such a 
19hearing if a waiver and consent to forfeiture has been 
20executed by the owner of the cannabis, if the owner is known, 
21and by the person in whose possession the cannabis so taken was 
22found, if that person is known and if that person is not the 
23owner of said cannabis. The Department shall give not less 
24than 20 days' notice of the time and place of the hearing to 
25the owner of the cannabis, if the owner is known, and also to 
 
 
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1the person in whose possession the cannabis was found, if that 
2person is known and if the person in possession is not the 
3owner of the cannabis. If neither the owner nor the person in 
4possession of the cannabis is known, the Department must cause 
5publication of the time and place of the hearing to be made at 
6least once in each week for 3 weeks successively in a newspaper 
7of general circulation in the county where the hearing is to be 
8held.
9    If, as the result of the hearing, the Department makes any 
10of the findings listed in (i) through (iv) above determines 
11that the retailer was not properly registered at the time the 
12cannabis was seized, or upon receipt of a properly executed 
13waiver and consent to forfeiture as provided in this Section, 
14the Department must enter an order declaring the cannabis 
15confiscated and forfeited to the State, to be held by the 
16Department for disposal by it as provided in Section 65-43. 
17The Department must give notice of the order to the owner of 
18the cannabis, if the owner is known, and also to the person in 
19whose possession the cannabis was found, if that person is 
20known and if the person in possession is not the owner of the 
21cannabis. If neither the owner nor the person in possession of 
22the cannabis is known, the Department must cause publication 
23of the order to be made at least once in each week for 3 weeks 
24successively in a newspaper of general circulation in the 
25county where the hearing was held.
26(Source: P.A. 103-1001, eff. 8-9-24.)
 
 
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1
INDEX

2
Statutes amended in order of appearance

3    35 ILCS 105/3-10from Ch. 120, par. 439.33-10
4    35 ILCS 110/3-10from Ch. 120, par. 439.33-10
5    35 ILCS 115/3-10from Ch. 120, par. 439.103-10
6    35 ILCS 120/2-10from Ch. 120, par. 441-10
7    410 ILCS 130/7
8    410 ILCS 130/10
9    410 ILCS 130/15
10    410 ILCS 130/25
11    410 ILCS 130/30
12    410 ILCS 130/35
13    410 ILCS 130/57
14    410 ILCS 130/60
15    410 ILCS 130/70
16    410 ILCS 130/75
17    410 ILCS 130/85
18    410 ILCS 130/90
19    410 ILCS 130/95
20    410 ILCS 130/100
21    410 ILCS 130/105
22    410 ILCS 130/110
23    410 ILCS 130/115
24    410 ILCS 130/120
25    410 ILCS 130/125
 
 
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1    410 ILCS 130/130
2    410 ILCS 130/140
3    410 ILCS 130/150
4    410 ILCS 130/180
5    410 ILCS 130/200
6    410 ILCS 130/205
7    410 ILCS 130/210
8    410 ILCS 130/80 rep.
9    410 ILCS 130/115.5 rep.
10    410 ILCS 130/135 rep.
11    410 ILCS 130/162 rep.
12    410 ILCS 705/1-10
13    410 ILCS 705/10-10
14    410 ILCS 705/10-15
15    410 ILCS 705/15-10
16    410 ILCS 705/15-13 new
17    410 ILCS 705/15-15
18    410 ILCS 705/15-17 new
19    410 ILCS 705/15-20
20    410 ILCS 705/15-23 new
21    410 ILCS 705/15-24 new
22    410 ILCS 705/15-25
23    410 ILCS 705/15-35
24    410 ILCS 705/15-35.10
25    410 ILCS 705/15-36
26    410 ILCS 705/15-40
 
 
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1    410 ILCS 705/15-45
2    410 ILCS 705/15-60
3    410 ILCS 705/15-65
4    410 ILCS 705/15-70
5    410 ILCS 705/15-75
6    410 ILCS 705/15-85
7    410 ILCS 705/15-100
8    410 ILCS 705/15-135
9    410 ILCS 705/15-145
10    410 ILCS 705/Art. 20 
11    heading
12    410 ILCS 705/20-10
13    410 ILCS 705/20-15
14    410 ILCS 705/20-20
15    410 ILCS 705/20-21
16    410 ILCS 705/20-30
17    410 ILCS 705/20-45
18    410 ILCS 705/20-50 rep.
19    410 ILCS 705/25-35
20    410 ILCS 705/30-35
21    410 ILCS 705/30-45
22    410 ILCS 705/30-50 rep.
23    410 ILCS 705/35-25
24    410 ILCS 705/35-30
25    410 ILCS 705/55-5
26    410 ILCS 705/55-10
 
 
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1    410 ILCS 705/55-85
2    410 ILCS 705/60-5
3    410 ILCS 705/60-10
4    410 ILCS 705/65-5
5    410 ILCS 705/65-10
6    410 ILCS 705/65-30
7    410 ILCS 705/65-38
8    410 ILCS 705/65-42