Bill Text: IL HB4134 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Cannabis Regulation and Tax Act. Requires the Department of Public Health to provide by rule for the establishment of a list of self-excluded persons who may request to be placed on the list and are prohibited from entering a dispensary or purchasing any product or service at a dispensary. Provides that the rules must establish specified procedures regarding the list and require dispensaries to establish procedures designed to remove self-excluded persons from targeted mailings or other forms of advertising or promotions and deny self-excluded persons entry and access to the dispensary and the products and services provided by the dispensary. Prohibits dispensaries from allowing entry to or serving any person who is on the self-exclusion list. Provides that the list of self-excluded persons shall be exempt from public inspection, copying, and disclosure, except for the limited purpose of assisting in the proper administration of procedures established under the amendatory Act. Allows the Department of Public Health to adopt rules requiring a dispensing organization to use a purchaser's identification to check whether the purchaser is on the self-exclusion list. Provides that allowing entry to or serving any person who is on the self-exclusion list is grounds for discipline by the Department of Financial and Professional Regulation. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4134 Detail]

Download: Illinois-2019-HB4134-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4134 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
410 ILCS 705/10-20
410 ILCS 705/15-73 new
410 ILCS 705/15-145
Amends the Cannabis Regulation and Tax Act. Requires the Department of Public Health to provide by rule for the establishment of a list of self-excluded persons who may request to be placed on the list and are prohibited from entering a dispensary or purchasing any product or service at a dispensary. Provides that the rules must establish specified procedures regarding the list and require dispensaries to establish procedures designed to remove self-excluded persons from targeted mailings or other forms of advertising or promotions and deny self-excluded persons entry and access to the dispensary and the products and services provided by the dispensary. Prohibits dispensaries from allowing entry to or serving any person who is on the self-exclusion list. Provides that the list of self-excluded persons shall be exempt from public inspection, copying, and disclosure, except for the limited purpose of assisting in the proper administration of procedures established under the amendatory Act. Allows the Department of Public Health to adopt rules requiring a dispensing organization to use a purchaser's identification to check whether the purchaser is on the self-exclusion list. Provides that allowing entry to or serving any person who is on the self-exclusion list is grounds for discipline by the Department of Financial and Professional Regulation. Effective immediately.
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A BILL FOR
HB4134 LRB101 16209 CPF 65581 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Cannabis Regulation and Tax Act is amended
by changing Sections 10-20 and 15-145 and by adding Section
15-73 as follows:
(410 ILCS 705/10-20)
Sec. 10-20. Identification; false identification; penalty.
(a) To protect personal privacy, the Department of
Financial and Professional Regulation shall not require a
purchaser to provide a dispensing organization with personal
information other than government-issued identification to
determine the purchaser's age, and a dispensing organization
shall not obtain and record personal information about a
purchaser without the purchaser's consent. A dispensing
organization shall use an electronic reader or electronic
scanning device to scan a purchaser's government-issued
identification, if applicable, to determine the purchaser's
age and the validity of the identification. Any identifying or
personal information of a purchaser obtained or received in
accordance with this Section shall not be retained, used,
shared or disclosed for any purpose except as authorized by
this Act.

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(b) A person who is under 21 years of age may not present
or offer to a cannabis business establishment or the cannabis
business establishment's principal or employee any written or
oral evidence of age that is false, fraudulent, or not actually
the person's own, for the purpose of:
(1) purchasing, attempting to purchase, or otherwise
obtaining or attempting to obtain cannabis or any cannabis
product; or
(2) gaining access to a cannabis business
establishment.
(c) A violation of this Section is a Class A misdemeanor
consistent with Section 6-20 of the Liquor Control Act of 1934.
(d) The Secretary of State may suspend or revoke the
driving privileges of any person for a violation of this
Section under Section 6-206 of the Illinois Vehicle Code and
the rules adopted under it.
(e) No agent or employee of the licensee shall be
disciplined or discharged for selling or furnishing cannabis or
cannabis products to a person under 21 years of age if the
agent or employee demanded and was shown, before furnishing
cannabis or cannabis products to a person under 21 years of
age, adequate written evidence of age and identity of the
person. This subsection (e) does not apply if the agent or
employee accepted the written evidence knowing it to be false
or fraudulent. Adequate written evidence of age and identity of
the person is a document issued by a federal, State, county, or

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municipal government, or subdivision or agency thereof,
including, but not limited to, a motor vehicle operator's
license, a registration certificate issued under the Military
Selective Service Act, or an identification card issued to a
member of the Armed Forces. Proof that the licensee or his or
her employee or agent was shown and reasonably relied upon such
written evidence in any transaction forbidden by this Section
is an affirmative defense in any criminal prosecution therefor
or to any proceedings for the suspension or revocation of any
license based thereon.
(f) The Department of Public Health may adopt rules
requiring a dispensing organization to use a purchaser's
identification to check whether the purchaser is on the
self-exclusion list established under Section 15-73 of this
Act.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/15-73 new)
Sec. 15-73. Self-exclusion list.
(a) The Department of Public Health shall provide by rule
for the establishment of a list of self-excluded persons who
are prohibited from entering a dispensary or purchasing any
product or service at a dispensary. A person may request to be
placed on the list by acknowledging in a manner to be
established by the Department of Public Health that the person
wishes to be excluded and by agreeing that, during any period

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of voluntary exclusion, the person may not enter any dispensary
or purchase any product or service at a dispensary.
(b) The rules established under subsection (a) shall:
(1) establish procedures for placement on, and removal
from, the list of self-excluded persons, provided that,
notwithstanding any law to the contrary, prior to the
removal from the list a hearing must be conducted that is
not open to the general public and at which it shall be
established by the person seeking removal that there is no
longer a basis for the person to be maintained on the
self-exclusion list;
(2) establish procedures for the transmittal to all
dispensaries of identifying information concerning
self-excluded persons; and
(3) require dispensaries to establish procedures
designed to, at a minimum, remove self-excluded persons
from targeted mailings or other forms of advertising or
promotions and deny self-excluded persons entry and access
to the dispensary and the products and services provided by
the dispensary.
(c) A dispensary shall not allow entry to or serve any
person who is on the self-exclusion list established under this
Section.
(d) Notwithstanding any other law to the contrary, the list
of self-excluded persons shall be exempt from public
inspection, copying, and disclosure. This subsection shall not

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be construed to prohibit a dispensary from disclosing the
identity of a properly self-excluded person for the limited
purpose of assisting in the proper administration of
self-exclusion procedures established under this Section.
(410 ILCS 705/15-145)
Sec. 15-145. Grounds for discipline.
(a) The Department may deny issuance, refuse to renew or
restore, or may reprimand, place on probation, suspend, revoke,
or take other disciplinary or nondisciplinary action against
any license or agent identification card or may impose a fine
for any of the following:
(1) Material misstatement in furnishing information to
the Department;
(2) Violations of this Act or rules;
(3) Obtaining an authorization or license by fraud or
misrepresentation;
(4) A pattern of conduct that demonstrates
incompetence or that the applicant has engaged in conduct
or actions that would constitute grounds for discipline
under this Act;
(5) Aiding or assisting another person in violating any
provision of this Act or rules;
(6) Failing to respond to a written request for
information by the Department within 30 days;
(7) Engaging in unprofessional, dishonorable, or

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unethical conduct of a character likely to deceive,
defraud, or harm the public;
(8) Adverse action by another United States
jurisdiction or foreign nation;
(9) A finding by the Department that the licensee,
after having his or her license placed on suspended or
probationary status, has violated the terms of the
suspension or probation;
(10) Conviction, entry of a plea of guilty, nolo
contendere, or the equivalent in a State or federal court
of a principal officer or agent-in-charge of a felony
offense in accordance with Sections 2105-131, 2105-135,
and 2105-205 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois;
(11) Excessive use of or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug;
(12) A finding by the Department of a discrepancy in a
Department audit of cannabis;
(13) A finding by the Department of a discrepancy in a
Department audit of capital or funds;
(14) A finding by the Department of acceptance of
cannabis from a source other than an Adult Use Cultivation
Center, craft grower, infuser, or transporting
organization licensed by the Department of Agriculture, or
a dispensing organization licensed by the Department;
(15) An inability to operate using reasonable

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judgment, skill, or safety due to physical or mental
illness or other impairment or disability, including,
without limitation, deterioration through the aging
process or loss of motor skills or mental incompetence;
(16) Failing to report to the Department within the
time frames established, or if not identified, 14 days, of
any adverse action taken against the dispensing
organization or an agent by a licensing jurisdiction in any
state or any territory of the United States or any foreign
jurisdiction, any governmental agency, any law enforcement
agency or any court defined in this Section;
(17) Any violation of the dispensing organization's
policies and procedures submitted to the Department
annually as a condition for licensure;
(18) Failure to inform the Department of any change of
address within 10 business days;
(19) Disclosing customer names, personal information,
or protected health information in violation of any State
or federal law;
(20) Operating a dispensary before obtaining a license
from the Department;
(21) Performing duties authorized by this Act prior to
receiving a license to perform such duties;
(22) Dispensing cannabis when prohibited by this Act or
rules;
(23) Any fact or condition that, if it had existed at

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the time of the original application for the license, would
have warranted the denial of the license;
(24) Permitting a person without a valid agent
identification card to perform licensed activities under
this Act;
(25) Failure to assign an agent-in-charge as required
by this Article;
(26) Failure to provide the training required by
paragraph (3) of subsection (i) of Section 15-40 within the
provided timeframe;
(27) Personnel insufficient in number or unqualified
in training or experience to properly operate the
dispensary business;
(28) Any pattern of activity that causes a harmful
impact on the community; and
(29) Failing to prevent diversion, theft, or loss of
cannabis; and .
(30) Allowing entry to or serving any person who is on
the self-exclusion list established under Section 15-73.
(b) All fines and fees imposed under this Section shall be
paid within 60 days after the effective date of the order
imposing the fine or as otherwise specified in the order.
(c) A circuit court order establishing that an
agent-in-charge or principal officer holding an agent
identification card is subject to involuntary admission as that
term is defined in Section 1-119 or 1-119.1 of the Mental

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Health and Developmental Disabilities Code shall operate as a
suspension of that card.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.