Bill Text: IL SB0194 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Compassionate Use of Medical Cannabis Program Act. Removes references to "excluded offense" and provisions prohibiting employed individuals from having been convicted of an excluded offense. Replaces existing provisions concerning background checks with provisions requiring the Illinois State Police to conduct a criminal history record check of the prospective principal officers, board members, and agents of a medical cannabis dispensing organization or cultivation center applying for a license or agent identification card under the Act. Contains additional requirements for background checks. Makes other changes. Amends the Cannabis Regulation and Tax Act. Provides that nothing in the Act shall be construed to prevent or otherwise inhibit an otherwise qualified individual from serving as a principal officer or agent of a cannabis business establishment on the sole basis of a nonviolent criminal conviction related to cannabis.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB0194 Detail]

Download: Illinois-2023-SB0194-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0194 Introduced 1/31/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
410 ILCS 130/10
410 ILCS 130/85
410 ILCS 130/95
410 ILCS 130/100
410 ILCS 130/105
410 ILCS 130/115
410 ILCS 130/120
410 ILCS 705/5-20
Amends the Compassionate Use of Medical Cannabis Program Act. Removes references to "excluded offense" and provisions prohibiting employed individuals from having been convicted of an excluded offense. Replaces existing provisions concerning background checks with provisions requiring the Illinois State Police to conduct a criminal history record check of the prospective principal officers, board members, and agents of a medical cannabis dispensing organization or cultivation center applying for a license or agent identification card under the Act. Contains additional requirements for background checks. Makes other changes. Amends the Cannabis Regulation and Tax Act. Provides that nothing in the Act shall be construed to prevent or otherwise inhibit an otherwise qualified individual from serving as a principal officer or agent of a cannabis business establishment on the sole basis of a nonviolent criminal conviction related to cannabis.
LRB103 25667 CPF 52016 b
A BILL FOR
SB0194 LRB103 25667 CPF 52016 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Compassionate Use of Medical Cannabis
Program Act is amended by changing Sections 10, 85, 95, 100,
105, 115, and 120 as follows:
(410 ILCS 130/10)
Sec. 10. Definitions. The following terms, as used in this
Act, shall have the meanings set forth in this Section:
(a) "Adequate supply" means:
(1) 2.5 ounces of usable cannabis during a period of
14 days and that is derived solely from an intrastate
source.
(2) Subject to the rules of the Department of Public
Health, a patient may apply for a waiver where a
certifying health care professional provides a substantial
medical basis in a signed, written statement asserting
that, based on the patient's medical history, in the
certifying health care professional's professional
judgment, 2.5 ounces is an insufficient adequate supply
for a 14-day period to properly alleviate the patient's
debilitating medical condition or symptoms associated with
the debilitating medical condition.

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(3) This subsection may not be construed to authorize
the possession of more than 2.5 ounces at any time without
authority from the Department of Public Health.
(4) The pre-mixed weight of medical cannabis used in
making a cannabis infused product shall apply toward the
limit on the total amount of medical cannabis a registered
qualifying patient may possess at any one time.
(a-5) "Advanced practice registered nurse" means a person
who is licensed under the Nurse Practice Act as an advanced
practice registered nurse and has a controlled substances
license under Article III of the Illinois Controlled
Substances Act.
(b) "Cannabis" has the meaning given that term in Section
3 of the Cannabis Control Act.
(c) "Cannabis plant monitoring system" means a system that
includes, but is not limited to, testing and data collection
established and maintained by the registered cultivation
center and available to the Department for the purposes of
documenting each cannabis plant and for monitoring plant
development throughout the life cycle of a cannabis plant
cultivated for the intended use by a qualifying patient from
seed planting to final packaging.
(d) "Cardholder" means a qualifying patient or a
designated caregiver who has been issued and possesses a valid
registry identification card by the Department of Public
Health.

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(d-5) "Certifying health care professional" means a
physician, an advanced practice registered nurse, or a
physician assistant.
(e) "Cultivation center" means a facility operated by an
organization or business that is registered by the Department
of Agriculture to perform necessary activities to provide only
registered medical cannabis dispensing organizations with
usable medical cannabis.
(f) "Cultivation center agent" means a principal officer,
board member, employee, or agent of a registered cultivation
center who is 21 years of age or older and has not been
convicted of an excluded offense.
(g) "Cultivation center agent identification card" means a
document issued by the Department of Agriculture that
identifies a person as a cultivation center agent.
(h) "Debilitating medical condition" means one or more of
the following:
(1) cancer, glaucoma, positive status for human
immunodeficiency virus, acquired immune deficiency
syndrome, hepatitis C, amyotrophic lateral sclerosis,
Crohn's disease (including, but not limited to, ulcerative
colitis), agitation of Alzheimer's disease,
cachexia/wasting syndrome, muscular dystrophy, severe
fibromyalgia, spinal cord disease, including but not
limited to arachnoiditis, Tarlov cysts, hydromyelia,
syringomyelia, Rheumatoid arthritis, fibrous dysplasia,

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spinal cord injury, traumatic brain injury and
post-concussion syndrome, Multiple Sclerosis,
Arnold-Chiari malformation and Syringomyelia,
Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
(Complex Regional Pain Syndromes Type I), Causalgia, CRPS
(Complex Regional Pain Syndromes Type II),
Neurofibromatosis, Chronic Inflammatory Demyelinating
Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
syndrome, residual limb pain, seizures (including those
characteristic of epilepsy), post-traumatic stress
disorder (PTSD), autism, chronic pain, irritable bowel
syndrome, migraines, osteoarthritis, anorexia nervosa,
Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune
Disease, neuropathy, polycystic kidney disease, superior
canal dehiscence syndrome, or the treatment of these
conditions;
(1.5) terminal illness with a diagnosis of 6 months or
less; if the terminal illness is not one of the qualifying
debilitating medical conditions, then the certifying
health care professional shall on the certification form
identify the cause of the terminal illness; or
(2) any other debilitating medical condition or its
treatment that is added by the Department of Public Health
by rule as provided in Section 45.

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(i) "Designated caregiver" means a person who: (1) is at
least 21 years of age; (2) has agreed to assist with a
patient's medical use of cannabis; (3) has not been convicted
of an excluded offense; and (3) (4) assists no more than one
registered qualifying patient with his or her medical use of
cannabis.
(j) "Dispensing organization agent identification card"
means a document issued by the Department of Financial and
Professional Regulation that identifies a person as a medical
cannabis dispensing organization agent.
(k) "Enclosed, locked facility" means a room, greenhouse,
building, or other enclosed area equipped with locks or other
security devices that permit access only by a cultivation
center's agents or a dispensing organization's agent working
for the registered cultivation center or the registered
dispensing organization to cultivate, store, and distribute
cannabis for registered qualifying patients.
(l) (Blank). "Excluded offense" for cultivation center
agents and dispensing organizations means:
(1) a violent crime defined in Section 3 of the Rights
of Crime Victims and Witnesses Act or a substantially
similar offense that was classified as a felony in the
jurisdiction where the person was convicted; or
(2) a violation of a state or federal controlled
substance law, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act that

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was classified as a felony in the jurisdiction where the
person was convicted, except that the registering
Department may waive this restriction if the person
demonstrates to the registering Department's satisfaction
that his or her conviction was for the possession,
cultivation, transfer, or delivery of a reasonable amount
of cannabis intended for medical use. This exception does
not apply if the conviction was under state law and
involved a violation of an existing medical cannabis law.
For purposes of this subsection, the Department of Public
Health shall determine by emergency rule within 30 days after
the effective date of this amendatory Act of the 99th General
Assembly what constitutes a "reasonable amount".
(l-5) (Blank).
(l-10) "Illinois Cannabis Tracking System" means a
web-based system established and maintained by the Department
of Public Health that is available to the Department of
Agriculture, the Department of Financial and Professional
Regulation, the Illinois State Police, and registered medical
cannabis dispensing organizations on a 24-hour basis to upload
written certifications for Opioid Alternative Pilot Program
participants, to verify Opioid Alternative Pilot Program
participants, to verify Opioid Alternative Pilot Program
participants' available cannabis allotment and assigned
dispensary, and the tracking of the date of sale, amount, and
price of medical cannabis purchased by an Opioid Alternative

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Pilot Program participant.
(m) "Medical cannabis cultivation center registration"
means a registration issued by the Department of Agriculture.
(n) "Medical cannabis container" means a sealed,
traceable, food compliant, tamper resistant, tamper evident
container, or package used for the purpose of containment of
medical cannabis from a cultivation center to a dispensing
organization.
(o) "Medical cannabis dispensing organization", or
"dispensing organization", or "dispensary organization" means
a facility operated by an organization or business that is
registered by the Department of Financial and Professional
Regulation to acquire medical cannabis from a registered
cultivation center for the purpose of dispensing cannabis,
paraphernalia, or related supplies and educational materials
to registered qualifying patients, individuals with a
provisional registration for qualifying patient cardholder
status, or an Opioid Alternative Pilot Program participant.
(p) "Medical cannabis dispensing organization agent" or
"dispensing organization agent" means a principal officer,
board member, employee, or agent of a registered medical
cannabis dispensing organization who is 21 years of age or
older and has not been convicted of an excluded offense.
(q) "Medical cannabis infused product" means food, oils,
ointments, or other products containing usable cannabis that
are not smoked.

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(r) "Medical use" means the acquisition; administration;
delivery; possession; transfer; transportation; or use of
cannabis to treat or alleviate a registered qualifying
patient's debilitating medical condition or symptoms
associated with the patient's debilitating medical condition.
(r-5) "Opioid" means a narcotic drug or substance that is
a Schedule II controlled substance under paragraph (1), (2),
(3), or (5) of subsection (b) or under subsection (c) of
Section 206 of the Illinois Controlled Substances Act.
(r-10) "Opioid Alternative Pilot Program participant"
means an individual who has received a valid written
certification to participate in the Opioid Alternative Pilot
Program for a medical condition for which an opioid has been or
could be prescribed by a certifying health care professional
based on generally accepted standards of care.
(s) "Physician" means a doctor of medicine or doctor of
osteopathy licensed under the Medical Practice Act of 1987 to
practice medicine and who has a controlled substances license
under Article III of the Illinois Controlled Substances Act.
It does not include a licensed practitioner under any other
Act including but not limited to the Illinois Dental Practice
Act.
(s-1) "Physician assistant" means a physician assistant
licensed under the Physician Assistant Practice Act of 1987
and who has a controlled substances license under Article III
of the Illinois Controlled Substances Act.

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(s-5) "Provisional registration" means a document issued
by the Department of Public Health to a qualifying patient who
has submitted: (1) an online application and paid a fee to
participate in Compassionate Use of Medical Cannabis Program
pending approval or denial of the patient's application; or
(2) a completed application for terminal illness.
(t) "Qualifying patient" means a person who has been
diagnosed by a certifying health care professional as having a
debilitating medical condition.
(u) "Registered" means licensed, permitted, or otherwise
certified by the Department of Agriculture, Department of
Public Health, or Department of Financial and Professional
Regulation.
(v) "Registry identification card" means a document issued
by the Department of Public Health that identifies a person as
a registered qualifying patient or registered designated
caregiver.
(w) "Usable cannabis" means the seeds, leaves, buds, and
flowers of the cannabis plant and any mixture or preparation
thereof, but does not include the stalks, and roots of the
plant. It does not include the weight of any non-cannabis
ingredients combined with cannabis, such as ingredients added
to prepare a topical administration, food, or drink.
(x) "Verification system" means a Web-based system
established and maintained by the Department of Public Health
that is available to the Department of Agriculture, the

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Department of Financial and Professional Regulation, law
enforcement personnel, and registered medical cannabis
dispensing organization agents on a 24-hour basis for the
verification of registry identification cards, the tracking of
delivery of medical cannabis to medical cannabis dispensing
organizations, and the tracking of the date of sale, amount,
and price of medical cannabis purchased by a registered
qualifying patient.
(y) "Written certification" means a document dated and
signed by a certifying health care professional, stating (1)
that the qualifying patient has a debilitating medical
condition and specifying the debilitating medical condition
the qualifying patient has; and (2) that (A) the certifying
health care professional is treating or managing treatment of
the patient's debilitating medical condition; or (B) an Opioid
Alternative Pilot Program participant has a medical condition
for which opioids have been or could be prescribed. A written
certification shall be made only in the course of a bona fide
health care professional-patient relationship, after the
certifying health care professional has completed an
assessment of either a qualifying patient's medical history or
Opioid Alternative Pilot Program participant, reviewed
relevant records related to the patient's debilitating
condition, and conducted a physical examination.
(z) "Bona fide health care professional-patient
relationship" means a relationship established at a hospital,

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certifying health care professional's office, or other health
care facility in which the certifying health care professional
has an ongoing responsibility for the assessment, care, and
treatment of a patient's debilitating medical condition or a
symptom of the patient's debilitating medical condition.
A veteran who has received treatment at a VA hospital
shall be deemed to have a bona fide health care
professional-patient relationship with a VA certifying health
care professional if the patient has been seen for his or her
debilitating medical condition at the VA Hospital in
accordance with VA Hospital protocols.
A bona fide health care professional-patient relationship
under this subsection is a privileged communication within the
meaning of Section 8-802 of the Code of Civil Procedure.
(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
(410 ILCS 130/85)
Sec. 85. Issuance and denial of medical cannabis
cultivation permit.
(a) The Department of Agriculture may register up to 22
cultivation center registrations for operation. The Department
of Agriculture may not issue more than one registration per
each Illinois State Police District boundary as specified on
the date of January 1, 2013. The Department of Agriculture may
not issue less than the 22 registrations if there are
qualified applicants who have applied with the Department.

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(b) The registrations shall be issued and renewed annually
as determined by administrative rule.
(c) The Department of Agriculture shall determine a
registration fee by rule.
(d) A cultivation center may only operate if it has been
issued a valid registration from the Department of
Agriculture. When applying for a cultivation center
registration, the applicant shall submit the following in
accordance with Department of Agriculture rules:
(1) the proposed legal name of the cultivation center;
(2) the proposed physical address of the cultivation
center and description of the enclosed, locked facility as
it applies to cultivation centers where medical cannabis
will be grown, harvested, manufactured, packaged, or
otherwise prepared for distribution to a dispensing
organization;
(3) the name, address, and date of birth of each
principal officer and board member of the cultivation
center, provided that all those individuals shall be at
least 21 years of age;
(4) any instance in which a business that any of the
prospective board members of the cultivation center had
managed or served on the board of the business and was
convicted, fined, censured, or had a registration or
license suspended or revoked in any administrative or
judicial proceeding;

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(5) cultivation, inventory, and packaging plans;
(6) proposed operating by-laws that include procedures
for the oversight of the cultivation center, development
and implementation of a plant monitoring system, medical
cannabis container tracking system, accurate record
keeping, staffing plan, and security plan reviewed by the
Illinois State Police that are in accordance with the
rules issued by the Department of Agriculture under this
Act. A physical inventory shall be performed of all plants
and medical cannabis containers on a weekly basis;
(7) experience with agricultural cultivation
techniques and industry standards;
(8) any academic degrees, certifications, or relevant
experience with related businesses;
(9) the identity of every person, association, trust,
or corporation having any direct or indirect pecuniary
interest in the cultivation center operation with respect
to which the registration is sought. If the disclosed
entity is a trust, the application shall disclose the
names and addresses of the beneficiaries; if a
corporation, the names and addresses of all stockholders
and directors; if a partnership, the names and addresses
of all partners, both general and limited;
(10) verification from the Illinois State Police that
all background checks of the principal officer, board
members, and registered agents have been conducted and

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those individuals have not been convicted of an excluded
offense;
(11) provide a copy of the current local zoning
ordinance to the Department of Agriculture and verify that
proposed cultivation center is in compliance with the
local zoning rules issued in accordance with Section 140;
(12) an application fee set by the Department of
Agriculture by rule; and
(13) any other information required by Department of
Agriculture rules, including, but not limited to a
cultivation center applicant's experience with the
cultivation of agricultural or horticultural products,
operating an agriculturally related business, or operating
a horticultural business.
(e) An application for a cultivation center permit must be
denied if any of the following conditions are met:
(1) the applicant failed to submit the materials
required by this Section, including if the applicant's
plans do not satisfy the security, oversight, inventory,
or recordkeeping rules issued by the Department of
Agriculture;
(2) the applicant would not be in compliance with
local zoning rules issued in accordance with Section 140;
(3) (blank) one or more of the prospective principal
officers or board members has been convicted of an
excluded offense;

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(4) one or more of the prospective principal officers
or board members has served as a principal officer or
board member for a registered dispensing organization or
cultivation center that has had its registration revoked;
(5) one or more of the principal officers or board
members is under 21 years of age;
(6) a principal officer or board member of the
cultivation center has been convicted of a felony under
the laws of this State, any other state, or the United
States;
(7) a principal officer or board member of the
cultivation center has been convicted of any violation of
Article 28 of the Criminal Code of 2012, or substantially
similar laws of any other jurisdiction; or
(8) the person has submitted an application for a
certificate under this Act which contains false
information.
(Source: P.A. 102-538, eff. 8-20-21.)
(410 ILCS 130/95)
Sec. 95. Background checks.
(a) (Blank). The Department of Agriculture through the
Illinois State Police shall conduct a background check of the
prospective cultivation center agents. The Illinois State
Police shall charge a fee for conducting the criminal history
record check, which shall be deposited in the State Police

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Services Fund and shall not exceed the actual cost of the
record check. In order to carry out this provision, each
person applying as a cultivation center agent shall submit a
full set of fingerprints to the Illinois State Police for the
purpose of obtaining a State and federal criminal records
check. These fingerprints shall be checked against the
fingerprint records now and hereafter, to the extent allowed
by law, filed in the Illinois State Police and Federal Bureau
of Investigation criminal history records databases. The
Illinois State Police shall furnish, following positive
identification, all Illinois conviction information to the
Department of Agriculture.
(b) (Blank). When applying for the initial permit, the
background checks for the principal officer, board members,
and registered agents shall be completed prior to submitting
the application to the Department of Agriculture.
(c) Through the Illinois State Police, the licensing or
issuing Department shall conduct a criminal history record
check of the prospective principal officers, board members,
and agents of a medical cannabis dispensing organization or
cultivation center applying for a license or agent
identification card under this Act.
Each medical cannabis dispensing organization or
cultivation center's prospective principal officer, board
member, or agent shall submit his or her fingerprints to the
Illinois State Police in the form and manner prescribed by the

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Illinois State Police.
Unless otherwise provided in this Act, the fingerprints
shall be transmitted through a live scan fingerprint vendor
licensed by the Department of Financial and Professional
Regulation. The fingerprints shall be checked against the
fingerprint records now and hereafter filed in the Illinois
State Police and Federal Bureau of Investigation criminal
history records databases. The Illinois State Police shall
charge a fee for conducting the criminal history record check,
which shall be deposited into the State Police Services Fund
and shall not exceed the actual cost of the State and national
criminal history record check. The Illinois State Police shall
furnish, if there is a positive identification, all Illinois
conviction information and shall forward the national criminal
history record information to:
(1) the Department of Agriculture, with respect to a
cultivation center; or
(2) the Department of Financial and Professional
Regulation, with respect to a dispensing organization.
(d) When applying for the initial license or
identification card, the background checks for all prospective
principal officers, board members, and agents shall be
completed before submitting the application to the licensing
or issuing agency.
(e) All applications for licensure under this Act by
applicants with criminal convictions shall be subject to

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Sections 2105-131, 2105-135, and 2105-205 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois. However, nothing in this Section or Act shall be
construed to prevent or otherwise inhibit the ability of an
otherwise qualified individual from serving as a principal
officer or agent of a cannabis business establishment on the
sole basis of a nonviolent criminal conviction related to
cannabis.
(Source: P.A. 102-538, eff. 8-20-21.)
(410 ILCS 130/100)
Sec. 100. Cultivation center agent identification card.
(a) The Department of Agriculture shall:
(1) verify the information contained in an application
or renewal for a cultivation center identification card
submitted under this Act, and approve or deny an
application or renewal, within 30 days of receiving a
completed application or renewal application and all
supporting documentation required by rule;
(2) issue a cultivation center agent identification
card to a qualifying agent within 15 business days of
approving the application or renewal;
(3) enter the registry identification number of the
cultivation center where the agent works; and
(4) allow for an electronic application process, and
provide a confirmation by electronic or other methods that

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an application has been submitted.
(b) A cultivation center agent must keep his or her
identification card visible at all times when on the property
of a cultivation center and during the transportation of
medical cannabis to a registered dispensary organization.
(c) The cultivation center agent identification cards
shall contain the following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of
cultivation center agent identification cards;
(3) a random 10-digit alphanumeric identification
number containing at least 4 numbers and at least 4
letters that is unique to the holder; and
(4) a photograph of the cardholder.
(d) The cultivation center agent identification cards
shall be immediately returned to the cultivation center upon
termination of employment.
(e) Any card lost by a cultivation center agent shall be
reported to the Illinois State Police and the Department of
Agriculture immediately upon discovery of the loss.
(f) (Blank). An applicant shall be denied a cultivation
center agent identification card if he or she has been
convicted of an excluded offense.
(g) An agent applicant may begin employment at a
cultivation center while the agent applicant's identification
card application is pending. Upon approval, the Department

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shall issue the agent's identification card to the agent. If
denied, the cultivation center and the agent applicant shall
be notified and the agent applicant must cease all activity at
the cultivation center immediately.
(Source: P.A. 102-98, eff. 7-15-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(410 ILCS 130/105)
Sec. 105. Requirements; prohibitions; penalties for
cultivation centers.
(a) The operating documents of a registered cultivation
center shall include procedures for the oversight of the
cultivation center, a cannabis plant monitoring system
including a physical inventory recorded weekly, a cannabis
container system including a physical inventory recorded
weekly, accurate record keeping, and a staffing plan.
(b) A registered cultivation center shall implement a
security plan reviewed by the Illinois State Police and
including but not limited to: facility access controls,
perimeter intrusion detection systems, personnel
identification systems, 24-hour surveillance system to monitor
the interior and exterior of the registered cultivation center
facility and accessible to authorized law enforcement and the
Department of Agriculture in real-time.
(c) A registered cultivation center may not be located
within 2,500 feet of the property line of a pre-existing

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public or private preschool or elementary or secondary school
or day care center, day care home, group day care home, part
day child care facility, or an area zoned for residential use.
(d) All cultivation of cannabis for distribution to a
registered dispensing organization must take place in an
enclosed, locked facility as it applies to cultivation centers
at the physical address provided to the Department of
Agriculture during the registration process. The cultivation
center location shall only be accessed by the cultivation
center agents working for the registered cultivation center,
Department of Agriculture staff performing inspections,
Department of Public Health staff performing inspections, law
enforcement or other emergency personnel, and contractors
working on jobs unrelated to medical cannabis, such as
installing or maintaining security devices or performing
electrical wiring.
(e) A cultivation center may not sell or distribute any
cannabis to any individual or entity other than another
cultivation center, a dispensing organization registered under
this Act, or a laboratory licensed by the Department of
Agriculture.
(f) All harvested cannabis intended for distribution to a
dispensing organization must be packaged in a labeled medical
cannabis container and entered into a data collection system.
(g) (Blank). No person who has been convicted of an
excluded offense may be a cultivation center agent.

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(h) Registered cultivation centers are subject to random
inspection by the Illinois State Police.
(i) Registered cultivation centers are subject to random
inspections by the Department of Agriculture and the
Department of Public Health.
(j) A cultivation center agent shall notify local law
enforcement, the Illinois State Police, and the Department of
Agriculture within 24 hours of the discovery of any loss or
theft. Notification shall be made by phone or in-person, or by
written or electronic communication.
(k) A cultivation center shall comply with all State and
federal rules and regulations regarding the use of pesticides.
(Source: P.A. 101-363, eff. 8-9-19; 102-538, eff. 8-20-21.)
(410 ILCS 130/115)
Sec. 115. Registration of dispensing organizations.
(a) The Department of Financial and Professional
Regulation may issue up to 60 dispensing organization
registrations for operation. The Department of Financial and
Professional Regulation may not issue less than the 60
registrations if there are qualified applicants who have
applied with the Department of Financial and Professional
Regulation. The organizations shall be geographically
dispersed throughout the State to allow all registered
qualifying patients reasonable proximity and access to a
dispensing organization.

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(a-5) The Department of Financial and Professional
Regulation shall adopt rules to create a registration process
for Social Equity Justice Involved Applicants and Qualifying
Applicants, a streamlined application, and a Social Equity
Justice Involved Medical Lottery under Section 115.5 to issue
the remaining available 5 dispensing organization
registrations for operation. For purposes of this Section:
"Disproportionately Impacted Area" means a census tract or
comparable geographic area that satisfies the following
criteria as determined by the Department of Commerce and
Economic Opportunity, that:
(1) meets at least one of the following criteria:
(A) the area has a poverty rate of at least 20%
according to the latest federal decennial census; or
(B) 75% or more of the children in the area
participate in the federal free lunch program
according to reported statistics from the State Board
of Education; or
(C) at least 20% of the households in the area
receive assistance under the Supplemental Nutrition
Assistance Program; or
(D) the area has an average unemployment rate, as
determined by the Illinois Department of Employment
Security, that is more than 120% of the national
unemployment average, as determined by the United
States Department of Labor, for a period of at least 2

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consecutive calendar years preceding the date of the
application; and
(2) has high rates of arrest, conviction, and
incarceration related to sale, possession, use,
cultivation, manufacture, or transport of cannabis.
"Qualifying Applicant" means an applicant that: (i)
submitted an application pursuant to Section 15-30 of the
Cannabis Regulation and Tax Act that received at least 85% of
250 application points available under Section 15-30 of the
Cannabis Regulation and Tax Act as the applicant's final
score; (ii) received points at the conclusion of the scoring
process for meeting the definition of a "Social Equity
Applicant" as set forth under the Cannabis Regulation and Tax
Act; and (iii) is an applicant that did not receive a
Conditional Adult Use Dispensing Organization License through
a Qualifying Applicant Lottery pursuant to Section 15-35 of
the Cannabis Regulation and Tax Act or any Tied Applicant
Lottery conducted under the Cannabis Regulation and Tax Act.
"Social Equity Justice Involved Applicant" means an
applicant that is an Illinois resident and one of the
following:
(1) an applicant with at least 51% ownership and
control by one or more individuals who have resided for at
least 5 of the preceding 10 years in a Disproportionately
Impacted Area;
(2) an applicant with at least 51% of ownership and

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control by one or more individuals who have been arrested
for, convicted of, or adjudicated delinquent for any
offense that is eligible for expungement under subsection
(i) of Section 5.2 of the Criminal Identification Act; or
(3) an applicant with at least 51% ownership and
control by one or more members of an impacted family.
(b) A dispensing organization may only operate if it has
been issued a registration from the Department of Financial
and Professional Regulation. The Department of Financial and
Professional Regulation shall adopt rules establishing the
procedures for applicants for dispensing organizations.
(c) When applying for a dispensing organization
registration, the applicant shall submit, at a minimum, the
following in accordance with Department of Financial and
Professional Regulation rules:
(1) a non-refundable application fee established by
rule;
(2) the proposed legal name of the dispensing
organization;
(3) the proposed physical address of the dispensing
organization;
(4) the name, address, and date of birth of each
principal officer and board member of the dispensing
organization, provided that all those individuals shall be
at least 21 years of age;
(5) (blank);

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(6) (blank); and
(7) (blank).
(d) The Department of Financial and Professional
Regulation shall conduct a background check pursuant to
Section 95. of the prospective dispensing organization agents
in order to carry out this Section. The Department of State
Police shall charge a fee for conducting the criminal history
record check, which shall be deposited in the State Police
Services Fund and shall not exceed the actual cost of the
record check. Each person applying as a dispensing
organization agent shall submit a full set of fingerprints to
the Department of State Police for the purpose of obtaining a
State and federal criminal records check. These fingerprints
shall be checked against the fingerprint records now and
hereafter, to the extent allowed by law, filed in the
Department of State Police and Federal Bureau of Investigation
criminal history records databases. The Department of State
Police shall furnish, following positive identification, all
Illinois conviction information to the Department of Financial
and Professional Regulation.
(e) A dispensing organization must pay a registration fee
set by the Department of Financial and Professional
Regulation.
(f) An application for a medical cannabis dispensing
organization registration must be denied if any of the
following conditions are met:

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

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or renewal for a dispensing organization agent
identification card submitted under this Act, and approve
or deny an application or renewal, within 30 days of
receiving a completed application or renewal application
and all supporting documentation required by rule;
(2) issue a dispensing organization agent
identification card to a qualifying agent within 15
business days of approving the application or renewal;
(3) enter the registry identification number of the
dispensing organization where the agent works; and
(4) allow for an electronic application process, and
provide a confirmation by electronic or other methods that
an application has been submitted.
(b) A dispensing agent must keep his or her identification
card visible at all times when on the property of a dispensing
organization.
(c) The dispensing organization agent identification cards
shall contain the following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of the
dispensing organization agent identification cards;
(3) a random 10 digit alphanumeric identification
number containing at least 4 numbers and at least 4
letters; that is unique to the holder; and
(4) a photograph of the cardholder.
(d) The dispensing organization agent identification cards

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shall be immediately returned to the dispensing organization
upon termination of employment.
(e) Any card lost by a dispensing organization agent shall
be reported to the Illinois State Police and the Department of
Financial and Professional Regulation immediately upon
discovery of the loss.
(f) (Blank). An applicant shall be denied a dispensing
organization agent identification card if he or she has been
convicted of an excluded offense.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
Section 10. The Cannabis Regulation and Tax Act is amended
by changing Section 5-20 as follows:
(410 ILCS 705/5-20)
Sec. 5-20. Background checks.
(a) Through the Illinois State Police, the licensing or
issuing Department shall conduct a criminal history record
check of the prospective principal officers, board members,
and agents of a cannabis business establishment applying for a
license or identification card under this Act.
Each cannabis business establishment prospective principal
officer, board member, or agent shall submit his or her
fingerprints to the Illinois State Police in the form and
manner prescribed by the Illinois State Police.
Unless otherwise provided in this Act, such fingerprints

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shall be transmitted through a live scan fingerprint vendor
licensed by the Department of Financial and Professional
Regulation. These fingerprints shall be checked against the
fingerprint records now and hereafter filed in the Illinois
State Police and Federal Bureau of Investigation criminal
history records databases. The Illinois State Police shall
charge a fee for conducting the criminal history record check,
which shall be deposited into the State Police Services Fund
and shall not exceed the actual cost of the State and national
criminal history record check. The Illinois State Police shall
furnish, pursuant to positive identification, all Illinois
conviction information and shall forward the national criminal
history record information to:
(i) the Department of Agriculture, with respect to a
cultivation center, craft grower, infuser organization, or
transporting organization; or
(ii) the Department of Financial and Professional
Regulation, with respect to a dispensing organization.
(b) When applying for the initial license or
identification card, the background checks for all prospective
principal officers, board members, and agents shall be
completed before submitting the application to the licensing
or issuing agency.
(c) All applications for licensure under this Act by
applicants with criminal convictions shall be subject to
Sections 2105-131, 2105-135, and 2105-205 of the Department of

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Professional Regulation Law of the Civil Administrative Code
of Illinois. However, nothing in this Section or Act shall be
construed to prevent or otherwise inhibit the ability of an
otherwise qualified individual from serving as a principal
officer or agent of a cannabis business establishment on the
sole basis of a nonviolent criminal conviction related to
cannabis.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-538, eff. 8-20-21.)