§ 15-25

Illinois § 15-25

• Jurisdiction: Illinois
• Topic: HEALTH AND SAFETY
• Ch. 410: PUBLIC HEALTH
• Act 410 ILCS 705/: Cannabis Regulation and Tax Act.
• Art.: Article 15 - License and Regulation of Dispensing Organizations

Text

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

Legislative History

(Source: P.A. 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-8, eff. 6-7-23.)