CANNABIS-CONSOLIDATE TRANSPORT

Illinois General Assembly - Full Text of HB2384

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HB2384 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2384

Introduced 2/4/2025, by Rep. Robert "Bob" Rita

SYNOPSIS AS INTRODUCED:

5 ILCS 100/5-45.65 new
410 ILCS 705/1-10
410 ILCS 705/5-10
410 ILCS 705/20-30
410 ILCS 705/30-30
410 ILCS 705/35-25
410 ILCS 705/40-5
410 ILCS 705/40-25
410 ILCS 705/40-50 new

Amends the Cannabis Regulation and Tax Act. Provides for the
licensure of consolidated transport centers. Specifies requirements for
consolidated transport centers, including operating documents, security
plans, facility requirements, plant monitoring, prohibitions on ownership,
and prohibitions on offering things of value to certain persons and
licensees. Provides that cannabis business entities shall adhere to the
traceability and consumer protection guidelines established by the
Department of Agriculture when utilizing the cannabis plant monitoring
system or cannabis transport GPS tracking system. Provides that entities
awarded a transporting license may defer paying the associated license fee
for a period of no more than 3 years. Provides that all products received
and shipped to and from a consolidated transport center shall be tracked
within the cannabis plant monitoring system. Provides that a craft grower
or infuser may enter into a contract with a transporting organization to
transport cannabis to a consolidated transport center or a different
transporting organization at the consolidated transport center. Provides
that no person, cannabis business establishment, or entity other than a
licensed transportation organization shall transport cannabis or
cannabis-infused products on behalf of a cannabis business establishment
to or from a consolidated transport center, unless otherwise authorized by
rule. Makes other changes. Authorizes emergency rulemaking. Makes a
conforming change in the Illinois Administrative Procedure Act. Effective
immediately.
LRB104 10060 HLH 20131 b

A BILL FOR

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LRB104 10060 HLH 20131 b
1

AN ACT concerning health.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Administrative Procedure Act is
5
amended by adding Section 5-45.65 as follows:

6

(5 ILCS 100/5-45.65 new)
7

Sec. 5-45.65.
Emergency rulemaking; this amendatory Act of
8
the 104th General Assembly.
To provide for the expeditious and
9
timely implementation of this amendatory Act of the 104th
10
General Assembly, emergency rules implementing this amendatory
11
Act of the 104th General Assembly may be adopted in accordance
12
with Section 5-45 by the Department of Agriculture. The
13
adoption of emergency rules authorized by Section 5-45 and
14
this Section is deemed to be necessary for the public
15
interest, safety, and welfare.

16

This Section is repealed one year after the effective date
17
of this amendatory Act of the 104th General Assembly.

18

Section 10.
The Cannabis Regulation and Tax Act is amended
19
by changing Sections 1-10, 5-10, 20-30, 30-30, 35-25, 40-5,
20
and 40-25 and by adding Section 40-50 as follows:

21

(410 ILCS 705/1-10)

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1

Sec. 1-10.
Definitions.
In this Act:
2

"Adult Use Cultivation Center License" means a license
3
issued by the Department of Agriculture that permits a person
4
to act as a cultivation center under this Act and any
5
administrative rule made in furtherance of this Act.
6

"Adult Use Dispensing Organization License" means a
7
license issued by the Department of Financial and Professional
8
Regulation that permits a person to act as a dispensing
9
organization under this Act and any administrative rule made
10
in furtherance of this Act.
11

"Advertise" means to engage in promotional activities
12
including, but not limited to: newspaper, radio, Internet and
13
electronic media, and television advertising; the distribution
14
of fliers and circulars; billboard advertising; and the
15
display of window and interior signs. "Advertise" does not
16
mean exterior signage displaying only the name of the licensed
17
cannabis business establishment.
18

"Application points" means the number of points a
19
Dispensary Applicant receives on an application for a
20
Conditional Adult Use Dispensing Organization License.
21

"BLS Region" means a region in Illinois used by the United
22
States Bureau of Labor Statistics to gather and categorize
23
certain employment and wage data. The 17 such regions in
24
Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
25
Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
26
Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,

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Rockford, St. Louis, Springfield, Northwest Illinois
2
nonmetropolitan area, West Central Illinois nonmetropolitan
3
area, East Central Illinois nonmetropolitan area, and South
4
Illinois nonmetropolitan area.
5

"By lot" means a randomized method of choosing between 2
6
or more Eligible Tied Applicants or 2 or more Qualifying
7
Applicants.
8

"Cannabis" means marijuana, hashish, and other substances
9
that are identified as including any parts of the plant
10
Cannabis sativa and including derivatives or subspecies, such
11
as indica, of all strains of cannabis, whether growing or not;
12
the seeds thereof, the resin extracted from any part of the
13
plant; and any compound, manufacture, salt, derivative,
14
mixture, or preparation of the plant, its seeds, or resin,
15
including tetrahydrocannabinol (THC) and all other naturally
16
produced cannabinol derivatives, whether produced directly or
17
indirectly by extraction; however, "cannabis" does not include
18
the mature stalks of the plant, fiber produced from the
19
stalks, oil or cake made from the seeds of the plant, any other
20
compound, manufacture, salt, derivative, mixture, or
21
preparation of the mature stalks (except the resin extracted
22
from it), fiber, oil or cake, or the sterilized seed of the
23
plant that is incapable of germination. "Cannabis" does not
24
include industrial hemp as defined and authorized under the
25
Industrial Hemp Act. "Cannabis" also means cannabis flower,
26
concentrate, and cannabis-infused products.

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LRB104 10060 HLH 20131 b
1

"Cannabis business establishment" means a cultivation
2
center, craft grower, processing organization, infuser
3
organization, dispensing organization, or transporting
4
organization.
5

"Cannabis concentrate" means a product derived from
6
cannabis that is produced by extracting cannabinoids,
7
including tetrahydrocannabinol (THC), from the plant through
8
the use of propylene glycol, glycerin, butter, olive oil, or
9
other typical cooking fats; water, ice, or dry ice; or butane,
10
propane, CO
2
, ethanol, or isopropanol and with the intended
11
use of smoking or making a cannabis-infused product. The use
12
of any other solvent is expressly prohibited unless and until
13
it is approved by the Department of Agriculture.
14

"Cannabis container" means a sealed or resealable,
15
traceable, container, or package used for the purpose of
16
containment of cannabis or cannabis-infused product during
17
transportation.
18

"Cannabis flower" means marijuana, hashish, and other
19
substances that are identified as including any parts of the
20
plant Cannabis sativa and including derivatives or subspecies,
21
such as indica, of all strains of cannabis; including raw
22
kief, leaves, and buds, but not resin that has been extracted
23
from any part of such plant; nor any compound, manufacture,
24
salt, derivative, mixture, or preparation of such plant, its
25
seeds, or resin.
26

"Cannabis-infused product" means a beverage, food, oil,

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ointment, tincture, topical formulation, or another product
2
containing cannabis or cannabis concentrate that is not
3
intended to be smoked.
4

"Cannabis paraphernalia" means equipment, products, or
5
materials intended to be used for planting, propagating,
6
cultivating, growing, harvesting, manufacturing, producing,
7
processing, preparing, testing, analyzing, packaging,
8
repackaging, storing, containing, concealing, ingesting, or
9
otherwise introducing cannabis into the human body.
10

"Cannabis plant monitoring system" or "plant monitoring
11
system" means a system that includes, but is not limited to,
12
testing and data collection established and maintained by the
13
cultivation center, craft grower, or processing organization
14
and that is available to the Department of Revenue, the
15
Department of Agriculture, the Department of Financial and
16
Professional Regulation, and the Illinois State Police for the
17
purposes of documenting each cannabis plant and monitoring
18
plant development throughout the life cycle of a cannabis
19
plant cultivated for the intended use by a customer from seed
20
planting to final packaging.
21

"Cannabis testing facility" means an entity registered by
22
the Department of Agriculture to test cannabis for potency and
23
contaminants.
24

"Cannabis transport GPS tracking system" means a system
25
that includes, but is not limited to, real-time tracking,
26
tracing, and recording of global positioning system data for

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LRB104 10060 HLH 20131 b
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licensed transporter vehicles registered with the Department
2
of Agriculture to transport cannabis and cannabis-infused
3
products.
4

"Clone" means a plant section from a female cannabis plant
5
not yet rootbound, growing in a water solution or other
6
propagation matrix, that is capable of developing into a new
7
plant.
8

"Community College Cannabis Vocational Training Pilot
9
Program faculty participant" means a person who is 21 years of
10
age or older, licensed by the Department of Agriculture, and
11
is employed or contracted by an Illinois community college to
12
provide student instruction using cannabis plants at an
13
Illinois Community College.
14

"Community College Cannabis Vocational Training Pilot
15
Program faculty participant Agent Identification Card" means a
16
document issued by the Department of Agriculture that
17
identifies a person as a Community College Cannabis Vocational
18
Training Pilot Program faculty participant.
19

"Conditional Adult Use Dispensing Organization License"
20
means a contingent license awarded to applicants for an Adult
21
Use Dispensing Organization License that reserves the right to
22
an Adult Use Dispensing Organization License if the applicant
23
meets certain conditions described in this Act, but does not
24
entitle the recipient to begin purchasing or selling cannabis
25
or cannabis-infused products.
26

"Conditional Adult Use Cultivation Center License" means a

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LRB104 10060 HLH 20131 b
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license awarded to top-scoring applicants for an Adult Use
2
Cultivation Center License that reserves the right to an Adult
3
Use Cultivation Center License if the applicant meets certain
4
conditions as determined by the Department of Agriculture by
5
rule, but does not entitle the recipient to begin growing,
6
processing, or selling cannabis or cannabis-infused products.
7

"Consolidated transport center" means a facility licensed
8
by the Department of Agriculture that is: (i) integrated with
9
access controls, cameras, and alarms; (ii) owned and operated
10
by an independent social equity transporting organization; and
11
(iii) used for unloading products from vehicles, sorting and
12
securely storing products, and reloading products onto
13
licensed and registered transport vehicles before being
14
shipped to cannabis business establishments.
15

"Craft grower" means a facility operated by an
16
organization or business that is licensed by the Department of
17
Agriculture to cultivate, dry, cure, and package cannabis and
18
perform other necessary activities to make cannabis available
19
for sale at a dispensing organization or use at a processing
20
organization. A craft grower may contain up to 5,000 square
21
feet of canopy space on its premises for plants in the
22
flowering state. The Department of Agriculture may authorize
23
an increase or decrease of flowering stage cultivation space
24
in increments of 3,000 square feet by rule based on market
25
need, craft grower capacity, and the licensee's history of
26
compliance or noncompliance, with a maximum space of 14,000

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square feet for cultivating plants in the flowering stage,
2
which must be cultivated in all stages of growth in an enclosed
3
and secure area. A craft grower may share premises with a
4
processing organization or a dispensing organization, or both,
5
provided each licensee stores currency and cannabis or
6
cannabis-infused products in a separate secured vault to which
7
the other licensee does not have access or all licensees
8
sharing a vault share more than 50% of the same ownership.
9

"Craft grower agent" means a principal officer, board
10
member, employee, or other agent of a craft grower who is 21
11
years of age or older.
12

"Craft Grower Agent Identification Card" means a document
13
issued by the Department of Agriculture that identifies a
14
person as a craft grower agent.
15

"Cultivation center" means a facility operated by an
16
organization or business that is licensed by the Department of
17
Agriculture to cultivate, process, transport (unless otherwise
18
limited by this Act), and perform other necessary activities
19
to provide cannabis and cannabis-infused products to cannabis
20
business establishments.
21

"Cultivation center agent" means a principal officer,
22
board member, employee, or other agent of a cultivation center
23
who is 21 years of age or older.
24

"Cultivation Center Agent Identification Card" means a
25
document issued by the Department of Agriculture that
26
identifies a person as a cultivation center agent.

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"Currency" means currency and coin of the United States.
2

"Dispensary" means a facility operated by a dispensing
3
organization at which activities licensed by this Act may
4
occur.
5

"Dispensary Applicant" means the Proposed Dispensing
6
Organization Name as stated on an application for a
7
Conditional Adult Use Dispensing Organization License.
8

"Dispensing organization" means a facility operated by an
9
organization or business that is licensed by the Department of
10
Financial and Professional Regulation to acquire cannabis from
11
a cultivation center, craft grower, processing organization,
12
or another dispensary for the purpose of selling or dispensing
13
cannabis, cannabis-infused products, cannabis seeds,
14
paraphernalia, or related supplies under this Act to
15
purchasers or to qualified registered medical cannabis
16
patients and caregivers. As used in this Act, "dispensing
17
organization" includes a registered medical cannabis
18
organization as defined in the Compassionate Use of Medical
19
Cannabis Program Act or its successor Act that has obtained an
20
Early Approval Adult Use Dispensing Organization License.
21

"Dispensing organization agent" means a principal officer,
22
employee, or agent of a dispensing organization who is 21
23
years of age or older.
24

"Dispensing organization agent identification card" means
25
a document issued by the Department of Financial and
26
Professional Regulation that identifies a person as a

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LRB104 10060 HLH 20131 b
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dispensing organization agent.
2

"Disproportionately Impacted Area" means a census tract or
3
comparable geographic area that satisfies the following
4
criteria as determined by the Department of Commerce and
5
Economic Opportunity, that:
6

(1) meets at least one of the following criteria:
7

(A) the area has a poverty rate of at least 20%
8

according to the latest federal decennial census; or
9

(B) 75% or more of the children in the area
10

participate in the federal free lunch program
11

according to reported statistics from the State Board
12

of Education; or
13

(C) at least 20% of the households in the area
14

receive assistance under the Supplemental Nutrition
15

Assistance Program; or
16

(D) the area has an average unemployment rate, as
17

determined by the Illinois Department of Employment
18

Security, that is more than 120% of the national
19

unemployment average, as determined by the United
20

States Department of Labor, for a period of at least 2
21

consecutive calendar years preceding the date of the
22

application; and
23

(2) has high rates of arrest, conviction, and
24

incarceration related to the sale, possession, use,
25

cultivation, manufacture, or transport of cannabis.
26

"Early Approval Adult Use Cultivation Center License"

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LRB104 10060 HLH 20131 b
1
means a license that permits a medical cannabis cultivation
2
center licensed under the Compassionate Use of Medical
3
Cannabis Program Act as of the effective date of this Act to
4
begin cultivating, infusing, packaging, transporting (unless
5
otherwise provided in this Act), processing, and selling
6
cannabis or cannabis-infused product to cannabis business
7
establishments for resale to purchasers as permitted by this
8
Act as of January 1, 2020.
9

"Early Approval Adult Use Dispensing Organization License"
10
means a license that permits a medical cannabis dispensing
11
organization licensed under the Compassionate Use of Medical
12
Cannabis Program Act as of the effective date of this Act to
13
begin selling cannabis or cannabis-infused product to
14
purchasers as permitted by this Act as of January 1, 2020.
15

"Early Approval Adult Use Dispensing Organization at a
16
secondary site" means a license that permits a medical
17
cannabis dispensing organization licensed under the
18
Compassionate Use of Medical Cannabis Program Act as of the
19
effective date of this Act to begin selling cannabis or
20
cannabis-infused product to purchasers as permitted by this
21
Act on January 1, 2020 at a different dispensary location from
22
its existing registered medical dispensary location.
23

"Eligible Tied Applicant" means a Tied Applicant that is
24
eligible to participate in the process by which a remaining
25
available license is distributed by lot pursuant to a Tied
26
Applicant Lottery.

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1

"Enclosed, locked facility" means a room, greenhouse,
2
building, or other enclosed area equipped with locks or other
3
security devices that permit access only by cannabis business
4
establishment agents working for the licensed cannabis
5
business establishment or acting pursuant to this Act to
6
cultivate, process, store, or distribute cannabis.
7

"Enclosed, locked space" means a closet, room, greenhouse,
8
building, or other enclosed area equipped with locks or other
9
security devices that permit access only by authorized
10
individuals under this Act. "Enclosed, locked space" may
11
include:
12

(1) a space within a residential building that (i) is
13

the primary residence of the individual cultivating 5 or
14

fewer cannabis plants that are more than 5 inches tall and
15

(ii) includes sleeping quarters and indoor plumbing. The
16

space must only be accessible by a key or code that is
17

different from any key or code that can be used to access
18

the residential building from the exterior; or
19

(2) a structure, such as a shed or greenhouse, that
20

lies on the same plot of land as a residential building
21

that (i) includes sleeping quarters and indoor plumbing
22

and (ii) is used as a primary residence by the person
23

cultivating 5 or fewer cannabis plants that are more than
24

5 inches tall, such as a shed or greenhouse. The structure
25

must remain locked when it is unoccupied by people.
26

"Financial institution" has the same meaning as "financial

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1
organization" as defined in Section 1501 of the Illinois
2
Income Tax Act, and also includes the holding companies,
3
subsidiaries, and affiliates of such financial organizations.
4

"Flowering stage" means the stage of cultivation where and
5
when a cannabis plant is cultivated to produce plant material
6
for cannabis products. This includes mature plants as follows:
7

(1) if greater than 2 stigmas are visible at each
8

internode of the plant; or
9

(2) if the cannabis plant is in an area that has been
10

intentionally deprived of light for a period of time
11

intended to produce flower buds and induce maturation,
12

from the moment the light deprivation began through the
13

remainder of the marijuana plant growth cycle.
14

"Individual" means a natural person.
15

"Independent social equity transporting organization"
16
means a transporting organization that is not owned in whole
17
or in part by a cultivation center, dispensing organization,
18
processing organization, or any principal officer of a
19
cultivation center, dispensing organization, or processing
20
organization.
21

"Infuser organization" or "infuser" means a facility
22
operated by an organization or business that is licensed by
23
the Department of Agriculture to directly incorporate cannabis
24
or cannabis concentrate into a product formulation to produce
25
a cannabis-infused product.
26

"Kief" means the resinous crystal-like trichomes that are

HB2384
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LRB104 10060 HLH 20131 b
1
found on cannabis and that are accumulated, resulting in a
2
higher concentration of cannabinoids, untreated by heat or
3
pressure, or extracted using a solvent.
4

"Labor peace agreement" means an agreement between a
5
cannabis business establishment and any labor organization
6
recognized under the National Labor Relations Act, referred to
7
in this Act as a bona fide labor organization, that prohibits
8
labor organizations and members from engaging in picketing,
9
work stoppages, boycotts, and any other economic interference
10
with the cannabis business establishment. This agreement means
11
that the cannabis business establishment has agreed not to
12
disrupt efforts by the bona fide labor organization to
13
communicate with, and attempt to organize and represent, the
14
cannabis business establishment's employees. The agreement
15
shall provide a bona fide labor organization access at
16
reasonable times to areas in which the cannabis business
17
establishment's employees work, for the purpose of meeting
18
with employees to discuss their right to representation,
19
employment rights under State law, and terms and conditions of
20
employment. This type of agreement shall not mandate a
21
particular method of election or certification of the bona
22
fide labor organization.
23

"Limited access area" means a room or other area under the
24
control of a cannabis dispensing organization licensed under
25
this Act and upon the licensed premises where cannabis sales
26
occur with access limited to purchasers, dispensing

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LRB104 10060 HLH 20131 b
1
organization owners and other dispensing organization agents,
2
or service professionals conducting business with the
3
dispensing organization, or, if sales to registered qualifying
4
patients, caregivers, provisional patients, and Opioid
5
Alternative Pilot Program participants licensed pursuant to
6
the Compassionate Use of Medical Cannabis Program Act are also
7
permitted at the dispensary, registered qualifying patients,
8
caregivers, provisional patients, and Opioid Alternative Pilot
9
Program participants.
10

"Member of an impacted family" means an individual who has
11
a parent, legal guardian, child, spouse, or dependent, or was
12
a dependent of an individual who, prior to the effective date
13
of this Act, was arrested for, convicted of, or adjudicated
14
delinquent for any offense that is eligible for expungement
15
under this Act.
16

"Mother plant" means a cannabis plant that is cultivated
17
or maintained for the purpose of generating clones, and that
18
will not be used to produce plant material for sale to an
19
infuser or dispensing organization.
20

"Ordinary public view" means within the sight line with
21
normal visual range of a person, unassisted by visual aids,
22
from a public street or sidewalk adjacent to real property, or
23
from within an adjacent property.
24

"Ownership and control" means ownership of at least 51% of
25
the business, including corporate stock if a corporation, and
26
control over the management and day-to-day operations of the

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1
business and an interest in the capital, assets, and profits
2
and losses of the business proportionate to percentage of
3
ownership.
4

"Person" means a natural individual, firm, partnership,
5
association, joint stock company, joint venture, public or
6
private corporation, limited liability company, or a receiver,
7
executor, trustee, guardian, or other representative appointed
8
by order of any court.
9

"Possession limit" means the amount of cannabis under
10
Section 10-10 that may be possessed at any one time by a person
11
21 years of age or older or who is a registered qualifying
12
medical cannabis patient or caregiver under the Compassionate
13
Use of Medical Cannabis Program Act.
14

"Principal officer" includes a cannabis business
15
establishment applicant or licensed cannabis business
16
establishment's board member, owner with more than 1% interest
17
of the total cannabis business establishment or more than 5%
18
interest of the total cannabis business establishment of a
19
publicly traded company, president, vice president, secretary,
20
treasurer, partner, officer, member, manager member, or person
21
with a profit sharing, financial interest, or revenue sharing
22
arrangement. The definition includes a person with authority
23
to control the cannabis business establishment, a person who
24
assumes responsibility for the debts of the cannabis business
25
establishment and who is further defined in this Act.
26

"Primary residence" means a dwelling where a person

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1
usually stays or stays more often than other locations. It may
2
be determined by, without limitation, presence, tax filings;
3
address on an Illinois driver's license, an Illinois
4
Identification Card, or an Illinois Person with a Disability
5
Identification Card; or voter registration. No person may have
6
more than one primary residence.
7

"Processing organization" or "processor" means a facility
8
operated by an organization or business that is licensed by
9
the Department of Agriculture to either extract constituent
10
chemicals or compounds to produce cannabis concentrate or
11
incorporate cannabis or cannabis concentrate into a product
12
formulation to produce a cannabis product.
13

"Processing organization agent" means a principal officer,
14
board member, employee, or agent of a processing organization.
15

"Processing organization agent identification card" means
16
a document issued by the Department of Agriculture that
17
identifies a person as a processing organization agent.
18

"Purchaser" means a person 21 years of age or older who
19
acquires cannabis for a valuable consideration. "Purchaser"
20
does not include a cardholder under the Compassionate Use of
21
Medical Cannabis Program Act.
22

"Qualifying Applicant" means an applicant that submitted
23
an application pursuant to Section 15-30 that received at
24
least 85% of 250 application points available under Section
25
15-30 as the applicant's final score and meets the definition
26
of "Social Equity Applicant" as set forth under this Section.

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1

"Qualifying Social Equity Justice Involved Applicant"
2
means an applicant that submitted an application pursuant to
3
Section 15-30 that received at least 85% of 250 application
4
points available under Section 15-30 as the applicant's final
5
score and meets the criteria of either paragraph (1) or (2) of
6
the definition of "Social Equity Applicant" as set forth under
7
this Section.
8

"Qualified Social Equity Applicant" means a Social Equity
9
Applicant who has been awarded a conditional license under
10
this Act to operate a cannabis business establishment.
11

"Resided" means an individual's primary residence was
12
located within the relevant geographic area as established by
13
2 of the following:
14

(1) a signed lease agreement that includes the
15

applicant's name;
16

(2) a property deed that includes the applicant's
17

name;
18

(3) school records;
19

(4) a voter registration card;
20

(5) an Illinois driver's license, an Illinois
21

Identification Card, or an Illinois Person with a
22

Disability Identification Card;
23

(6) a paycheck stub;
24

(7) a utility bill;
25

(8) tax records; or
26

(9) any other proof of residency or other information

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1

necessary to establish residence as provided by rule.
2

"Smoking" means the inhalation of smoke caused by the
3
combustion of cannabis.
4

"Social Equity Applicant" means an applicant that is an
5
Illinois resident that meets one of the following criteria:
6

(1) an applicant with at least 51% ownership and
7

control by one or more individuals who have resided for at
8

least 5 of the preceding 10 years in a Disproportionately
9

Impacted Area;
10

(2) an applicant with at least 51% ownership and
11

control by one or more individuals who:
12

(i) have been arrested for, convicted of, or
13

adjudicated delinquent for any offense that is
14

eligible for expungement under this Act; or
15

(ii) is a member of an impacted family;
16

(3) for applicants with a minimum of 10 full-time
17

employees, an applicant with at least 51% of current
18

employees who:
19

(i) currently reside in a Disproportionately
20

Impacted Area; or
21

(ii) have been arrested for, convicted of, or
22

adjudicated delinquent for any offense that is
23

eligible for expungement under this Act or member of
24

an impacted family.
25

Nothing in this Act shall be construed to preempt or limit
26
the duties of any employer under the Job Opportunities for

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1
Qualified Applicants Act. Nothing in this Act shall permit an
2
employer to require an employee to disclose sealed or expunged
3
offenses, unless otherwise required by law.
4

"Tied Applicant" means an application submitted by a
5
Dispensary Applicant pursuant to Section 15-30 that received
6
the same number of application points under Section 15-30 as
7
the Dispensary Applicant's final score as one or more
8
top-scoring applications in the same BLS Region and would have
9
been awarded a license but for the one or more other
10
top-scoring applications that received the same number of
11
application points. Each application for which a Dispensary
12
Applicant was required to pay a required application fee for
13
the application period ending January 2, 2020 shall be
14
considered an application of a separate Tied Applicant.
15

"Tied Applicant Lottery" means the process established
16
under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
17
Use Dispensing Organization Licenses pursuant to Sections
18
15-25 and 15-30 among Eligible Tied Applicants.
19

"Tincture" means a cannabis-infused solution, typically
20
comprised of alcohol, glycerin, or vegetable oils, derived
21
either directly from the cannabis plant or from a processed
22
cannabis extract. A tincture is not an alcoholic liquor as
23
defined in the Liquor Control Act of 1934. A tincture shall
24
include a calibrated dropper or other similar device capable
25
of accurately measuring servings.
26

"Transporting organization" or "transporter" means an

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1
organization or business that is licensed by the Department of
2
Agriculture to transport cannabis or cannabis-infused product
3
on behalf of a cannabis business establishment or a community
4
college licensed under the Community College Cannabis
5
Vocational Training Pilot Program.
6

"Transporting organization agent" means a principal
7
officer, board member, employee, or agent of a transporting
8
organization.
9

"Transporting organization agent identification card"
10
means a document issued by the Department of Agriculture that
11
identifies a person as a transporting organization agent.
12

"Unit of local government" means any county, city,
13
village, or incorporated town.
14

"Vegetative stage" means the stage of cultivation in which
15
a cannabis plant is propagated to produce additional cannabis
16
plants or reach a sufficient size for production. This
17
includes seedlings, clones, mothers, and other immature
18
cannabis plants as follows:
19

(1) if the cannabis plant is in an area that has not
20

been intentionally deprived of light for a period of time
21

intended to produce flower buds and induce maturation, it
22

has no more than 2 stigmas visible at each internode of the
23

cannabis plant; or
24

(2) any cannabis plant that is cultivated solely for
25

the purpose of propagating clones and is never used to
26

produce cannabis.

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1
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
2
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
3
5-13-22.)

4

(410 ILCS 705/5-10)
5

Sec. 5-10.
Department of Agriculture.
The Department of
6
Agriculture shall administer and enforce provisions of this
7
Act relating to the oversight and registration of cultivation
8
centers, craft growers, infuser organizations, and
9
transporting organizations and agents, including the issuance
10
of identification cards and establishing limits on potency or
11
serving size for cannabis or cannabis products. The Department
12
of Agriculture may suspend or revoke the license of, or impose
13
other penalties upon cultivation centers, craft growers,
14
infuser organizations, transporting organizations, and their
15
principal officers, Agents-in-Charge, and agents for
16
violations of this Act and any rules adopted under this Act.
17

The Department may adopt rules and emergency rules in
18
accordance with the Illinois Administrative Procedure Act and
19
prescribe forms and fees relating to the administration and
20
enforcement of this amendatory Act of the 104th General
21
Assembly, as it deems appropriate.
22
(Source: P.A. 101-27, eff. 6-25-19.)

23

(410 ILCS 705/20-30)
24

Sec. 20-30.
Cultivation center requirements; prohibitions.

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1

(a) The operating documents of a cultivation center shall
2
include procedures for the oversight of the cultivation
3
center, a cannabis plant monitoring system including a
4
physical inventory recorded weekly, accurate recordkeeping,
5
and a staffing plan.
6

(b) A cultivation center shall implement a security plan
7
reviewed by the Illinois State Police that includes, but is
8
not limited to: facility access controls, perimeter intrusion
9
detection systems, personnel identification systems, 24-hour
10
surveillance system to monitor the interior and exterior of
11
the cultivation center facility and accessibility to
12
authorized law enforcement, the Department of Public Health
13
where processing takes place, and the Department of
14
Agriculture in real time.
15

(c) All cultivation of cannabis by a cultivation center
16
must take place in an enclosed, locked facility at the
17
physical address provided to the Department of Agriculture
18
during the licensing process. The cultivation center location
19
shall only be accessed by the agents working for the
20
cultivation center, the Department of Agriculture staff
21
performing inspections, the Department of Public Health staff
22
performing inspections, local and State law enforcement or
23
other emergency personnel, contractors working on jobs
24
unrelated to cannabis, such as installing or maintaining
25
security devices or performing electrical wiring, transporting
26
organization agents as provided in this Act, individuals in a

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1
mentoring or educational program approved by the State, or
2
other individuals as provided by rule.
3

(d) A cultivation center may not sell or distribute any
4
cannabis or cannabis-infused products to any person other than
5
a dispensing organization, craft grower, infuser organization,
6
transporter, or as otherwise authorized by rule.
7

(e) A cultivation center may not either directly or
8
indirectly discriminate in price between different dispensing
9
organizations, craft growers, or infuser organizations that
10
are purchasing a like grade, strain, brand, and quality of
11
cannabis or cannabis-infused product. Nothing in this
12
subsection (e) prevents a cultivation center from pricing
13
cannabis differently based on differences in the cost of
14
manufacturing or processing, the quantities sold, such as
15
volume discounts, or the way the products are delivered.
16

(f) All cannabis harvested by a cultivation center and
17
intended for distribution to a dispensing organization must be
18
entered into a data collection system, packaged and labeled
19
under Section 55-21, and placed into a cannabis container for
20
transport. All cannabis harvested by a cultivation center and
21
intended for distribution to a craft grower or infuser
22
organization must be packaged in a labeled cannabis container
23
and entered into a data collection system before transport.
24

(g) Cultivation centers are subject to random inspections
25
by the Department of Agriculture, the Department of Public
26
Health, local safety or health inspectors, the Illinois State

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1
Police, or as provided by rule.
2

(h) A cultivation center agent shall notify local law
3
enforcement, the Illinois State Police, and the Department of
4
Agriculture within 24 hours of the discovery of any loss or
5
theft. Notification shall be made by phone or in person, or by
6
written or electronic communication.
7

(i) A cultivation center shall comply with all State and
8
any applicable federal rules and regulations regarding the use
9
of pesticides on cannabis plants.
10

(j) No person or entity shall hold any legal, equitable,
11
ownership, or beneficial interest, directly or indirectly, of
12
more than 3 cultivation centers licensed under this Article.
13
Further, no person or entity that is employed by, an agent of,
14
has a contract to receive payment in any form from a
15
cultivation center, is a principal officer of a cultivation
16
center, or entity controlled by or affiliated with a principal
17
officer of a cultivation shall hold any legal, equitable,
18
ownership, or beneficial interest, directly or indirectly, in
19
a cultivation that would result in the person or entity owning
20
or controlling in combination with any cultivation center,
21
principal officer of a cultivation center, or entity
22
controlled or affiliated with a principal officer of a
23
cultivation center by which he, she, or it is employed, is an
24
agent of, or participates in the management of, more than 3
25
cultivation center licenses.
26

(k) A cultivation center may not contain more than 210,000

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1
square feet of canopy space for plants in the flowering stage
2
for cultivation of adult use cannabis as provided in this Act.
3

(l) A cultivation center may process cannabis, cannabis
4
concentrates, and cannabis-infused products.
5

(m) Beginning July 1, 2020, a cultivation center shall not
6
transport cannabis or cannabis-infused products to a craft
7
grower, dispensing organization, infuser organization, or
8
laboratory licensed under this Act, unless it has obtained a
9
transporting organization license.
10

(n) It is unlawful for any person having a cultivation
11
center license or any officer, associate, member,
12
representative, or agent of such licensee to offer or deliver
13
money, or anything else of value, directly or indirectly to
14
any person having an Early Approval Adult Use Dispensing
15
Organization License, a Conditional Adult Use Dispensing
16
Organization License, an Adult Use Dispensing Organization
17
License, or a medical cannabis dispensing organization license
18
issued under the Compassionate Use of Medical Cannabis Program
19
Act, or to any person connected with or in any way
20
representing, or to any member of the family of, such person
21
holding an Early Approval Adult Use Dispensing Organization
22
License, a Conditional Adult Use Dispensing Organization
23
License, an Adult Use Dispensing Organization License, or a
24
medical cannabis dispensing organization license issued under
25
the Compassionate Use of Medical Cannabis Program Act, or to
26
any stockholders in any corporation engaged in the retail sale

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1
of cannabis, or to any officer, manager, agent, or
2
representative of the Early Approval Adult Use Dispensing
3
Organization License, a Conditional Adult Use Dispensing
4
Organization License, an Adult Use Dispensing Organization
5
License, or a medical cannabis dispensing organization license
6
issued under the Compassionate Use of Medical Cannabis Program
7
Act to obtain preferential placement within the dispensing
8
organization, including, without limitation, on shelves and in
9
display cases where purchasers can view products, or on the
10
dispensing organization's website.
11

(o) A cultivation center must comply with any other
12
requirements or prohibitions set by administrative rule of the
13
Department of Agriculture.
14

(p) Cannabis business entities shall adhere to the
15
traceability and consumer protection guidelines established by
16
the Department of Agriculture when utilizing the cannabis
17
plant monitoring system or cannabis transport GPS tracking
18
system.
19
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
20
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
21
5-13-22.)

22

(410 ILCS 705/30-30)
23

Sec. 30-30.
Craft grower requirements; prohibitions.
24

(a) The operating documents of a craft grower shall
25
include procedures for the oversight of the craft grower, a

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LRB104 10060 HLH 20131 b
1
cannabis plant monitoring system including a physical
2
inventory recorded weekly, accurate recordkeeping, and a
3
staffing plan.
4

(b) A craft grower shall implement a security plan
5
reviewed by the Illinois State Police that includes, but is
6
not limited to: facility access controls, perimeter intrusion
7
detection systems, personnel identification systems, and a
8
24-hour surveillance system to monitor the interior and
9
exterior of the craft grower facility and that is accessible
10
to authorized law enforcement and the Department of
11
Agriculture in real time.
12

(c) All cultivation of cannabis by a craft grower must
13
take place in an enclosed, locked facility at the physical
14
address provided to the Department of Agriculture during the
15
licensing process. The craft grower location shall only be
16
accessed by the agents working for the craft grower, the
17
Department of Agriculture staff performing inspections, the
18
Department of Public Health staff performing inspections,
19
State and local law enforcement or other emergency personnel,
20
contractors working on jobs unrelated to cannabis, such as
21
installing or maintaining security devices or performing
22
electrical wiring, transporting organization agents as
23
provided in this Act, or participants in the incubator
24
program, individuals in a mentoring or educational program
25
approved by the State, or other individuals as provided by
26
rule. However, if a craft grower shares a premises with an

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1
infuser or dispensing organization, agents from those other
2
licensees may access the craft grower portion of the premises
3
if that is the location of common bathrooms, lunchrooms,
4
locker rooms, or other areas of the building where work or
5
cultivation of cannabis is not performed. At no time may an
6
infuser or dispensing organization agent perform work at a
7
craft grower without being a registered agent of the craft
8
grower.
9

(d) A craft grower may not sell or distribute any cannabis
10
to any person other than a cultivation center, a craft grower,
11
an infuser organization, a dispensing organization, or as
12
otherwise authorized by rule.
13

(e) A craft grower may not be located in an area zoned for
14
residential use.
15

(f) A craft grower may not either directly or indirectly
16
discriminate in price between different cannabis business
17
establishments that are purchasing a like grade, strain,
18
brand, and quality of cannabis or cannabis-infused product.
19
Nothing in this subsection (f) prevents a craft grower from
20
pricing cannabis differently based on differences in the cost
21
of manufacturing or processing, the quantities sold, such as
22
volume discounts, or the way the products are delivered.
23

(g) All cannabis harvested by a craft grower and intended
24
for distribution to a dispensing organization must be entered
25
into a data collection system, packaged and labeled under
26
Section 55-21, and, if distribution is to a dispensing

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1
organization that does not share a premises with the
2
dispensing organization receiving the cannabis, placed into a
3
cannabis container for transport. All cannabis harvested by a
4
craft grower and intended for distribution to a cultivation
5
center, to an infuser organization, or to a craft grower with
6
which it does not share a premises, must be packaged in a
7
labeled cannabis container and entered into a data collection
8
system before transport.
9

(h) Craft growers are subject to random inspections by the
10
Department of Agriculture, local safety or health inspectors,
11
the Illinois State Police, or as provided by rule.
12

(i) A craft grower agent shall notify local law
13
enforcement, the Illinois State Police, and the Department of
14
Agriculture within 24 hours of the discovery of any loss or
15
theft. Notification shall be made by phone, in person, or
16
written or electronic communication.
17

(j) A craft grower shall comply with all State and any
18
applicable federal rules and regulations regarding the use of
19
pesticides.
20

(k) A craft grower or craft grower agent shall not
21
transport cannabis or cannabis-infused products to any other
22
cannabis business establishment without a transport
23
organization license unless:
24

(i) If the craft grower is located in a county with a
25

population of 3,000,000 or more, the cannabis business
26

establishment receiving the cannabis is within 2,000 feet

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1

of the property line of the craft grower;
2

(ii) If the craft grower is located in a county with a
3

population of more than 700,000 but fewer than 3,000,000,
4

the cannabis business establishment receiving the cannabis
5

is within 2 miles of the craft grower; or
6

(iii) If the craft grower is located in a county with a
7

population of fewer than 700,000, the cannabis business
8

establishment receiving the cannabis is within 15 miles of
9

the craft grower.
10

(l) A craft grower may enter into a contract with a
11
transporting organization to transport cannabis to
a
12
consolidated transport center, a different transporting
13
organization at the consolidated transport center,
a
14
cultivation center, a craft grower, an infuser organization, a
15
dispensing organization, or a laboratory.
All products
16
received and shipped to and from a consolidated transport
17
center shall be tracked within the cannabis plant monitoring
18
system.
19

(m) No person or entity shall hold any legal, equitable,
20
ownership, or beneficial interest, directly or indirectly, of
21
more than 3 craft grower licenses. Further, no person or
22
entity that is employed by, an agent of, or has a contract to
23
receive payment from or participate in the management of a
24
craft grower, is a principal officer of a craft grower, or
25
entity controlled by or affiliated with a principal officer of
26
a craft grower shall hold any legal, equitable, ownership, or

HB2384
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1
beneficial interest, directly or indirectly, in a craft grower
2
license that would result in the person or entity owning or
3
controlling in combination with any craft grower, principal
4
officer of a craft grower, or entity controlled or affiliated
5
with a principal officer of a craft grower by which he, she, or
6
it is employed, is an agent of, or participates in the
7
management of more than 3 craft grower licenses.
8

(n) It is unlawful for any person having a craft grower
9
license or any officer, associate, member, representative, or
10
agent of the licensee to offer or deliver money, or anything
11
else of value, directly or indirectly, to any person having an
12
Early Approval Adult Use Dispensing Organization License, a
13
Conditional Adult Use Dispensing Organization License, an
14
Adult Use Dispensing Organization License, or a medical
15
cannabis dispensing organization license issued under the
16
Compassionate Use of Medical Cannabis Program Act, or to any
17
person connected with or in any way representing, or to any
18
member of the family of, the person holding an Early Approval
19
Adult Use Dispensing Organization License, a Conditional Adult
20
Use Dispensing Organization License, an Adult Use Dispensing
21
Organization License, or a medical cannabis dispensing
22
organization license issued under the Compassionate Use of
23
Medical Cannabis Program Act, or to any stockholders in any
24
corporation engaged in the retail sale of cannabis, or to any
25
officer, manager, agent, or representative of the Early
26
Approval Adult Use Dispensing Organization License, a

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1
Conditional Adult Use Dispensing Organization License, an
2
Adult Use Dispensing Organization License, or a medical
3
cannabis dispensing organization license issued under the
4
Compassionate Use of Medical Cannabis Program Act to obtain
5
preferential placement within the dispensing organization,
6
including, without limitation, on shelves and in display cases
7
where purchasers can view products, or on the dispensing
8
organization's website.
9

(o) A craft grower shall not be located within 1,500 feet
10
of another craft grower or a cultivation center.
11

(p) A craft grower may process cannabis, cannabis
12
concentrates, and cannabis-infused products.
13

(q) A craft grower must comply with any other requirements
14
or prohibitions set by administrative rule of the Department
15
of Agriculture.
16

(r) Cannabis business entities shall adhere to the
17
traceability and consumer protection guidelines established by
18
the Department of Agriculture when utilizing the cannabis
19
plant monitoring system or cannabis transport GPS tracking
20
system.
21
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
22
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
23
5-13-22.)

24

(410 ILCS 705/35-25)
25

Sec. 35-25.
Infuser organization requirements;

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LRB104 10060 HLH 20131 b
1
prohibitions.
2

(a) The operating documents of an infuser shall include
3
procedures for the oversight of the infuser, an inventory
4
monitoring system including a physical inventory recorded
5
weekly, accurate recordkeeping, and a staffing plan.
6

(b) An infuser shall implement a security plan reviewed by
7
the Illinois State Police that includes, but is not limited
8
to: facility access controls, perimeter intrusion detection
9
systems, personnel identification systems, and a 24-hour
10
surveillance system to monitor the interior and exterior of
11
the infuser facility and that is accessible to authorized law
12
enforcement, the Department of Public Health, and the
13
Department of Agriculture in real time.
14

(c) All processing of cannabis by an infuser must take
15
place in an enclosed, locked facility at the physical address
16
provided to the Department of Agriculture during the licensing
17
process. The infuser location shall only be accessed by the
18
agents working for the infuser, the Department of Agriculture
19
staff performing inspections, the Department of Public Health
20
staff performing inspections, State and local law enforcement
21
or other emergency personnel, contractors working on jobs
22
unrelated to cannabis, such as installing or maintaining
23
security devices or performing electrical wiring, transporting
24
organization agents as provided in this Act, participants in
25
the incubator program, individuals in a mentoring or
26
educational program approved by the State, local safety or

HB2384
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1
health inspectors, or other individuals as provided by rule.
2
However, if an infuser shares a premises with a craft grower or
3
dispensing organization, agents from these other licensees may
4
access the infuser portion of the premises if that is the
5
location of common bathrooms, lunchrooms, locker rooms, or
6
other areas of the building where processing of cannabis is
7
not performed. At no time may a craft grower or dispensing
8
organization agent perform work at an infuser without being a
9
registered agent of the infuser.
10

(d) An infuser may not sell or distribute any cannabis to
11
any person other than a dispensing organization, or as
12
otherwise authorized by rule.
13

(e) An infuser may not either directly or indirectly
14
discriminate in price between different cannabis business
15
establishments that are purchasing a like grade, strain,
16
brand, and quality of cannabis or cannabis-infused product.
17
Nothing in this subsection (e) prevents an infuser from
18
pricing cannabis differently based on differences in the cost
19
of manufacturing or processing, the quantities sold, such
20
volume discounts, or the way the products are delivered.
21

(f) All cannabis infused by an infuser and intended for
22
distribution to a dispensing organization must be entered into
23
a data collection system, packaged and labeled under Section
24
55-21, and, if distribution is to a dispensing organization
25
that does not share a premises with the infuser, placed into a
26
cannabis container for transport. All cannabis produced by an

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1
infuser and intended for distribution to a cultivation center,
2
infuser organization, or craft grower with which it does not
3
share a premises, must be packaged in a labeled cannabis
4
container and entered into a data collection system before
5
transport.
6

(g) Infusers are subject to random inspections by the
7
Department of Agriculture, the Department of Public Health,
8
the Illinois State Police, local law enforcement, or as
9
provided by rule.
10

(h) An infuser agent shall notify local law enforcement,
11
the Illinois State Police, and the Department of Agriculture
12
within 24 hours of the discovery of any loss or theft.
13
Notification shall be made by phone, in person, or by written
14
or electronic communication.
15

(i) An infuser organization may not be located in an area
16
zoned for residential use.
17

(j) An infuser or infuser agent shall not transport
18
cannabis or cannabis-infused products to any other cannabis
19
business establishment without a transport organization
20
license unless:
21

(i) If the infuser is located in a county with a
22

population of 3,000,000 or more, the cannabis business
23

establishment receiving the cannabis or cannabis-infused
24

product is within 2,000 feet of the property line of the
25

infuser;
26

(ii) If the infuser is located in a county with a

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1

population of more than 700,000 but fewer than 3,000,000,
2

the cannabis business establishment receiving the cannabis
3

or cannabis-infused product is within 2 miles of the
4

infuser; or
5

(iii) If the infuser is located in a county with a
6

population of fewer than 700,000, the cannabis business
7

establishment receiving the cannabis or cannabis-infused
8

product is within 15 miles of the infuser.
9

(k) An infuser may enter into a contract with a
10
transporting organization to transport cannabis to
a
11
consolidated transport center, a different transporting
12
organization at a consolidated transport center,
a dispensing
13
organization
,
or a laboratory.
All products received and
14
shipped to and from a consolidated transport center shall be
15
tracked within the cannabis plant monitoring system.
16

(l) An infuser organization may share premises with a
17
craft grower or a dispensing organization, or both, provided
18
each licensee stores currency and cannabis or cannabis-infused
19
products in a separate secured vault to which the other
20
licensee does not have access or all licensees sharing a vault
21
share more than 50% of the same ownership.
22

(m) It is unlawful for any person or entity having an
23
infuser organization license or any officer, associate,
24
member, representative or agent of such licensee to offer or
25
deliver money, or anything else of value, directly or
26
indirectly to any person having an Early Approval Adult Use

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1
Dispensing Organization License, a Conditional Adult Use
2
Dispensing Organization License, an Adult Use Dispensing
3
Organization License, or a medical cannabis dispensing
4
organization license issued under the Compassionate Use of
5
Medical Cannabis Program Act, or to any person connected with
6
or in any way representing, or to any member of the family of,
7
such person holding an Early Approval Adult Use Dispensing
8
Organization License, a Conditional Adult Use Dispensing
9
Organization License, an Adult Use Dispensing Organization
10
License, or a medical cannabis dispensing organization license
11
issued under the Compassionate Use of Medical Cannabis Program
12
Act, or to any stockholders in any corporation engaged the
13
retail sales of cannabis, or to any officer, manager, agent,
14
or representative of the Early Approval Adult Use Dispensing
15
Organization License, a Conditional Adult Use Dispensing
16
Organization License, an Adult Use Dispensing Organization
17
License, or a medical cannabis dispensing organization license
18
issued under the Compassionate Use of Medical Cannabis Program
19
Act to obtain preferential placement within the dispensing
20
organization, including, without limitation, on shelves and in
21
display cases where purchasers can view products, or on the
22
dispensing organization's website.
23

(n) At no time shall an infuser organization or an infuser
24
agent perform the extraction of cannabis concentrate from
25
cannabis flower.
26

(o) Cannabis business entities shall adhere to the

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1
traceability and consumer protection guidelines established by
2
the Department of Agriculture when utilizing the cannabis
3
plant monitoring system or cannabis transport GPS tracking
4
system.
5
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
6
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
7
5-13-22.)

8

(410 ILCS 705/40-5)
9

Sec. 40-5.
Issuance of licenses.
10

(a) The Department shall issue transporting licenses
11
through a process provided for in this Article no later than
12
July 1, 2020.
Entities awarded a license under this Section
13
may defer paying the associated license fee for a period of no
14
more than 3 years.

15

(b) The Department shall make the application for
16
transporting organization licenses available on January 7,
17
2020 and shall receive such applications no later than March
18
15, 2020.
19

(c) Entities awarded a license under this Article shall
20
not be required to pay any fee required under Section 40-10 of
21
this Article, the nonrefundable renewal fee required under
22
Section 40-40 of this Article, or any other license fee
23
required under this Article or by rule from January 1, 2024 to
24
January 1, 2027.
25

(d) From January 1, 2023 through January 1, 2027, the

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1
Department shall not make the application available for
2
transporting organization licenses.
3

(e) Upon completion of the disparity and availability
4
study published by the Illinois Cannabis Regulation Oversight
5
Officer under subsection (e) of Section 5-45, the Department
6
may modify or change the licensing application process to
7
reduce or eliminate barriers and remedy discrimination
8
identified in the study. Beginning January 1, 2027, the
9
Department of Agriculture shall make the applications
10
available on every January 7 thereafter or, if that date falls
11
on a weekend or holiday, the business day immediately
12
succeeding the weekend or holiday and shall receive the
13
applications no later than March 15 or the succeeding business
14
day thereafter.
15
(Source: P.A. 103-578, eff. 12-8-23.)

16

(410 ILCS 705/40-25)
17

Sec. 40-25.
Transporting organization requirements;
18
prohibitions.
19

(a) The operating documents of a transporting organization
20
shall include procedures for the oversight of the transporter,
21
an inventory monitoring system including a physical inventory
22
recorded weekly, accurate recordkeeping, and a staffing plan.
23

(b) A transporting organization may not transport cannabis
24
or cannabis-infused products to any person other than a
25
cultivation center, a craft grower, an infuser organization, a

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1
dispensing organization, a testing facility,
a consolidated
2
transport center,
or as otherwise authorized by rule.
3

(c) All cannabis transported by a transporting
4
organization must be entered into a data collection system and
5
placed into a cannabis container for transport.
6

(d) Transporters are subject to random inspections by the
7
Department of Agriculture, the Department of Public Health,
8
the Illinois State Police, or as provided by rule.
9

(e) A transporting organization agent shall notify local
10
law enforcement, the Illinois State Police, and the Department
11
of Agriculture within 24 hours of the discovery of any loss or
12
theft. Notification shall be made by phone, in person, or by
13
written or electronic communication.
14

(f) No person under the age of 21 years shall be in a
15
commercial vehicle or trailer transporting cannabis goods.
16

(g) No person or individual who is not a transporting
17
organization agent shall be in a vehicle while transporting
18
cannabis goods.
19

(h) Transporters may not use commercial motor vehicles
20
with a weight rating of over 10,001 pounds.
21

(i) It is unlawful for any person to offer or deliver
22
money, or anything else of value, directly or indirectly, to
23
any of the following persons to obtain preferential placement
24
within the dispensing organization, including, without
25
limitation, on shelves and in display cases where purchasers
26
can view products, or on the dispensing organization's

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1
website:
2

(1) a person having a transporting organization
3

license, or any officer, associate, member,
4

representative, or agent of the licensee;
5

(2) a person having an Early Applicant Adult Use
6

Dispensing Organization License, an Adult Use Dispensing
7

Organization License, or a medical cannabis dispensing
8

organization license issued under the Compassionate Use of
9

Medical Cannabis Program Act;
10

(3) a person connected with or in any way
11

representing, or a member of the family of, a person
12

holding an Early Applicant Adult Use Dispensing
13

Organization License, an Adult Use Dispensing Organization
14

License, or a medical cannabis dispensing organization
15

license issued under the Compassionate Use of Medical
16

Cannabis Program Act; or
17

(4) a stockholder, officer, manager, agent, or
18

representative of a corporation engaged in the retail sale
19

of cannabis, an Early Applicant Adult Use Dispensing
20

Organization License, an Adult Use Dispensing Organization
21

License, or a medical cannabis dispensing organization
22

license issued under the Compassionate Use of Medical
23

Cannabis Program Act.
24

(j) A transporting organization agent must keep his or her
25
identification card visible at all times when on the property
26
of a cannabis business establishment and during the

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LRB104 10060 HLH 20131 b
1
transporting of cannabis when acting under his or her duties
2
as a transportation organization agent. During these times,
3
the transporting organization agent must also provide the
4
identification card upon request of any law enforcement
5
officer engaged in his or her official duties.
6

(k) A copy of the transporting organization's registration
7
and a manifest for the delivery shall be present in any vehicle
8
transporting cannabis.
9

(l) Cannabis shall be transported so it is not visible or
10
recognizable from outside the vehicle.
11

(m) A vehicle transporting cannabis must not bear any
12
markings to indicate the vehicle contains cannabis or bear the
13
name or logo of the cannabis business establishment.
14

(n) Cannabis must be transported in an enclosed, locked
15
storage compartment that is secured or affixed to the vehicle.
16

(o) The Department of Agriculture may, by rule, impose any
17
other requirements or prohibitions on the transportation of
18
cannabis.
19

(p) No person, cannabis business establishment, or entity
20
other than a licensed transportation organization shall
21
transport cannabis or cannabis-infused products on behalf of a
22
cannabis business establishment to or from a consolidated
23
transport center, unless otherwise authorized by rule.
24

(q) Cannabis business entities shall adhere to the
25
traceability and consumer protection guidelines established by
26
the Department of Agriculture when utilizing the cannabis

HB2384
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LRB104 10060 HLH 20131 b
1
plant monitoring system or cannabis transport GPS tracking
2
system.
3
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
4
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
5
5-13-22.)

6

(410 ILCS 705/40-50 new)
7

Sec. 40-50.
Consolidated transport center requirements;
8
prohibitions.
9

(a) The operating documents of a consolidated transport
10
center shall include procedures for the oversight of the
11
consolidated transport center and a cannabis or
12
cannabis-infused products monitoring system, including, a
13
physical inventory recorded weekly, accurate recordkeeping,
14
and a staffing plan that is available to the Department of
15
Revenue, the Department of Agriculture, the Department of
16
Financial and Professional Regulation, and the Illinois State
17
Police.
18

(b) A consolidated transport center shall implement a
19
security plan reviewed by the Illinois State Police that
20
includes, but is not limited to, facility access controls,
21
perimeter intrusion detection systems, personnel
22
identification systems, 24-hour surveillance system to monitor
23
the interior and exterior of the consolidated transport
24
center, and accessibility to authorized law enforcement and
25
the Department of Agriculture in real time.

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1

(c) All consolidating transport center activities by a
2
consolidated transport center must take place in an enclosed,
3
fenced, and locked facility at the physical address provided
4
to the Department of Agriculture during the licensing process.
5
The consolidated transport center location shall only be
6
accessed by the agents working for the consolidated transport
7
center, the Department of Agriculture staff performing
8
inspections, local and State law enforcement or other
9
emergency personnel, contractors working on jobs unrelated to
10
cannabis, such as installing or maintaining security devices
11
or performing electrical wiring, transporting organization
12
agents as provided in this Act, individuals in a mentoring or
13
educational program approved by the State, or other
14
individuals as provided by rule.
15

(d) A consolidated transport center may not distribute any
16
cannabis or cannabis-infused products to any person other than
17
a dispensing organization, craft grower, infuser organization,
18
transporter, consolidated transport center, or as otherwise
19
authorized by rule.
20

(e) All cannabis or cannabis-infused products received by
21
a consolidated transport center for distribution to a cannabis
22
business establishment must be entered into the cannabis plant
23
monitoring system, packaged and labeled under Section 55-21,
24
and placed into a cannabis container for transport.
25

(f) Consolidated transport centers are subject to random
26
inspections by the Department of Agriculture, local safety or

HB2384
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LRB104 10060 HLH 20131 b
1
health inspectors, and the Illinois State Police.
2

(g) A consolidated transport center agent shall notify
3
local law enforcement, the Illinois State Police, and the
4
Department of Agriculture within 24 hours of the discovery of
5
any loss or theft. Notification shall be made by phone, in
6
person, or by written or electronic communication.
7

(h) No person or entity shall hold any legal, equitable,
8
ownership, or beneficial interest, directly or indirectly, of
9
more than 3 consolidated transport center licenses under this
10
Act. Further, no person or entity that is employed by a
11
cannabis business establishment, an agent of a cannabis
12
business establishment, has a contract to receive payment in
13
any form from a cannabis business establishment, is a
14
principal officer of a cannabis business establishment, or is
15
an entity controlled by or affiliated with a principal officer
16
of a cannabis business establishment shall hold any legal,
17
equitable, ownership, or beneficial interest, directly or
18
indirectly, in a cannabis business establishment that would
19
result in the person or entity owning or controlling in
20
combination with any cannabis business establishment,
21
principal officer of a cannabis business establishment, or
22
entity controlled or affiliated with a principal officer of a
23
cannabis business establishment by which he, she, or it is
24
employed, is an agent of, or participates in the management
25
of, more than 3 consolidated transport center licenses.
26

(i) It is unlawful for any person having a consolidated

HB2384
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LRB104 10060 HLH 20131 b
1
transport center license or any officer, associate, member,
2
representative, or agent of such licensee to offer or deliver
3
money, or anything else of value, directly or indirectly to
4
any person having an Early Approval Adult Use Dispensing
5
Organization License, a Conditional Adult Use Dispensing
6
Organization License, an Adult Use Dispensing Organization
7
License, or a medical cannabis dispensing organization license
8
issued under the Compassionate Use of Medical Cannabis Program
9
Act, or to any person connected with or in any way
10
representing, or to any member of the family of, such person
11
holding an Early Approval Adult Use Dispensing Organization
12
License, a Conditional Adult Use Dispensing Organization
13
License, an Adult Use Dispensing Organization License, or a
14
medical cannabis dispensing organization license issued under
15
the Compassionate Use of Medical Cannabis Program Act, or to
16
any stockholders in any corporation engaged in the retail sale
17
of cannabis, or to any officer, manager, agent, or
18
representative of the Early Approval Adult Use Dispensing
19
Organization License, a Conditional Adult Use Dispensing
20
Organization License, an Adult Use Dispensing Organization
21
License, or a medical cannabis dispensing organization license
22
issued under the Compassionate Use of Medical Cannabis Program
23
Act to obtain preferential placement within the dispensing
24
organization, including, without limitation, on shelves and in
25
display cases where purchasers can view products, or on the
26
dispensing organization's website.

HB2384
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LRB104 10060 HLH 20131 b
1

(j) A consolidated transport center must comply with the
2
application process, mandatory fees, compliance requirements,
3
and prohibitions set by administrative rules of the Department
4
of Agriculture.
5

(k) All fees and fines collected under this Section shall
6
be deposited into the Cannabis Regulation Fund, unless
7
otherwise specified by rule by the Department of Agriculture.
8

(l) A consolidated transport center may not transfer an
9
ownership interest in a license without prior Department
10
approval. Such approval may be withheld if the person or
11
entity to whom the license is being transferred does not meet
12
the definition of independent social equity transporting
13
organization under this Act.

14

Section 99.
Effective date.
This Act takes effect upon
15
becoming law.

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