reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1100 - INDUSTRIAL HEMP PILOT PROGRAM › Section 1100.50 - Department Decision on Application for Registration

Current through Register Vol. 48, No. 28, July 12, 2024
a) In deciding whether to grant a
			 registration, the Department may consider:
1)
			 Whether the proposed research project studies the cultivation or marketing of
			 industrial hemp;
2) The feasibility
			 of the proposed research project;
3) The feasibility and adequacy of the
			 security plan;
4) Prior violations
			 of this Part or the Act by the institution of higher education or the Agent in
			 Charge; and
5) Whether the proposed
			 research project would comply with local, Illinois and federal law specifically
			 including Section 7606 of the Agricultural Act of 2014.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1100 - INDUSTRIAL HEMP PILOT PROGRAM › Section 1100.60 - Amending Registration

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 institution of higher education may apply in writing to the Department for an
			 extension of the term of the registration by setting forth the need and reasons
			 for the extension no more than 60 days prior to the original expiration of the
			 term.
b) An institution of higher
			 education may apply in writing to the Department for an amendment to any other
			 provision of the registration by setting forth the need and reasons for the
			 amendment.
c) In deciding whether
			 to approve an extension or amendment, the Department shall consider the factors
			 listed in Section
			 1100.50.
d) An institution of higher education shall
			 not implement any amendment unless and until written approval has been received
			 from the Department.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1100 - INDUSTRIAL HEMP PILOT PROGRAM › Section 1100.70 - Notice to Local Law Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
An institution of higher education registered by the Department
				to cultivate industrial hemp shall notify local law enforcement in writing at
				least 10 days prior to commencement of that cultivation.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1100 - INDUSTRIAL HEMP PILOT PROGRAM › Section 1100.80 - Recordkeeping

Current through Register Vol. 48, No. 28, July 12, 2024
a) A registered
			 institution of higher education shall create, maintain and make available
			 accurate records, in a form and at a location satisfactory to the Department,
			 that set forth, for the reporting period required by Section
			 1100.90, the
			 following information:
1) the name of the
			 cultivars cultivated and the volume of each cultivar purchased, acquired and/or
			 used; and
2) the volume of
			 industrial hemp:
A) cultivated;
B) harvested; and
C) disposed of, along with the date, location
			 and method of each disposal, if any.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1100 - INDUSTRIAL HEMP PILOT PROGRAM › Section 1100.90 - Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) A registered
			 institution of higher education shall provide quarterly reports to the
			 Department detailing research results related to the issues and matters set
			 forth in its Application for Registration as provided in the following chart:
Reporting Period
Due Date
July 1-September 30
October 15
October 1-December 31
January 15
January 1-March 31
April 15
April 1-June 30
July 15
b) A
			 registered institution of higher education shall also provide an annual report
			 for the period July 1 through June 30 to the Department by October 1 of each
			 year.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1100 - INDUSTRIAL HEMP PILOT PROGRAM › Section 1100.100 - Inspections and Violations

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 institution of higher education registered to cultivate industrial hemp under
			 this Part shall be subject to random inspections by the Department, the
			 Illinois State Police, and local law enforcement agencies.
b) The Department may revoke a registration
			 for any violation of the provisions of the registration, this Part, or any
			 federal, State or local law. Revocation of the registration is a final
			 administrative decision and reviewable under the Administrative Review
			 Law.
c) An institution of higher
			 education shall comply with all Illinois and federal law, specifically
			 including any permits required by the United States Drug Enforcement
			 Administration.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1200 - INDUSTRIAL HEMP ACT › Section 1200.20 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
			 person shall cultivate industrial hemp in the State without first receiving an
			 Industrial Hemp Cultivation License from the Department.
b) No person shall process or handle
			 industrial hemp in the State without first receiving a processor/handler
			 registration from the Department.
c) All licensees in the State must provide
			 reports as outlined in Section
			 1200.40(a) and
			 (b).
d) Licensed industrial hemp cultivators are
			 solely responsible for procuring seeds, clones, transplants or propagules for
			 planting.
e) All seeds, clones,
			 transplants and propagules used to cultivate industrial hemp in Illinois shall
			 be certified under the Association of Official Seed Certifying Agencies (AOSCA)
			 standards and guidelines for industrial hemp or shall be accompanied by a
			 certificate of analysis from an accredited certified laboratory from a state
			 with a regulated industrial hemp program that certifies the industrial hemp
			 grown will not contain in excess of 0.3 % THC.
f) No land area may contain cannabis plants
			 or parts of cannabis plants that the licensee knows or has reason to know are
			 of a variety that will produce a plant that, when tested, will produce more
			 than 0.3% THC concentration on a dry weight basis. No licensee shall use any
			 such variety for any purpose associated with the cultivation of industrial
			 hemp.
g) The minimum land area for
			 industrial hemp cultivation shall be a contiguous land area of one quarter of
			 an acre for outdoor cultivation and 500 square feet for indoor
			 cultivation.
h) Licensee
			 information may be shared with law enforcement without notice to the
			 licensee.
i) Any violations of the
			 Act, this Part, or any Illinois or Federal Criminal Code may subject the
			 licensee or registrant to administrative penalties as set forth in Sections
			 1200.120
			 and
			 1200.130
			 and may also subject the licensee or registrant to criminal
			 prosecution.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1200 - INDUSTRIAL HEMP ACT › Section 1200.30 - Application and Licensure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
			 applicant for an industrial hemp cultivation license shall submit a signed,
			 complete, accurate and legible application form provided by the Department. The
			 applicant shall provide the following:
1) The
			 name and address of the person or entity applying for the cultivation
			 license;
2) The type of business or
			 organization, such as corporation, LLC, partnership, sole proprietor,
			 etc.;
3) Business name and address,
			 if different than the ones submitted in response to subsection
			 (a)(1);
4) The legal description of
			 the land area, including Global Positioning System coordinates of each
			 contiguous land area, to be used to cultivate industrial hemp;
5) A map of the land area on which the
			 applicant plans to grow industrial hemp, showing the boundaries and dimensions
			 of the growing area in acres or square feet;
6) The applicable fee prescribed by Section
			 1200.80;
			 and
7) The varieties of industrial
			 hemp that are intended for cultivation.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1200 - INDUSTRIAL HEMP ACT › Section 1200.40 - Reports

Current through Register Vol. 48, No. 28, July 12, 2024
a) At least 30 days
			 prior to harvest, to the best of the licensee's ability, each licensee shall
			 file a Harvest Report, on a form provided by the Department, that includes:
1) The expected harvest dates and locations
			 of each variety of industrial hemp cultivated by the licensee.
2) The licensee shall notify the Department
			 if the harvest dates change in excess of 5 days.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1200 - INDUSTRIAL HEMP ACT › Section 1200.50 - Inspection and Sampling

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 licensees shall be subject to inspections at the discretion of the Department
			 to ensure compliance with the Act.
b) The Department shall provide a minimum of
			 5 business days' notice to the licensee of the inspection. The notification
			 shall inform the licensee of the scope and process by which the inspection will
			 be conducted.
c) Failure to comply
			 with a properly noticed inspection shall result in the initiation of
			 disciplinary proceedings pursuant to Section
			 1200.100.
d) Either the licensee or an agent of the
			 licensee shall be present for the inspection and sampling and shall provide the
			 inspector with unrestricted access to all industrial hemp plants, parts, seeds,
			 and harvested material, including all buildings and other structures used for
			 the cultivation and storage of industrial hemp and all documents pertaining to
			 the licensee's industrial hemp cultivation and business.
e) All industrial hemp plants are subject to
			 sampling and testing to verify that the delta-9 THC concentration does not
			 exceed 0.3 % on a dry weight basis.
1)
			 Individual or composite samples of each variety of cannabis may be sampled from
			 the licensee's land area, including indoor cultivation sites, at the
			 Department's discretion.
2) A
			 representative sample will be taken by Department personnel or approved
			 laboratory personnel.
3) The
			 sampled material shall be tested by an approved laboratory.
4) Quantitative laboratory determination of
			 the delta-9 THC concentration on a dry weight basis will be
			 performed.
5) A sample test result
			 with a delta-9 THC concentration on a dry weight basis that exceeds 0.3% but is
			 less than 0.7 % may be retested at the expense of the licensee. A request for a
			 retest by the licensee must be received by the Department within 3 days after
			 initial receipt of the original test results by the licensee.
6) All harvested industrial hemp receiving a
			 sample test result with a delta-9 THC concentration on a dry weight basis that
			 exceeds 0.3% and is not retested at the request of the licensee shall be
			 destroyed.
7) All harvested
			 industrial hemp receiving both a sample test result and a sample retest result
			 with delta-9 THC concentrations on a dry weight basis that exceeds 0.3% shall
			 be destroyed.
8) All harvested
			 industrial hemp receiving a sample test result with a delta-9 THC concentration
			 on a dry weight basis that equals or exceeds 0.7% shall be destroyed.
9) All harvested industrial hemp awaiting
			 test results shall be stored by the licensee or processor and shall not be
			 processed or transported until test results are obtained and the industrial
			 hemp is released by the Department.
10) Testing of industrial hemp will be
			 completed by the Department or by a third-party laboratory approved by the
			 Department pursuant to this Part.
11) Actual cost of testing shall be paid by
			 the licensee.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1200 - INDUSTRIAL HEMP ACT › Section 1200.60 - Laboratory Approval

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
			 laboratory shall handle, test or analyze hemp unless approved by the Department
			 in accordance with this Section. A list of approved laboratories will be made
			 available by the Department on its website.
b) No laboratory shall be approved to handle,
			 test or analyze cannabis unless the laboratory:
1) Is accredited to the ISO/IEX 17025
			 standard by a private non-profit laboratory accrediting organization;
2) Is independent from all other persons
			 involved in the hemp industry in Illinois, which shall mean that no person with
			 a direct or indirect interest in the laboratory shall have a direct or indirect
			 financial, management, or other interest in a cultivation license or processor
			 registration;
3) Has employed at
			 least one person to oversee and be responsible for the laboratory testing who
			 has earned, from a college or university accredited by a national or regional
			 certifying authority, at least:
A) a master's
			 level degree in chemical or biological sciences and a minimum of 2 years
			 post-degree laboratory experience; or
B) a bachelor's degree in biological sciences
			 and a minimum of 4 years post-degree laboratory experience.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1200 - INDUSTRIAL HEMP ACT › Section 1200.70 - Testing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Industrial hemp sampled for testing may be transported to the approved
			 laboratory by the Director, or one of his or her designees, or by approved
			 laboratory personnel.
b) The
			 industrial hemp shall be tested using post-decarboxylation, or other similarly
			 reliable methods, to detect delta-9 concentration levels of the sampled
			 hemp.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1200 - INDUSTRIAL HEMP ACT › Section 1200.80 - Fees

Current through Register Vol. 48, No. 28, July 12, 2024
An applicant or licensee shall submit the following
				nonrefundable fees with each license application submitted, in the form of a
				certified check or money order payable to the "Illinois Department of
				Agriculture", or by such other means as approved by the Department.
a) The application fee for an Industrial Hemp
			 Cultivation License shall be $100 for each noncontiguous land area and each
			 indoor cultivation operation area.
b) Upon approval of an application, the
			 license fee for each noncontiguous land area and each indoor cultivation
			 operation shall be $1000 for a 3 year license; $700 for a 2 year license; and
			 $375 for a 1 year license.
c) The
			 application fee for a processor registration shall be $100 for each address
			 operated by the processor.
d) Upon
			 approval of an application for registration, the registration fee for each
			 registered address operated by a processor shall be $1000 for a 3 year
			 registration; $700 for a 2 year registration; and $375 for a 1 year
			 registration.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1200 - INDUSTRIAL HEMP ACT › Section 1200.90 - Restrictions on Sale and Transfer

Current through Register Vol. 48, No. 28, July 12, 2024
a) A licensed person shall not sell or
			 transfer, or permit the sale or transfer of, living plants or viable seeds to
			 any person in the State of Illinois who does not hold a license or registration
			 issued by the Department.
b) A
			 licensed person shall not sell or transfer, or permit the sale or transfer of,
			 living plants or viable seeds outside the State of Illinois that is not
			 authorized by a state agency under the laws of the destination state.
c) The Department shall permit the sale or
			 transfer of stripped stalks, fiber, dried roots, nonviable seeds, seed oils,
			 floral and plant extracts (excluding THC in excess of 0.3 %) and other
			 marketable hemp products to members of the general public, both within and
			 outside the State of Illinois.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1200 - INDUSTRIAL HEMP ACT › Section 1200.100 - Other Prohibited Activities

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 licensed person shall not plant or grow hemp on any site not listed in the
			 application.
b) A licensed person
			 shall not ship or transport, or allow to be shipped or transported, live hemp
			 plants, cuttings for planting, or viable seeds from a variety that is currently
			 designated by the Department as a prohibited variety or a variety of concern to
			 any location outside the State of Illinois.
c) A licensed person shall not ship or
			 transport, or allow to be shipped or transported, any hemp product with a
			 delta-9 THC concentration in excess of 0.3 %.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1200 - INDUSTRIAL HEMP ACT › Section 1200.110 - Transportation of Industrial Hemp

Current through Register Vol. 48, No. 28, July 12, 2024
a) Only a licensed or registered person, or
			 an agent thereof, may not transport live or harvested industrial
			 hemp.
b) Industrial hemp that has
			 not been processed may be transferred by the licensee or registrant from the
			 place of cultivation to the place of processing at any time.
c) Approved laboratory personnel may
			 transport hemp samples for testing to laboratories for testing
			 purposes.
d) There is no State
			 restriction on the transportation of industrial hemp product following retail
			 sale to a member of the public.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1200 - INDUSTRIAL HEMP ACT › Section 1200.120 - Violations

Current through Register Vol. 48, No. 28, July 12, 2024
a) A licensee shall
			 be subject to subsection (b) if the Department determines that the licensee has
			 negligently violated the Act or this Part, including by negligently:
1) Failing to provide a legal description of
			 land on which the licensee produces hemp;
2) Failing to obtain a license; or
3) Producing Cannabis sativa L. with a
			 delta-9 THC concentration of more than 0.3 % on a dry weight basis.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1200 - INDUSTRIAL HEMP ACT › Section 1200.130 - Administrative Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
			 hearing conducted by the Department pursuant to the Act shall be conducted in
			 accordance with the Department's rules applicable to formal administrative
			 proceedings (8 Ill. Adm. Code 1.Subparts A and B). All such hearings shall be
			 held in Springfield IL or such other location as mutually agreed to by the
			 Department and the other party.
b)
			 Notwithstanding any other criminal penalties related to the unlawful possession
			 of cannabis, the Department may revoke, suspend, place on probation or
			 supervision, reprimand, issue cease and desist orders, refuse to issue or renew
			 a license or registration, or take any other disciplinary or nondisciplinary
			 action as the Department may deem proper with regard to a licensed or
			 registered entity or person.
c) The
			 Department may impose fines, not to exceed $10,000 for each violation, for any
			 violations of the Act or this Part.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart A - GENERAL PROVISIONS › Section 1300.20 - Referenced Materials

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				following federal statutes and regulations are referenced in this Part:
1) Federal Statutes
A) Fair Packaging and Labeling Act
				(15 USC
				1451 et seq.)
B) Federal Food, Drug, and Cosmetic Act
				(21
				USC 301 et seq.)
C) Federal Insecticide, Fungicide, and
				Rodenticide Act (FIFRA) (7 USC 136)
D) National Labor Relations Act
				(29 USC
				151 through
				169)
E) Poison Prevention Packaging Act of 1970
				(15
				USC 1471 et seq.)
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart A - GENERAL PROVISIONS › Section 1300.30 - Scope and Application

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The Department of Agriculture shall administer and enforce provisions
				of
the
Act relating to the oversight and registration of
				cultivation centers, craft growers,
infusers
, transporters,
				and agents, including the issuance of identification cards and establishing
				limits on potency or serving size for cannabis or cannabis products.
[410 ILCS
				705/5-10]
b) A cultivation center shall be in
				compliance with all of this Part prior to the commencement of operational
				activities and/or storage of cannabis.
c) Pursuant to the Act, this Part shall apply
				to applicants for and holders of a cannabis business establishment
				license.
d) Authorized On-Premises
				Storage. A cultivation center is authorized to store cannabis and
				cannabis-infused products inventory on the licensed premises. All inventory
				stored on the licensed premises must be secured in a limited access area and
				tracked using the inventory and security requirements of this Part.
e) Packaging and Labeling Standards Required.
				A cultivation center is prohibited from selling cannabis that is not packaged
				and labeled in accordance with Subpart J.
f) Sale to Consumer Prohibited. A cultivation
				center is prohibited from selling cannabis or any cannabis-infused product
				directly to a consumer.
g)
				Consumption Prohibited. A cultivation center shall not permit the consumption
				of cannabis or cannabis-infused products on its licensed premises.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart A - GENERAL PROVISIONS › Section 1300.40 - Operation of a Cannabis Business Establishment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Only a cannabis business establishment
				that has been issued a license by the Department under the Act and this Part
				shall own or operate a cultivation center, craft grower, infuser, or
				transporter.
b) A cannabis business
				establishment, including each principal officer, board member, agent and
				employee, shall not:
1) Produce, manufacture,
				or store cannabis in any place except in those areas designated in the
				license;
2) Produce, manufacture,
				or store cannabis for use outside of Illinois;
3) Sell, deliver, transport or distribute
				cannabis to any person or entity other than a cannabis business organization
				licensed by the Department, a dispensing organization registered with DFPR, a
				testing laboratory approved by the Department, or a State regulatory entity or
				law enforcement;
4) Enter into an
				exclusive agreement with any other cannabis business establishment;
5) Refuse to conduct business with any other
				cannabis business establishment that has the financial ability to pay for
				products or services, except when prohibited by law;
6) Either directly or indirectly discriminate
				in price among different cannabis business establishments. Nothing in this
				subsection (b)(7) prevents pricing cannabis differently based on differences in
				the cost of production, the quantities sold (such as volume discounts), the way
				the products are delivered, or delivery costs relative to distance
				travelled.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart B - ADULT USE CULTIVATION CENTERS › Section 1300.102 - Application for Conditional Adult Use Cultivation Center License

Current through Register Vol. 48, No. 28, July 12, 2024
a) A Conditional
				Adult Use Cultivation Center License (CAUCCL) shall be obtained for each
				facility prior to commencement of any production activities. The license shall,
				along with any other certificate, business license, or other authorization
				required to conduct production activities, be posted in a conspicuous place
				within the facility.
b) The
				Department will accept applications for CAUCCLs for 14 calendar days after the
				date indicated on the Department's website as the commencement date for
				accepting applications.
1) Submissions shall
				be considered as submitted on the date on which they are postmarked or, if
				delivered in person during regular business hours, on the date on which they
				are so delivered or, if sent electronically, on the date received by the
				Department if received on or before 5 p.m. Central Time. If received
				electronically after 5 p.m., they will be considered received on the next
				business day.
2) Submissions
				received after the 14-day period, or by a means other than required in this
				subsection (b), shall be returned to the applicant.
3) Notification of the availability of
				applications, instructions for completion and submission of applications, and
				application forms will be posted on the Department's website at
www.agr.state.il.us/
. Application
				forms will be made available online at that website.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart B - ADULT USE CULTIVATION CENTERS › Section 1300.103 - Financial Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
				applying for a Conditional Adult Use Cultivation Center License, the applicant
				shall disclose all relevant financial information to the Department. The
				applicant shall have a continuing duty to disclose promptly any material
				changes in the financial information provided to the Department. If an
				applicant is issued an Adult Use Cultivation Center License, this duty of
				ongoing disclosure shall continue throughout the licensed period. These
				disclosures shall include:
1) The ownership
				structure of the cultivation center;
2) A current organizational chart that
				includes position descriptions and the names and resumes of persons holding
				each position, to the extent those positions have been filled. To the extent
				not revealed by the resume, include additional pages with each resume setting
				out the employee's particular skills, education, experience or significant
				accomplishments that are relevant to owning or operating a cultivation
				center;
3) Documents such as the
				articles of incorporation, articles of association, charter, by-laws,
				partnership agreement, agreements between any 2 or more members of the
				applicant that relate in any manner to the assets, property or profit of the
				applicant, or any other comparable documents that set forth the legal structure
				of the applicant or relate to the organization, management or control of the
				applicant;
4) A copy of all
				compensation agreements with directors, owners, officers and growers;
5) The nature, type, terms, covenants and
				priorities of all outstanding bonds, loans, mortgages, trust deeds, pledges,
				lines of credit, notes, debentures or other forms of indebtedness issued or
				executed, or to be issued or executed, in connection with opening or operating
				the proposed cultivation center; and
6) Audited financial statements for the
				previous fiscal year, which shall include, but are not limited to, an income
				statement, balance sheet, statement of retained earnings or owners' equity,
				statement of cash flows, and all notes to these statements and related
				financial schedules, prepared in accordance with generally accepted accounting
				principles, along with the accompanying independent auditor's report. If the
				applicant was formed within the year preceding the application for license,
				provide certified financial statements for the period of time the applicant has
				been in existence and any pro forma financials used for business planning
				purposes.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart B - ADULT USE CULTIVATION CENTERS › Section 1300.105 - License Selection Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) The license selection criteria for the
				Conditional Adult Use Cultivation Center License shall include the following,
				with each criterion accounting for up to the indicated maximum number of the
				total points available for each criteria, out of a 1,000 total points ("bonus"
				points are an additional 15 points):
1)
				Suitability of the Proposed Facility (75 points):
A) Measure 1 (25 points): The applicant
				demonstrates that the proposed facility is suitable for effective and safe
				cultivation of cannabis, sufficient in size, power allocation, air exchange and
				air flow, interior layout and lighting, and sufficient both in the interior and
				exterior to handle the bulk agricultural production of cannabis,
				cannabis-infused products, product handling, storage, trimming, packaging,
				loading and shipping. The loading/unloading of cannabis in the transport motor
				vehicle for shipping shall be in an enclosed, secure area out of public
				sight.
B) Measure 2 (25 points):
				The applicant demonstrates the capacity to meet consumer demand by operating
				the cultivation center in a safe and efficient manner with minimal impact on
				the environment and the surrounding community.
C) Measure 3 (25 points): The applicant
				provides an Operations and Management Practices Plan that demonstrates
				compliance with this Part and the Act.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart B - ADULT USE CULTIVATION CENTERS › Section 1300.110 - License Denial and Prohibitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) An application for a CAUCCL or an Adult
				Use Cultivation Center License must be denied if any of the following
				conditions are met:
1)
The applicant
				failed to submit the materials required by Article 20 of the
				Act;
2)
The
				applicant would not be in compliance with local zoning
				rules;
3)
One or
				more of the prospective principal officers or board members causes a violation
				of Section 20-30 of the Act;
4)
One or more of the principal
				officers or board members is under 21 years of age;
5)
The person has submitted an
				application for a license under the Act that contains false
				information;
6)
The licensee, principal officer, board member or person having a
				financial or voting interest of 5% or greater, or the agent of one of these
				entities, is delinquent in filing any required tax returns or paying any
				amounts owed to the State of Illinois;
[410
				ILCS 705/20-25]
7) A principal officer or board member of the
				cultivation center has failed a background check required by Section 5-20 of
				the Act;
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart B - ADULT USE CULTIVATION CENTERS › Section 1300.115 - License Award, Issuance and Transferability

Current through Register Vol. 48, No. 28, July 12, 2024
a) License Issuance - Conditional Adult Use
				Cultivation Center License
Top-scoring applicants will be awarded a CAUCCL.
A
				  cultivation center that is awarded a CAUCCL pursuant to the criteria set forth
				  in
Section 1300.105
shall not grow, purchase, possess, or sell
				  cannabis or cannabis-infused products until the person has received an Adult
				  Use Cultivation Center License issued by the Department.
[410
				  ILCS 705/20-15(e)]
b) License Issuance - Adult Use Cultivation
				Center License
1)
A person or entity
				is only eligible to receive an Adult Use Cultivation Center License if the
				person or entity has first been awarded a CAUCCL.
[410 ILCS
				705/20-21(a)]
2) A cultivation center license shall be
				issued for the specific location identified on the application, and is valid
				only for the owner, premises and name designated on the license and the
				location for which it is issued.
3)
Should the applicant be awarded a cultivation center license, it shall
				pay a fee of $100,000 prior to receiving the license.
[410
				ILCS 705/20-20(d)]
4)
The Department will not issue an
				Adult Use Cultivation Center License until:
A)
The Department has inspected the
				cultivation center site and proposed operations and verified that they are in
				compliance with the Act and local zoning laws;
B)
The CAUCCL holder has paid a
				registration fee of $100,000 or a prorated amount accounting for the difference
				of time between when the Adult Use Cultivation Center License is issued and
				March 31 of the next even-numbered year; and
C)
The CAUCCL holder has met all the
				requirements in the Act and this Part.
[410
				ILCS
				705/20-20(b)]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart B - ADULT USE CULTIVATION CENTERS › Section 1300.120 - License Renewal

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Every cultivation center license shall expire annually on the date it was
				issued.
b) The Department will send
written or electronic
notification of expiration to each
				licensed cultivation center at least
90 days prior to
				expiration
. [410
				ILCS 705/20-10(b) and (c-5)] However,
				failure to receive a renewal form from the Department will not excuse the
				cultivation center from paying the renewal fee or renewing the license prior to
				its expiration.
c)
The
				Department will grant a renewal application within 45 days after submission of
				a renewal application if:
1)
The registered cultivation center submits a renewal application and the
				required renewal fee of $100,000;
2)
The Department has not suspended
				the license of the cultivation center or suspended or revoked the registration
				for violation of the Act or
this Part;
3)
The cultivation center has
				continued to operate in accordance with all plans submitted as part of its
				application and approved by the Department, or any amendments thereto that have
				been approved by the Department;
4)
The cultivation center has
				submitted an agent, employee, contracting, and subcontracting diversity
				report
to the Cannabis Regulation Oversight Officer,
as
				required by the Department; and
5)
The cultivation center has
				submitted an environmental impact report
as required by the Act.
				[410
				ILCS
				705/20-45(a)]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart B - ADULT USE CULTIVATION CENTERS › Section 1300.130 - Modifications and Alterations

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				license shall be amended before the commencement of any modification to the
				facility. This includes any change that modifies the approved license design
				capability of production or process areas, including change of capacity,
				efficiency or processes.
b) Before
				making any modification to a licensed facility, the cultivation center must
				complete an Application for License and Construction Approval and submit the
				application with the appropriate schedules to the Department. The fee for an
				application to make modifications to a cultivation center shall be $5,000. In
				addition, upon approval of the application, the applicant shall pay an
				additional fee of $3,000.
c) An
				amendment to the license shall not be required for alterations at the facility.
				The fee for an application to make an alteration of a cultivation center, other
				than an expansion, shall be $1,000.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart B - ADULT USE CULTIVATION CENTERS › Section 1300.145 - Background Check

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				applications submitted by applicants with criminal convictions shall be subject
				to Sections 2105-131, 2105-135, and 2105-205 of the Department of Professional
				Regulation Law of the Civil Administrative Code of Illinois.
b) ISP shall act as the Department's agent
				for purposes of receiving electronic fingerprints and conducting background
				checks of each cultivation center agent applying for a cultivation center agent
				identification card.
1) ISP will conduct
				background checks for conviction information contained within ISP and FBI
				criminal history databases to the extent allowed by law.
2) For verification of any statutorily
				imposed duty to conduct background checks pursuant to the Act, ISP will
				transmit the results of the background check to the Department and that
				transmittal shall conclude the verification process.
3) The electronic background checks shall be
				submitted as outlined in either the Illinois Uniform Conviction Information Act
				or 20 Ill. Adm. Code
				1265.30 (Electronic
				Transmission of Fingerprint Requirements).
A)
				Manual fingerprints will not be accepted and shall not be scanned and converted
				into an electronic format.
B)
				Fingerprint images of the individual being fingerprinted, and related
				alphanumeric identification data submitted to ISP for the purpose of this
				fingerprint-based background check, shall be submitted
				electronically.
C) Electronic
				transmission of fingerprint data to ISP shall be accomplished utilizing live
				scan procedures or other comparable technology approved for use by
				ISP.
D) If the fingerprints are
				rejected by ISP, the cultivation center agent shall have his or her
				fingerprints collected electronically by a livescan fingerprint vendor a second
				time.
E) In the event of equipment
				malfunction or other special circumstance that make electronic transmission of
				fingerprint data impractical, ISP may allow limited use of paper fingerprint
				records.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart B - ADULT USE CULTIVATION CENTERS › Section 1300.150 - Specifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) Cultivation
				centers shall:
1) Not be located closer than
				1,500 feet to another cultivation center or a craft grower.
2) Not be in violation of any other local
				zoning requirements.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart B - ADULT USE CULTIVATION CENTERS › Section 1300.155 - Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each cultivation
				center shall keep and maintain upon the licensed premises, for a 5-year period,
				true, complete, legible and current books and records, including the following:
1) The date of each sale or distribution to a
				cannabis organization;
2) The name,
				address and registration number of the cannabis organization;
3) The item number, product name
				(description), and quantity of cannabis and cannabis-infused products
				registered by the Department and sold or otherwise distributed to the cannabis
				organization;
4) The price charged
				and the amount received for the cannabis and cannabis-infused products from the
				cannabis organization;
5) If the
				distribution was for a purpose other than sale, the reason for the
				distribution;
6) The quantity and
				form of cannabis maintained at the cultivation center on a daily basis;
				and
7) The amount of plants being
				grown at the cultivation center on a daily basis.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart B - ADULT USE CULTIVATION CENTERS › Section 1300.160 - Signage

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each licensed
				cultivation center must post a sign in a conspicuous location at each entrance
				of the facility that reads: "PERSONS UNDER 21 YEARS OF AGE NOT PERMITTED ON
				THESE PREMISES".
b) Each licensed
				cultivation center must post a sign in a conspicuous location at each entrance
				of the facility that reads: "THESE PREMISES ARE UNDER CONSTANT VIDEO
				SURVEILLANCE".
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart B - ADULT USE CULTIVATION CENTERS › Section 1300.165 - Agents and Identification Cards

Current through Register Vol. 48, No. 28, July 12, 2024
a) The cultivation center agent application
				shall be submitted on forms provided by the Department in accordance with the
				Act and this Part. The application will include instructions for its completion
				and submission. The application will include requests for information in
				support of the application needed by the Department in making its
				determination. If all materials, documentation and information required by the
				Act and this Part are not submitted, the application will be returned to the
				applicant.
b) Each principal
				officer, board member, employee or agent of a registered cultivation center
				must apply to the Department for a cultivation center agent identification card
				(ID card). Along with the application, the applicant shall submit:
1) A copy of the applicant's social security
				card;
2) A copy of the applicant's
				valid driver's license or State issued identification card;
3) A document verifying the applicant's place
				of residency, such as a bank statement, cancelled check, insurance policy, etc.
				The document must contain the applicant's full residence address;
4) Verification from ISP that the applicant's
				background check has been conducted;
5) The application fee of $100; and
6) Any additional information requested by
				the Department.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart B - ADULT USE CULTIVATION CENTERS › Section 1300.170 - Operations - Plant Production

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each facility shall develop and maintain
				an Operations and Management Practices Plan for each production area.
b) Each production area shall maintain an
				open aisle on all sides of each plant group to allow for unobstructed travel,
				observation and inventory of each plant group.
c) Each production area shall be maintained
				free of debris.
d) Biosecurity
				measures shall be implemented and maintained at all times.
e) A record of all crop inputs shall be
				maintained for at least 5 years at the facility. The record shall include the
				following:
1) The date of
				application;
2) The name of the
				individual making the application;
3) The product that was applied;
4) The section, including the square footage,
				that received the application (by group number);
5) The amount of product that was applied;
				and
6) A copy of the label of the
				product applied.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart B - ADULT USE CULTIVATION CENTERS › Section 1300.175 - Operations - Infused or Processed Products

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any area within the cultivation center
				where cannabis will be manufactured into an edible form shall comply with the
				Illinois Food, Drug and Cosmetic Act, Sanitary Food Preparation Act, and Food
				Handling Regulation Enforcement Act.
1) No
				cannabis-infused products requiring refrigeration or hot-holding, or considered
				potentially hazardous food as defined by Section 4 of the Food Handling
				Regulation Enforcement Act, shall be manufactured at a cultivation
				center.
2) Cannabis-infused
				products sold or distributed at a dispensing organization must be prepared by
				an approved staff member of a licensed cultivation center.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart B - ADULT USE CULTIVATION CENTERS › Section 1300.180 - Inventory

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each cultivation
				center, prior to commencing business, shall:
1) Conduct an initial comprehensive inventory
				of all cannabis at the facility. If a cultivation center commences business
				with no cannabis on hand, the cultivation center shall record this fact as the
				initial inventory; and
2) Establish
				ongoing inventory controls and procedures for the conduct of inventory reviews
				and comprehensive inventories of cannabis, which shall enable the cultivation
				center to detect any diversion, theft or loss in a timely
				manner.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart B - ADULT USE CULTIVATION CENTERS › Section 1300.195 - Transportation

Current through Register Vol. 48, No. 28, July 12, 2024
Beginning July 1, 2020, a cultivation center shall
				  not transport cannabis to a craft grower, dispensing organization,
infusers,
or laboratory licensed under the Act, unless it has obtained
				  a Transporter License
. [410 ILCS
				  705/20-30(m)] Transporter Licenses
				  are granted in accordance with Subpart F (Transporters).
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart C - COMMUNITY COLLEGE CANNABIS VOCATIONAL PILOT PROGRAM › Section 1300.200 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The terms that appear in this Subpart have the definitions
				  specified in this Subpart or have the meanings ascribed to those terms in the
				  Act.
"Board" means the Illinois Community College
				  Board.
"Career in Cannabis Certificate" or "Certificate"
				  means the certification awarded to a community college student who completes a
				  prescribed course of study in cannabis and cannabis business industry related
				  classes and curriculum at a community college awarded a Community College
				  Cannabis Vocational Pilot Program license.
"Community college" means a public community college
				  organized under the Public Community College Act.
"Department" means the Department of
				  Agriculture.
"Licensee" means a community college awarded a
				  Community College Cannabis Vocational Pilot Program license under this
				  Article.
"Low-income student" means a full-time student that receives
				  a federal Pell Grant award.
"Program" means the Community College Cannabis
				  Vocational Pilot Program.
"Program license" means a Community College Cannabis
				  Vocational Pilot Program license issued to a community college under Article 25
				  of the Act.
[410 ILCS
				  705/25-1]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart C - COMMUNITY COLLEGE CANNABIS VOCATIONAL PILOT PROGRAM › Section 1300.202 - License Application

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Community College Cannabis Vocational Pilot Program applications shall be
				submitted to the Department no later than July 1, 2020.
1) Submissions shall be considered as
				submitted on the date on which they are postmarked or, if delivered in person
				during regular business hours, on the date on which they are so delivered or,
				if sent electronically, on the date received by the Department if received on
				or before 5 p.m. Central Time. If received electronically after 5 p.m. Central
				Time, they will be considered received on the next business day.
2) Submissions received after July 1, 2020,
				or by a means other than required in this Section, shall be returned to the
				applicant.
3) Notification of the
				availability of applications and instructions for completion and submission of
				applications will be posted on the Department's website at
www.agr.state.il.us/
. Application
				forms will be made available online at that website.