Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart A - GENERAL PROVISIONS › Section 1300.10 - Definitions and Incorporations

Current through Register Vol. 48, No. 28, July 12, 2024
Definitions for this Part can be located in Section 10 of the
				  Cannabis Regulation and Tax Act [410 ILCS 705]. The following definitions shall
				  also apply to this Part:
"Act" means the Cannabis Regulation and Tax Act [410 ILCS
				  705].
"Adult Use Cultivation Center License" means a
				  license issued by the Department of Agriculture that licenses a person to act
				  as a cultivation center under the Act and any administrative rule made in
				  furtherance of the Act.
[410 ILCS
				  705/1-10]
"Advertise" means to engage in promotional activities
				  including, but not limited to: newspaper, radio, Internet and electronic media,
				  and television advertising; the distribution of fliers and circulars; and the
				  display of window and interior signs.
[410 ILCS
				  705/1-10]
"Alarm System" means a device or series of devices intended
				  to summon law enforcement personnel during, or as a result of, an alarm
				  condition. Devices may include hard-wired systems and systems interconnected
				  with a radio frequency method such as cellular or private radio signals that
				  emit or transmit a remote or local audible, visual or electronic signal; motion
				  detectors, pressure switches, duress alarms (a silent system signal generated
				  by the entry of a designated code into the arming station to indicate that the
				  user is disarming under duress); panic alarms (an audible system signal to
				  indicate an emergency situation); and hold-up alarms (a silent system signal to
				  indicate that a robbery is in progress). The Department and law enforcement
				  agencies shall have the ability to access a cultivation center's security alarm
				  system in real-time.
"Alterations" means permanent non-cosmetic changes in
				  activities or processes at a cultivation center, or changes in production,
				  handling or storage of the product mix, that do not modify the functions of
				  facility structures or systems.
"Applicant" means the proposed licensee name as stated on the
				  license application.
"Area Zoned for Residential Use" means an area zoned
				  exclusively for residential use; provided that, in municipalities with a
				  population over 2,000,000 people, an "area zoned for residential use" means an
				  area zoned as a residential district or a residential planned development. An
				  area that allows non-residential uses shall not be considered an area zoned
				  exclusively for residential use.
"Batch" means the established segregation of a group of
				  plants at the time of planting for the control of quantity, traceability and/or
				  strain. A batch number will be assigned at the time of planting for a specified
				  number of plants.
"Batch Number" means a unique numeric or alphanumeric
				  identifier assigned to a batch by a cultivation center when the batch is first
				  planted.
"Biosecurity" means a set of preventative measures designed
				  to reduce the risk of transmission of infectious diseases in crops, quarantined
				  pests, invasive alien species, and living modified organisms.
"Cannabis" means marijuana, hashish, and other
				  substances that are identified as including any parts of the plant Cannabis
				  sativa and including derivatives or subspecies, such as indica, of all strains
				  of cannabis, whether growing or not; the seeds of that plant; the resin
				  extracted from any part of the plant; and any compound, manufacture, salt,
				  derivative, mixture, or preparation of the plant, its seeds, or resin,
				  including tetrahydrocannabinol (THC) and all other naturally produced
				  cannabinol derivatives, whether produced directly or indirectly by extraction;
				  however, "cannabis" does not include the mature stalks of the plant, fiber
				  produced from the stalks, oil or cake made from the seeds of the plant, any
				  other compound, manufacture, salt, derivative, mixture, or preparation of the
				  mature stalks (except the resin extracted from it), fiber, oil or cake, or the
				  sterilized seed of the plant that is incapable of germination. "Cannabis" does
				  not include industrial hemp as defined and authorized under the Industrial Hemp
				  Act. "Cannabis" also means concentrate and cannabis-infused products.
[410 ILCS
				  705/1-10]
"Cannabis Business Establishment" means a cultivation
				  center, craft grower, infuser, dispensing organization, or
transporter. [410 ILCS
				  705/1-10]
"Cannabis Container" means a sealed, traceable
				  container or package used for the purpose of containment of cannabis or
				  cannabis-infused product during transportation.
[410 ILCS
				  705/1-10]
"Cannabis-infused Product" means a beverage, food,
				  oil, ointment, tincture, topical formulation, or another product containing
				  cannabis that is not intended to be smoked.
[410 ILCS
				  705/1-10]
"Cannabis Product" means a product containing medical or
				  adult use cannabis either in a physical form or infused with an extracted
				  resin.
"Cannabis Waste" means all cannabis byproduct, scrap,
				  harvested cannabis, and cannabis-infused products not intended for distribution
				  to a dispensing organization.
"Canopy Space" means the surface area utilized to produce
				  mature plants calculated in square feet and measured using the outside
				  boundaries of any area that includes mature marijuana plants, including all the
				  space within the boundaries. The square footage of canopy space is measured
				  horizontally starting from the outermost point of the furthest mature flowering
				  plant in a designated growing space and continuing around the outside of all
				  mature flowering plants located within the designated growing space. If growing
				  spaces are stacked vertically, each level of space shall be measured and
				  included as part of the total canopy space measurement.
"Community College Cannabis Vocational Training Pilot
				  Program Faculty Participant" means a person who is 21 years of age or older,
				  licensed by the Department of Agriculture, and employed or contracted by an
				  Illinois community college to provide student instruction using cannabis plants
				  at an Illinois Community College.
[410 ILCS
				  705/1-10]
"Conditional Adult Use Cultivation Center
				  License"
or "CAUCCL"
means a license awarded to top-scoring
				  applicants for an Adult Use Cultivation Organization License that reserves the
				  right to an Adult Use Cultivation Center License if the applicant meets certain
				  criteria set forth in this Part.
[410 ILCS
				  705/1-10] A Conditional Adult Use Cultivation Center
				  Licensee or applicant may also be referred to as a "cultivation center".
"Craft Grower" means a facility operated by an
				  organization or business that is licensed by the Department to cultivate, dry,
				  cure, and package cannabis and perform other necessary activities to make
				  cannabis available for sale, at a dispensing organization, or use, at an
				  infuser. A craft grower may contain up to 5,000 square feet of canopy space on
				  its premises for plants in the flowering state. The Department may authorize an
				  increase or decrease of flowering stage cultivation space in increments of
				  3,000 square feet by rule based on market need, craft grower capacity, and the
				  licensee's history of compliance or noncompliance, with a maximum space of
				  14,000 square feet for cultivating plants in the flowering stage, which must be
				  cultivated in all stages of growth in an enclosed and secure area. A craft
				  grower may share premises with an infuser or a dispensing organization, or
				  both, provided each licensee stores currency and cannabis or cannabis-infused
				  products in a separate secured vault to which the other licensee does not have
				  access or all licensees sharing a vault share more than 50% of the same
				  ownership.
[410 ILCS
				  705/1-10]
"Craft Grower Agent" means a principal officer, board
				  member, employee, or other agent of a craft grower who is 21 year of age or
				  older.
[410 ILCS
				  705/1-10]
"Crop Input" means any substance that is used for the
				  production of adult use cannabis. This may include pesticides as defined by the
				  Illinois Pesticide Act or the American Association of Pesticide Control
				  Officials, fertilizers as defined by the Illinois Fertilizer Act of 1961 or the
				  American Association of Plant Food Officials, and soil amendments as defined by
				  the Soil Amendment Act.
"Cultivation Center" means a facility operated by an
				  organization or business that is licensed by the Department to cultivate,
				  process, transport (unless otherwise limited by the Act), and perform other
				  necessary activities to provide cannabis and cannabis-infused products to
				  cannabis business establishments.
[410 ILCS
				  705/1-10]
"Cultivation Center Agent" means a principal officer,
				  board member, employee, or other agent of a cultivation center who is 21 years
				  of age or older.
[410 ILCS
				  705/1-10]
"Department" means the Illinois Department of
				  Agriculture.
"DFPR" means the Illinois Department of Financial and
				  Professional Regulation.
"Director of Agriculture" or "Director" means the Director of
				  the Illinois Department of Agriculture.
"Disproportionately Impacted Area" means a census
				  tract or comparable geographic area that satisfies the following criteria as
				  determined by the Department of Commerce and Economic Opportunity,
				  that:
Meets at least one of the following
				  criteria:
The area has a poverty rate of at least 20% according
				  to the latest federal decennial census;
75% or more of the children in the area participate
				  in the federal free lunch program according to reported statistics from the
				  State Board of Education;
At least 20% of the households in the area receive
				  assistance under the Supplemental Nutrition Assistance Program;
				  or
The area has an average unemployment rate, as
				  determined by the Illinois Department of Employment Security, that is more than
				  120% of the national unemployment average, as determined by the United States
				  Department of Labor, for a period of at least 2 consecutive calendar years
				  preceding the date of the application; and
Has high rates of arrest, conviction, and
				  incarceration related to the sale, possession, use, cultivation, manufacture,
				  or transport of cannabis.
[410 ILCS
				  705/1-10]
"DOR" means the Illinois Department of Revenue.
"DPH" means the Illinois Department of Public Health.
"Early Approval Adult Use Cultivation Center
				  License"
or "Early Approval License"
means a license that
				  permits a medical cannabis cultivation center licensed under the Compassionate
				  Use of Medical Cannabis Pilot Program Act as of the effective date of the
				  Cannabis Regulation and Tax Act to begin cultivating, infusing, packaging,
				  transporting (unless otherwise provided in the Act), and selling cannabis to
				  cannabis business establishments for resale to purchasers as permitted by the
				  Act as of January 1, 2020.
[410 ILCS
				  705/1-10]
"Enclosed, Locked Facility" means a room, greenhouse,
				  building, or other enclosed area equipped with locks or other security devices
				  that permit access only by cannabis business establishment agents working for
				  the licensed cannabis business establishment or acting pursuant to the Act to
				  cultivate, process, store, or distribute cannabis.
[410 ILCS
				  705/1-10]
"Enclosed, Locked Space" means a closet, room,
				  greenhouse, building or other enclosed area equipped with locks or other
				  security devices that permit access only by authorized individuals under the
				  Act. "Enclosed, locked space" may include:
A space within a residential building that is the
				  primary residence of the individual cultivating 5 or fewer cannabis plants that
				  are more than 5 inches tall and includes sleeping quarters and indoor plumbing.
				  The space must only be accessible by a key or code that is different from any
				  key or code that can be used to access the residential building from the
				  exterior; or
A structure, such as a shed or greenhouse, that lies
				  on the same plot of land as a residential building that includes sleeping
				  quarters and indoor plumbing and is used as a primary residence by the person
				  cultivating 5 or fewer cannabis plants that are more than 5 inches tall, such
				  as a shed or greenhouse. The structure must remain locked when it is unoccupied
				  by people.
[410 ILCS
				  705/1-10]
"Facility" means the physical structures associated with a
				  licensee.
"Financial Interest" means any actual or future right to
				  ownership, investment or compensation arrangement with another person, either
				  directly or indirectly, through business, investment, spouse, parent or child,
				  in a cultivation center. Financial interest does not include ownership of
				  investment securities in a publicly-held corporation that is traded on a
				  national securities exchange or over-the-counter market in the United States,
				  provided the investment securities held by the person and the person's spouse,
				  parent or child, in the aggregate, do not exceed one percent ownership in the
				  cultivation center.
"Fingerprint-based Criminal History Records Check" means a
				  fingerprint-based criminal history records check conducted by the Illinois
				  State Police in accordance with the Uniform Conviction Information Act (UCIA)
				  or 20 Ill. Adm. Code
				  1265.30 (Electronic
				  Transmission of Fingerprint Requirements).
"Impacted Family" means an individual who has a parent, legal
				  guardian, child, spouse, or dependent, or was a dependent of an individual who,
				  prior to the effective date of the Act, was arrested for, convicted of, or
				  adjudicated delinquent for any offense that is eligible for expungement under
				  the Act.
"Infuser" means a facility operated by an
				  organization or business that is licensed by the Department to directly
				  incorporate cannabis or cannabis concentrate into a product formulation to
				  produce a cannabis-infused product.
[410 ILCS
				  705/1-10]
"Infuser Agent" means a principal officer, board member,
				  employee, or agent of an infuser.
"ISP" means the Illinois State Police.
"Label" means a display of written, printed or graphic matter
				  on the immediate container of any product containing cannabis.
"Laboratory" means an independent laboratory located in
				  Illinois and approved by the Department to have custody and use of controlled
				  substances for scientific and medical purposes and for purposes of instruction,
				  research or analysis.
"Labor Peace Agreement" means an agreement between a cannabis
				  business establishment and any labor organization recognized under the National
				  Labor Relations Act, referred to in this Act as a bona fide labor organization,
				  that prohibits labor organizations and members from engaging in picketing, work
				  stoppages, boycotts, and any other economics interference with the cannabis
				  business establishment. This agreement means that the cannabis business
				  establishment has agreed not to disrupt efforts by the bona fide labor
				  organization to communicate with, and attempt to organize and represent, the
				  cannabis business establishment's employees. The agreement shall provide a bona
				  fide labor organization access at reasonable times to areas in which the
				  cannabis business establishment's employees work, for the purpose of meeting
				  with employees to discuss their right to representation, employment rights
				  under State law, and terms and conditions of employment. This type of agreement
				  shall not mandate a particular method of election or certification of the bona
				  fide labor organization.
"Livescan" means an inkless electronic system designed to
				  capture an individual's fingerprint images and demographic data (name, sex,
				  race, date of birth, etc.) in a digitized format that can be transmitted to ISP
				  for processing. The data is forwarded to the ISP Bureau of Identification (BOI)
				  over a virtual private network (VPN) and then processed by ISP's Automated
				  Fingerprint Identification System (AFIS). Once received at the BOI for
				  processing, the inquiry may, as permitted by law, be forwarded to the Federal
				  Bureau of Investigation (FBI) electronically for processing.
"Livescan Vendor" means an entity licensed by the DFPR to
				  provide commercial fingerprinting services under the Private Detective, Private
				  Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
"Manufacturing" or "Manufacture" means the process of
				  converting harvested cannabis material into a finished product by manual labor
				  and/or machinery designed to meet a specific need or customer expectation,
				  either directly or indirectly by extraction from substances of natural origin,
				  or independently by means of chemical synthesis, or by a combination of
				  extraction and chemical synthesis.
"Modification" means changes in structures, processes or
				  activities at a cultivation center that will alter the functions of production
				  structures, processing systems, and/or changes in the physical footprint of the
				  cultivation center.
"Monitoring" means the continuous and uninterrupted video
				  surveillance of cultivation activities and oversight for potential suspicious
				  actions. Monitoring includes video surveillance for the purpose of summoning a
				  law enforcement officer to the premises during alarm conditions.
"Motor Vehicle" means a self-propelled vehicle as defined in
				  Section 1-146 of the Illinois Vehicle Code.
"Natural Processing" or "Naturally Produced" means the
				  preparation of the harvested cannabis without significantly changing its
				  physical form.
"Operational and Management Practices Plan" means a narrative
				  description of all practices that will be employed at the cultivation center
				  for the production of cannabis and cannabis-infused products. The plan shall
				  include, but is not limited to:
The types and quantities of cannabis products that will be
				  produced at the cultivation center;
The methods of planting (seed or clones), harvesting, drying
				  and storage of cannabis;
The estimated quantity of waste material to be generated and
				  plans for subsequent disposal;
The quantity and proposed method for disposal for all crop
				  inputs utilized for plant production;
Methods for training employees for the specific phases of
				  production;
Biosecurity measures to be implemented for plant production
				  and edible infused product production;
Planned response to discrepancies in accounting of product
				  inventories;
Sampling strategy and quality testing for labeling
				  purposes;
Procedures to follow for proper labeling; and
Procedures to follow for handling mandatory and voluntary
				  recalls of cannabis or cannabis-infused products.
"Ownership and Control" means ownership of at least
				  51% of the business, including corporate stock if a corporation, and control
				  over the management and day-to-day operations of the business and an interest
				  in the capital, assets, and profits and losses of the business proportionate to
				  percentage of ownership.
[410 ILCS
				  705/1-10]
"Primary Residence" means a dwelling where a person
				  usually stays or stays more often than other locations. It may be determined
				  by, without limitation, presence; tax filings; address on an Illinois driver's
				  license, an Illinois Identification Card, or an Illinois Person with a
				  Disability Identification Card; or voter registration. No person may have more
				  than one primary residence.
[410 ILCS
				  705/1-10]
"Principal Officer" includes:
A cannabis business establishment applicant or
				  licensed cannabis business establishment's board member, owner with more than
				  1% interest of the total cannabis business establishment or more than 5%
				  interest of the total cannabis business establishment of a publicly traded
				  company;
President, vice president, secretary, treasurer,
				  partner, officer, member, manager member, or person with a profit sharing,
				  financial interest, or revenue sharing arrangement.
The definition includes a person with authority to
				  control the cannabis business establishment, a person who assumes
				  responsibility for the debts of the cannabis business establishment,
				  and
a person
who is further defined in the Act.
[410 ILCS
				  705/1-10]
"Production" or "To Produce" means the planting, preparation,
				  cultivation, growing, harvesting, propagation, compounding, conversion, natural
				  processing, or manufacturing of cannabis, and includes any packaging or
				  repackaging of the substance, or labeling or relabeling of its
				  container.
"Qualified Applicant" means an applicant for a cultivation
				  center permit who receives at least the minimum required score in each category
				  required by the application.
"Qualified Social Equity Applicant" means a Social
				  Equity Applicant who has been awarded a conditional license under the Act to
				  operate a cannabis business establishment.
[410 ILCS
				  705/1-10]
"Resided" means an individual's primary residence was
				  located within the relevant geographic area as established by 2 of the
				  following:
A signed lease agreement that includes the
				  applicant's name;
A property deed that includes the applicant's
				  name;
School records;
A voter registration card;
An Illinois driver's license, an Illinois
				  Identification Card, or an Illinois Person with a Disability Identification
				  Card;
A paycheck stub;
A utility bill; or
Any other proof of residency or other information
				  necessary to establish residence as provided by this Part.
[410 ILCS
				  705/1-10]
"Restricted Area" means a building, room or other contiguous
				  area upon the permitted premises where cannabis is grown, cultivated,
				  harvested, stored, weighed, packaged, sold or processed for sale, under control
				  of the permitted facility.
"Sale" means any form of delivery, which includes barter,
				  exchange or gift, or offer therefor, and each such transaction made by any
				  person whether as principal, proprietor, agent, servant or employee.
"Secretary of State" or "SOS" means the Illinois Secretary of
				  State.
"Social Equity Applicant" means an applicant that is
				  an Illinois resident that meets one of the following criteria:
An applicant with at least 51% ownership and control
				  by one or more individuals who have resided for at least 5 of the preceding 10
				  years in a Disproportionately Impacted Area;
An applicant with at least 51% ownership and control
				  by one or more individuals who:
Have been arrested for, convicted of, or adjudicated
				  delinquent for any offense that is eligible for expungement under the Act;
				  or
Is a member of an impacted family;
For applicants with a minimum of 10 full-time
				  employees, an applicant with at least 51% of current employees
				  who:
Currently reside in a Disproportionately Impacted
				  Area; or
Have been arrested for, convicted of, or adjudicated
				  delinquent for any offense that is eligible for expungement under the Act or
				  member of an impacted family.
"THC" means tetrahydrocannabinol.
"THCA" means tetrahydrocannabinolic acid.
"Transportation Activities" means the transport of cannabis
				  on behalf of a cannabis business establishment or a community college licensed
				  under the Community College Cannabis Vocational Training Pilot Program.
"Transporter" means an organization or business that
				  is licensed by the Department of Agriculture to transport cannabis on behalf of
				  a cannabis business establishment or a community college licensed under the
				  Community College Cannabis Vocational Training Pilot Program.
[410 ILCS
				  705/1-10]
"Transporter Agent" means a principal officer, board member,
				  employee, or agent of a transporting organization.
"Usable Cannabis" means the seeds, leaves, buds, and flowers
				  of the cannabis plant, and any mixture or preparation thereof, including the
				  resin extracted from any part of the plant, but does not include the stalk and
				  roots of the plant. It does not include the weight of any non-cannabis
				  ingredients combined with cannabis, such as ingredients added to prepare a
				  topical administration, food, or drink.