Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1290 - RULES FOR ADMINISTRATION OF THE COMPASSIONATE USE OF MEDICAL CANNABIS PROGRAM › Subpart A - GENERAL PROVISIONS › Section 1290.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Definitions for this Part can be located in Section 10 of the
				  Compassionate Use of Medical Cannabis Pilot Program Act. The following
				  definitions shall also apply to this Part:
"Act" means the Compassionate Use of Medical Cannabis Pilot
				  Program Act [ 410 ILCS 130 ].
"ADA" means the Americans With Disabilities Act of 1990 (
				  42 USC 12101
				  ).
"Address of record" means the address recorded by the
				  Division in the applicant's or registrant's application file or the
				  registration file maintained by the Division.
"Administratively complete" means that a dispensary
				  registration application meets all requirements of the Act and this
				  Part.
"Applicant" means any person who is applying with the
				  Department for authorization to register a dispensary under the Act.
"Area zoned for residential use" means an area zoned
				  exclusively for residential use; provided that, in municipalities with a
				  population over 2,000,000, "an area zoned for residential use" means an area
				  zoned as a residential district or a residential planned development.
"Application date" is the date the application for
				  authorization or registration was delivered to and received by the Division,
				  and the applicant received a receipt noting that date.
"Authorization notice" means the notice sent by the Division
				  to the applicant that has been awarded an authorization. The authorization
				  notice will include a registry identification number to be used on all future
				  communication with the Division.
"Batch" means a specific harvest of cannabis or
				  cannabis-infused products that are identifiable by a batch number, every
				  portion or package of which is uniform within recognized tolerances for the
				  factors that were subject to a laboratory test and that appear in the
				  labeling.
"Batch number" means a unique numeric or alphanumeric
				  identifier assigned to a batch by a cultivation center when the batch is first
				  planted.
"Cannabis Control Act" means 720 ILCS 550.
"Cannabis" means
marihuana, hashish and other
				  substances which 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
				  thereof, the resin extracted from any part of such plant; and any compound,
				  manufacture, salt, derivative, mixture, or preparation of such plant, its
				  seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol
				  derivatives, including its naturally occurring or synthetically produced
				  ingredients, whether produced directly or indirectly by extraction, or
				  independently by means of chemical synthesis or by a combination of extraction
				  and chemical synthesis; but shall not include the mature stalks of such plant,
				  fiber produced from such stalks, oil or cake made from the seeds of such plant,
				  any other compound, manufacture, salt, derivative, mixture, or preparation of
				  such mature stalks (except the resin extracted therefrom), fiber, oil or cake,
				  or the sterilized seed of such plant which is incapable of
				  germination.
(Section 3 of the Cannabis Control Act)
"CPA" means certified public accountant.
"Damaged" shall have its common meaning and include medical
				  cannabis that is unusable, unused, expired, spoiled, contaminated,
				  deteriorated, mislabeled, undesired, excess, adulterated, misbranded,
				  deteriorated or in containers or packaging that was tampered with or
				  opened.
"Department" means the Illinois Department of Financial and
				  Professional Regulation.
"Director" means the Director of the Illinois Department of
				  Financial and Professional Regulation-Division of Professional Regulation or
				  his or her designee.
"Dispensing organization" or "dispensary organization" means
				  a medical cannabis dispensing organization as defined in the Act.
"Dispensary" means the physical premises where medical
				  cannabis is dispensed by a dispensing organization.
"Dispensing organization agent" or "dispensary agent" means a
				  medical cannabis dispensing organization agent as defined in the Act.
"Dispensing organization agent-in-charge" or "dispensary
				  agent-in-charge" means the person who has day to day control and management
				  over the dispensary.
"Dispensing Organization District" or "District" means one of
				  the 43 geographically dispersed areas identified in the Act and this Part where
				  one or more dispensing organizations may be located.
"Dispensing organization registration authorization" or
				  "Authorization" is the permission given by the Division to an applicant for a
				  dispensing organization allowing it to file documents to obtain a dispensary
				  registration.
"Dispensing organization registration" or "Registration"
				  authorizes the applicant to open and operate a dispensing organization within
				  the District designated by the Division.
"Division" means the Department of Financial and Professional
				  Regulation-Division of Professional Regulation with the authority delegated by
				  the Secretary.
"DOA" means the Illinois Department of Agriculture.
"DPH" means the Illinois Department of Public Health.
"Excluded offense" means:
a violent crime defined in Section 3 of the Rights of
				  Crime Victims and Witnesses Act or a substantially similar offense that was
				  classified as a felony in the jurisdiction where the person was convicted;
				  or
a violation of a state or federal controlled
				  substance law that was classified as a felony in the jurisdiction where the
				  person was convicted, except that the Department may waive this restriction if
				  the person demonstrates to the Department's satisfaction that his or her
				  conviction was for the possession, cultivation, transfer, or delivery of a
				  reasonable amount of cannabis intended for medical use.
This exception does not apply if the conviction was
				  under state law and involved a violation of an existing medical cannabis
				  law.
(Section 10 of the Act)
"Financial interest" means any actual or future right to
				  ownership, investment or compensation arrangement, either directly or
				  indirectly, through business, investment, spouse, parent or child, in the
				  dispensing organization. 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 five percent ownership in the
				  dispensing organization.
"Fingerprint-based criminal history records check" means a
				  fingerprint-based criminal history records check conducted by the ISP in
				  accordance with the Act, 20 Ill. Adm. Code
				  1265.30 (Electronic
				  Transmission of Fingerprint Requirements) or the Uniform Conviction Information
				  Act (UCIA) [ 20 ILCS 2635 ].
"Good standing" means the dispensing organization's
				  registration is not under investigation, is not on probation and is not subject
				  to disciplinary or other restrictions by the Division as defined in the Act or
				  this Part.
"HIPAA" means the Health Insurance Portability and
				  Accountability Act ( 45 CFR 164 ).
"Illinois Cannabis Tracking System" means a web-based
				  system established and maintained by the Department of Public Health that is
				  available to the Department of Agriculture, the Department of Financial and
				  Professional Regulation, the Illinois State Police, and registered medical
				  cannabis dispensing organizations on a 24-hour basis to upload written
				  certifications for Opioid Alternative Pilot Program participants, to verify
				  Opioid Alternative Pilot Program participants, to verify Opioid Alternative
				  Pilot Program participants' available cannabis allotment and assigned
				  dispensary, and the tracking of the date of sale, amount, and price of medical
				  cannabis purchased by an Opioid Alternative Pilot Program participant.
(Section 10(l-10) of the Act)
"ISP" means Illinois Department of State Police.
"Limited access area" means a room or rooms under the control
				  of the dispensing organization and on the registered dispensary premises with
				  access limited to qualifying patients, provisional registration patients,
				  Opioid Alternative Pilot Program Participants, designated caregivers,
				  dispensary agents, service professionals working on jobs at the dispensary, or
				  persons authorized by the Act and this Part.
"Livescan" means an inkless electronic system designed to
				  capture an individual's fingerprint images and demographic data 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 then be forwarded to
				  the Federal Bureau of Investigation (FBI) electronically for processing.
"Livescan vendor" means an entity licensed by the Department
				  to provide commercial fingerprinting services under the Private Detective,
				  Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004
				  [ 225 ILCS 447 ].
"Medical cannabis" means cannabis and its constituent
				  cannabinoids, such as tetrahydrocannabinol (THC) and cannabidiol (CBD), used as
				  an herbal remedy or therapy to treat disease or alleviate symptoms. Medical
				  cannabis can be administered in a variety of ways, including, but not limited
				  to: vaporizing or smoking dried buds; using concentrates; ingesting tinctures
				  or tonics; applying topicals such as ointments, balms; or consuming medical
				  cannabis-infused food products.
"Medical cannabis container" means a sealed,
				  traceable, food compliant, tamper resistant, tamper evident container or
				  package used for the purpose of containment of medical cannabis from a
				  cultivation center to a dispensing organization.
(Section 10(n) of the
				  Act)
"Medical cannabis-infused products" means food, oils,
				  ointments, or other products containing cannabis that are not smoked
(e.g., sodas, teas or capsules) as defined in the Act. (Section 10(q) of the
				  Act)
"Monitoring" means continuous and uninterrupted video
				  surveillance of dispensary activities and oversight for potential suspicious
				  actions. Monitoring through video surveillance includes the purpose of
				  summoning a law enforcement officer to the premises during alarm conditions.
				  The Division and law enforcement agencies shall have the ability to access a
				  dispensing organization's monitoring system in real-time via a secure web-based
				  portal.
"Notify" means to send via regular United States mail or
				  email and United States certified mail.
"OAPP" means the Opioid Alternative Pilot Program.
"Opioid" means a narcotic drug or substance that is a
				  Schedule II controlled substance under Section 206(b)(1), (2), (3), or (5), or
				  (c) of the Illinois Controlled Substances Act.
(Section 10(r-5) of the
				  Act)
"Opioid Alternative Pilot Program
				  participant"
or "OAPP participant"
means an individual who has
				  received a valid written certification to participate in the Opioid Alternative
				  Pilot Program for a medical condition for which an opioid has been or could be
				  prescribed by a physician based on generally accepted standards of
				  care.
(Section 10(r-10) of the Act)
"Ownership structure" means a description of the business
				  type, structure and identity of each person with ownership, control or
				  financial interest in the dispensing organization.
"Person" includes, but is not limited to, a natural person,
				  sole proprietorship, partnership, joint venture, limited liability company,
				  corporation, association, agency, business entity, not-for-profit or
				  organization.
"Point of sale" means a web-based system maintained by the
				  dispensing organization to track cannabis inventory, sales and currency. The
				  dispensary's point of sale equipment interfaces in real-time with the State
				  verification system and Illinois Cannabis Tracking System to record all
				  sales.
"Principal officer" includes a dispensing organization
				  applicant or registered dispensing organization's board member, owner with more
				  than one percent interest of the total dispensing organization or more than
				  five percent interest of the total dispensing organization of a publicly traded
				  company, president, vice president, secretary, treasurer, partner, officer,
				  member, manager member, shareholder or person with a profit sharing, financial
				  interest or revenue sharing arrangement. The definition includes a person with
				  authority to control the dispensing organization, a person who assumes
				  responsibility for the debts of the dispensing organization and a person who is
				  further defined in this Part.
"Promptly" means as soon as reasonably practicable, but not
				  later than five days.
"Provisional registration" means a document issued by
				  the Department of Public Health to a qualifying patient who has
				  submitted:
an online application and paid a fee to participate
				  in the Compassionate Use of Medical Cannabis Pilot Program pending approval or
				  denial of the patient's application; or
a completed application for terminal
				  illness.
(Section 10(s-5) of the Act)
"Public access area" is the dispensary's entrance, vestibule
				  or waiting room area accessible to the public and under the control of the
				  registered dispensing organization. Persons in the public access area must be
				  present in furtherance of the Act.
"Registered" or "Registration" means a dispensing
				  organization licensed by the Division to operate a medical cannabis dispensary
				  as defined in the Act.
"Restricted access area" means a room or rooms, or other
				  contiguous area under control of the dispensing organization and on the
				  registered premises with access limited to dispensary agents, the Division,
				  ISP, emergency personnel and service professionals as described in this Part,
				  where cannabis is stored, held, packaged, sold or processed for sale.
"Registration packet" is the information and documents
				  submitted by a dispensing organization authorized by the Division to register a
				  dispensing organization.
"Secretary" means the Secretary of the Department.
"Service professional" means a person who must be present at
				  the dispensary to perform work, including but not limited to those installing
				  or maintaining security devices, delivering cannabis, or providing construction
				  services.
"State verification system" means a web-based system
				  established and maintained by the Department of Public Health that is available
				  to the Department of Agriculture, the Department of Financial and Professional
				  Regulation, law enforcement personnel, and registered medical cannabis
				  dispensing organization agents on a 24-hour basis for the verification of
				  registry identification cards, the tracking of delivery of medical cannabis to
				  medical cannabis dispensing organizations, and the tracking of the date of
				  sale, amount, and price of medical cannabis purchased by a registered
				  qualifying patient.
(Section 10(x) of the Act)
"Trust" means a fiduciary relationship in which one party,
				  known as a trustor, gives another party, the trustee, the right to hold title
				  to property or assets for the benefit of a third party, the beneficiary.
"Veteran" means person who served in one of the five
				  active-duty Armed Services or their respective Guard or Reserve units, and who
				  was discharged or released from service under conditions other than
				  dishonorable.
"Visitor" means a person authorized by the Division and the
				  dispensary to enter a dispensary's limited access area, as defined in this
				  Part, and is not a qualifying patient, designated caregiver, dispensary agent,
				  emergency personnel or service professional.
"Written certification" means a document dated and
				  signed by a physician, stating:
that the qualifying patient has a debilitating
				  medical condition and specifying the debilitating medical condition the
				  qualifying patient has; and
that:
the physician is treating or managing treatment of
				  the patient's debilitating medical condition; or
an Opioid Alternative Pilot Program participant has a
				  medical condition for which opioids have been or could be
				  prescribed.
A written certification shall be made only in the
				  course of a bona fide physician-patient relationship, after the physician has
				  completed an assessment of either a qualifying patient's medical history or
				  OAPP participant, reviewed relevant records related to the patient's
				  debilitating condition, and conducted a physical examination.
(Section
				  10(y) of the Act)