Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1000 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 1000.50 - Permits - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) A cultivation center permit issued under
				this Part is the property of the State of Illinois and shall be surrendered
				upon demand of the Department.
b)
				As part of the permit process, all applicants for a cultivation center permit
				shall sign a written statement certifying under penalty of perjury that:
1) All of the information provided on the
				application is true and accurate to the best of the applicant's knowledge and
				that the applicant must notify the Department of any significant changes to any
				of the information provided to the Department during the application process,
				such as but not limited to ownership, financial interest, operational structure
				and criminal history.
2) The
				applicant understands that the medical cannabis laws and enforcement of the
				laws by the State of Illinois and the federal government are subject to change
				at any time.
3) The applicant
				understands that the cultivation center permit is not transferable, except as
				provided in Section
				1000.120, and that the
				permit is the property of the State of Illinois and shall be surrendered upon
				demand of the Department.
4) The
				applicant specifically acknowledges receipt and advisement of the notices
				contained in the application and agrees to and accepts the limitations of
				liability and the requirement to indemnify, hold harmless and defend the State
				of Illinois, including:
A) Limitation of
				Liability - the State of Illinois shall not be liable to the permitted
				cultivation center, the cultivation center's agents, family members or guests
				for any damage, injury, accident, loss, compensation or claim, based on,
				arising out of, or resulting from the permitted cultivation center's
				participation in the Compassionate Use of Medical Cannabis Pilot Program,
				including, but not limited to, the following: arrest, seizure of persons and/or
				property, prosecution pursuant to State or federal laws by State or federal
				prosecutors, any fire, robbery, theft, mysterious disappearance or any other
				casualty; or the actions of any other permittees, registrants or persons. This
				Limitation of Liability provision shall survive expiration or the early
				termination of the permit.
B) Hold
				Harmless/Indemnification - the permitted cultivation center, its principal
				officers, board members, producer backers, agents, employees, family members or
				guests shall hold harmless and/or indemnify the State of Illinois, its officers
				and employees against any civil action or criminal penalty commenced against
				the State and/or its officers or employees resulting from participation in the
				Compassionate Use of Medical Cannabis Pilot Program.
C) Federal Prosecution - the United States
				Congress has determined that cannabis is a controlled substance. Illinois has
				placed cannabis in Schedule I of the Illinois Controlled Substances Act.
				Growing, distributing, transporting and possessing cannabis in any capacity,
				other than as part of a federally authorized research program, is a violation
				of federal laws. The State of Illinois' Compassionate Use of Medical Cannabis
				Pilot Program Act does not authorize any permittee to violate federal or state
				laws.
5) The applicant
				understands that medical cannabis shall be transported only in a medical
				cannabis container as defined in Section
				1000.10.
6) The applicant understands that unused
				medical cannabis shall not be transferred, shared, given or delivered to any
				other person regardless of whether that person is participating in the
				Compassionate Use of Medical Cannabis Pilot Program.
7) The applicant understands that qualifying
				patients and caregivers shall not grow or cultivate medical cannabis other than
				as a cultivation center agent.
8)
				The applicant understands that the Department may deny an application if the
				documentation is incomplete, or if the Department determines, after an inquiry
				or investigation, that the information provided was false, misleading, forged
				or altered.
9) The applicant
				understands that, upon issuance of a permit, the cultivation center is subject
				to random inspections by the Department, ISP and DPH.