Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1291 - CANNABIS REGULATION AND TAX ACT › Section 1291.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Terms not defined in this Section shall have the same meaning
				as in the Cannabis Regulation and Tax Act [410 ILCS
				705]. Nothing in this Part is intended to confer a
				property or other right, duty, privilege or interest entitling an applicant to
				an administrative hearing upon denial of a dispensing organization application.
				The denial of a dispensing organization application does not preclude judicial
				review of the denial. The following definitions are applicable for purposes of
				this Part:
"Act" means the Cannabis Regulation and Tax Act [410 ILCS
				705].
"ADA" means the Americans With Disabilities Act of 1990
				(42 U.S.C.
				12101).
"Address of record" means the address record by the Department
				in the applicant's application file maintained by the Department.
"Adult Use Dispensing Organization License" means a license
				issued by the Department that permits a person to act as a dispensing
				organization under this Act and any administrative rule made in furtherance of
				this Act.
"Affiliate" means a Person who directly, or indirectly through
				one or more intermediaries, controls, or is controlled by, or is under common
				control with, that Person.
"Affiliated entity" means any business entity that directly or
				indirectly, through one or more intermediaries, controls, is controlled by, or
				is under common control with, the Person.
"Applicant" means the proposed dispensing organization name as
				stated on a license application.
"Application date" is the date an application for approval was
				received by the Department.
"Application points" means the number of points a Dispensary
				Applicant receives on an application for a Conditional Adult Use Dispensing
				Organization License.
"Application submission window" means the period between August
				1st and August 15th of
				every odd numbered year during which the Department will receive applications
				to be approved as a Responsible Vendor Provider unless the date falls on a
				holiday or weekend in which case the window is extended to the next business
				day. The application submission window shall close at 5 p.m. central time on
				the final day on which applications are accepted.
"Approved list" is the list of providers.
"BLS region" means a region in Illinois used by the
				United States Bureau of Labor Statistics to gather and categorize certain
				employment and wage data. The 17 regions in Illinois are: Bloomington, Cape
				Girardeau, Carbondale-Marion, Champaign-Urbana, Chicago-Naperville-Elgin,
				Danville, Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, Rockford,
				St. Louis, Springfield, Northwest Illinois nonmetropolitan area, West Central
				Illinois nonmetropolitan area, East Central Illinois nonmetropolitan area, and
				South Illinois nonmetropolitan area.
(Section 1-10 of the Act)
"Bulk cannabis inventory" means cannabis and cannabis-infused
				products stored in the reinforced vault in clear, heat-sealed or taped shrink
				wrap bags or sheeting that is labeled with the date the inventory is sealed,
				the last four digits of the batch number, the number of items contained within
				the wrapping, and the date the inventory was last counted. Bulk Cannabis
				Inventory is included in the dispensing organization's total inventory
				available for sale.
"By lot" means a randomized method of choosing between two or
				more applicants.
"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 thereof, 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.
"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;
industrial hemp as defined and authorized under the Industrial
				Hemp Act [505 ILCS 89].
"Cannabis" does include cannabis flower, concentrate, and
				cannabis-infused products.
"Cannabis business establishment" means a cultivation center,
				craft grower, processing organization, infuser organization, dispensing
				organization, or transporting organization.
"Cannabis flower" 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; and
raw kief, leaves, and buds
"Cannabis flower" does not include resin that has been
				extracted from any part of a plant, nor any compound, manufacture, salt,
				derivative, mixture, or preparation of a plant, its seeds, or resin.
"Cannabis-Infused product" means a beverage, food, oil,
				ointment, tincture, topical formulation, or another product containing cannabis
				or cannabis concentrate that is not intended to be smoked.
"Conditional license" means a Conditional Adult Use Dispensing
				Organization License.
"Department" means the Department of Financial and Professional
				Regulation.
"Dispensary Applicant" means the proposed dispensing
				organization name as stated on an application for a Conditional Adult Use
				Dispensing Organization License.
"Dispensing organization" means a facility operated by
				an organization or business that is licensed by the Department to acquire
				cannabis from a cultivation center, craft grower, processing organization, or
				another dispensary for the purpose of selling or dispensing cannabis,
				cannabis-infused products, cannabis seeds, paraphernalia, or related supplies
				under
the
Act to purchasers or to qualified registered medical
				cannabis patients and caregivers. As used in this
Part
,
				"dispensing organization" includes a registered medical cannabis organization
				as defined in the Compassionate Use of Medical Cannabis Program Act
[410 ILCS
				130]
or its successor Act that has obtained an
				Early Approval Adult Use Dispensing Organization License
. (Section
				1-10 of the Act)
"Dispensing Organization License" or "License" means any Early
				Approval Adult Use Dispensing Organization License, Conditional Adult Use
				Dispensing Organization License, or Adult Use Dispensing Organization
				License.
"Dispensing organization agent ID card" or "agent ID card"
				means a document issued by the Department that identifies a person as a
				dispensing organization agent, agent-in-charge, or principal officer.
"DOA" means the Illinois Department of Agriculture.
"DPH" means the Illinois Department of Public Health.
"Email address of record" means a primary or alternate contact
				email address recorded by the Department in the applicant's application file
				maintained by the Department.
"Eligible applicant" means a tied applicant eligible to
				participate in the process by which a remaining available license is
				distributed by lot.
"Firearm injury" means a gunshot wound or penetrating injury
				from a weapon that uses a powder charge to fire a projectile. Weapons that use
				a power charge include handguns, rifles, and shotguns. Injuries from air- and
				gas-powered guns, BB guns, and pellet guns are not considered firearm injuries
				as these types of guns do not use a powder charge to fire a projectile.
"HIPAA" means the Health Insurance Portability and
				Accountability Act of 1996 (P.L. 104-191) and the HIPAA
				Privacy Rule as found at 45
				CFR 164.
"Individual" means a natural person.
"ISP" means the Illinois State Police.
"Laboratory" means an independent laboratory located in
				Illinois and approved by DOA to have custody and use of controlled substances
				for scientific and medical purposes and for purposes of instruction, research
				or analysis.
"Member of an impacted family"
or "impacted
				family member"
means an individual who has a parent, legal guardian,
				child, spouse, or dependent, or was a dependent of an individual who, prior
				to
June 25, 2019,
was arrested or convicted of, or adjudicated
				delinquent for any offense that is eligible for expungement under
the
Act.
(Section 1-10 of the Act)
"Notify" means to send via regular United States mail or
				email.
"On-site instruction" means class is held at a physical
				location in-person or remotely by real-time video technology tools.
"Person" means a natural individual, firm, partnership,
				association, joint stock company, joint venture, public or private corporation,
				limited liability company, or a receiver, executor, trustee, guardian, or other
				representative appointed by order of any court.
(Section 1-10 of the
				Act)
"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. This
				definition includes a person with authority to control the cannabis business
				establishment
or
a person who assumes responsibility for the
				debts of the cannabis business establishment.
(Section 1-10 of the
				Act)
"Qualifying Applicant" means an applicant that
				submitted an application pursuant to Section 15-30
of the Act
that received at least 85% of 250 application points available under
				Section 15-30 as the applicant's final score and meets the definition of
				"Social Equity Applicant" as
defined in the Act
.
(Section 1-10 of the Act)
"Reinforced vault" means a room built to the specifications
				listed in Section 1291.220(g).
"Remaining available license" means a license in a BLS region
				that has not been awarded by the Department at the conclusion of the scoring
				process period. There may be more than one remaining available license in a BLS
				region. For example, if four licenses are available in a BLS region and the
				five highest scoring Dispensary Applicants receive scores of 245, 240, 235,
				235, and 235 points, the applicants receiving 245 and 240 application points
				will be awarded licenses and the three applicants receiving 235 points may
				become Eligible Applicants. Likewise, if one license is available in a BLS
				region and there are five Dispensary Applicants with the highest score, all
				five Dispensary Applicants may become Eligible Applicants.
"Scoring process period" is the period of time between the
				conclusion of the submission period for a conditional license application and
				when the Department publishes the names of tied applicants that may become
				eligible applicants.
"Secretary" means the Secretary of the Department of Financial
				and Professional Regulation.
"State verification system" means a web-based system
				established and maintained by the State of Illinois that is available to the
				Department, DOA, ISP, and dispensing organizations for the tracking of the date
				of sale, amount, and price of cannabis purchased by purchasers.
"Tied applicant" means an application submitted by a
				Dispensary Applicant pursuant to Section 15-30
of the Act
that
				received the same number of application points under Section 15-30
of
				the Act
as the Dispensary Applicant's final score as one or more
				top-scoring applications in the same BLS region and would have been awarded a
				license but for the one or more other top-scoring applications that received
				the same number of application points. Each application for which a Dispensary
				Applicant was required to pay a required application fee for the application
				period ending January 2, 2020 shall be considered an application of a separate
				Tied Applicant.
(Section 1-10 of the Act)
"Top participant" means an applicant drawn by lot in a winning
				slot such that it has the opportunity to be issued a conditional
				license.
"Victim" means
a person injured as a result of a firearm injury perpetrated or
				attempted against them;
the spouse, parent, or child of a person killed or injured as a
				result of a firearm injury perpetrated or attempted against the person, or
				anyone living in the household of a person killed or injured in a relationship
				that is substantially similar to that of a parent, spouse, or child;
a person injured while attempting to assist a person against
				whom a firearm injury is being perpetrated or attempted, if that attempt of
				assistance would be expected of a reasonable person under the
				circumstances;
a person injured while assisting a law enforcement official
				apprehend a person who has perpetrated a firearm injury or prevent the
				perpetration of any such crime if that assistance was in response to the
				express request of the law enforcement official; or
a person who personally witnessed a firearm injury.
The victim must not be the offender in the criminal act and
				must not have provoked or incited the crime.