Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1000 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 1000.10 - 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
				  Compassionate Use of Medical Cannabis Pilot Program Act [410
				  ILCS 130/10 ]. The following definitions shall also
				  apply to this Part:
"Act" means the Compassionate Use of Medical Cannabis Pilot
				  Program Act [410 ILCS 130 ].
"Adequate supply" means 2.5 ounces of usable cannabis during
				  a period of 14 days and that is derived solely from an intrastate source. The
				  pre-mixed weight of medical cannabis used in making a cannabis-infused product
				  shall apply toward the limit on the total amount of medical cannabis a
				  registered qualifying patient may possess at any one time. [410
				  ILCS 130/10(a) ]
"Alterations" means permanent 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 efficiency of facility
				  structures or systems.
"Applicant" means any corporation, limited liability company,
				  association or partnership, limited liability partnership, or one or more
				  individuals, principal officers, agency, business trust, estate, trust, or any
				  other legal entity that is applying with the Illinois Department of Agriculture
				  for a cultivation center permit 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 people, "an area zoned for residential use" means an
				  area zoned as a residential district or a residential planned
				  development.
"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. When plants reach 18 inches in height, a specific number will
				  be assigned for each plant within that batch. The batch number will remain with
				  the segregated plants through harvest to final packaging. The batch number will
				  be included on the label of the package distributed for the end user.
"Batch number" means a unique numeric or alphanumeric
				  identifier assigned to a batch by a cultivation center when the batch is first
				  planted. The batch number shall contain the facility number and a sequence to
				  allow for inventory and traceability.
"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
				  which are identified as including any parts of the plant Cannabis sativaand
				  including any and all 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)
"Cannabis concentrate" means a product derived from medical
				  cannabis that is produced by extracting cannabinoids from the plant through the
				  use of propylene glycol, glycerin, butter, olive oil or other typical cooking
				  fats; water, ice or dry ice; or butane, propane, CO2,
				  ethanol or isopropanol. The use of any other solvent is expressly prohibited
				  unless and until it is approved by the Department.
"Cannabis plant monitoring system" means a system that
				  includes, but is not limited to, testing and data collection established and
				  maintained by the registered cultivation center and available to the Department
				  for the purposes of documenting each cannabis plant and for monitoring plant
				  development throughout the life cycle of a cannabis plant cultivated for the
				  intended use by a qualifying patient from seed planting to final packaging.
				  [410
				  ILCS 130/10(c) ]
"Cannabis product" means a product containing medical
				  cannabis either in a physical form or infused with an extracted resin.
"Cannabis waste" means any part of the plant that is not
				  usable cannabis, or cannabis that cannot be processed as provided in Section
				  1000.510(d)(2).
"Child-resistant" means special packaging that is:
designed or constructed to be significantly difficult for
				  children under five years of age to open and not difficult for normal adults to
				  use properly as defined by
				  16 CFR
				  1700.20(1995) and ASTM
				  classification standard D3475-14,
http://www.astm.org/Standards/D3475.htm
.
				  This incorporation by reference does not include any later amendments or
				  editions. The Department maintains copies of the applicable federal regulation
				  and ASTM classification standard, that are available to the public;
closable for any product intended for more than a single use
				  or containing multiple servings; and labeled properly as required by Section
				  1000.420.
"Clone" means a plant section from a female cannabis plant
				  not yet root-bound, growing in a water solution or other propagation matrix,
				  that is capable of developing into a new plant.
"Crop input" means any substance that is used by a producer
				  for the production of medical 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 Commercial 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 registered by the Department of Agriculture to
				  perform necessary activities to provide only registered medical cannabis
				  dispensing organizations with usable medical cannabis. [410
				  ILCS 130/10(e) ]
"Cultivation center agent" means a principal officer, board
				  member, employee, or agent of a registered cultivation center who is 21 years
				  of age or older and has not been convicted of an excluded offense.
				  [410
				  ILCS 130/10(f) ]
"Cultivation center agent-in-charge" or "agent-in-charge"
				  means the cultivation center agent who has been designated by the cultivation
				  center to have control and management over the day to day operations of the
				  cultivation center. A cultivation center may designate more than one
				  agent-in-charge to cover varying operational work shifts, but may only have one
				  per work shift.
"Cultivation center agent identification card" means a
				  document issued by the Department of Agriculture that identifies a person as a
				  cultivation center agent. [410
				  ILCS 130/10(g) ]
"Cultivation center agent-in-charge identification card"
				  means a document issued by the Department of Agriculture that identifies a
				  cultivation center agent as an agent-in-charge.
"DD214" means a certified DD214 Certificate of Separation or
				  Release from Active Duty Member Copy 4 or State Director of Veterans' Affairs
				  Copy 6; a certified DD214 Report of Separation from Active Duty 2; or
				  equivalent certified document indicating character of service and dates of
				  service. A DD214 can be certified by the State Department of Veterans' Affairs,
				  county veterans' officials, and the federal Department of Veterans
				  Affairs.
"Department" means the Illinois Department of
				  Agriculture.
"DFPR" means the Illinois Department of Financial and
				  Professional Regulation.
"DPH" means the Illinois Department of Public Health.
"Disqualifying conviction" means conviction of an excluded
				  offense.
"Enclosed, locked facility" means a room, greenhouse,
				  building, or other enclosed area equipped with locks or other security devices
				  that permit access only by a cultivation center's agents or a dispensing
				  organization's agent working for the registered cultivation center or the
				  registered dispensing organization to cultivate, store, and distribute cannabis
				  for registered qualifying patients. [410
				  ILCS 130/10(k) ]
"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.
				  [410
				  ILCS 130/10(l) ]
"Facility" shall refer to the permitted physical structures
				  associated with the cultivation center.
"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 Department of
				  State Police in accordance with the Uniform Conviction Information Act (UCIA)
				  or 20 Ill. Adm. Code
				  1265.30 (Electronic
				  Transmission of Fingerprint Requirements).
"Flower" means the gametophytic or reproductive state of
				  cannabis in which the plant is in a light cycle intended to produce flowers,
				  trichromes and cannabinoids characteristic of cannabis.
"Immature plant" means a nonflowering cannabis plant that has
				  an established root structure.
"ISP" means the Illinois Department of 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.
"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 Department
				  of Financial and Professional Regulation 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.
"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; administering
				  tinctures or tonics; applying topicals such as ointments or balms; or consuming
				  medical cannabis infused products.
"Medical cannabis cultivation center registration" means a
				  registration issued by the Department of Agriculture. [410
				  ILCS 130/10(m) ]
"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. [410
				  ILCS 130/10(n) ]
"Medical cannabis dispensing organization" or "dispensing
				  organization" or "dispensary organization" or "dispensary" means a facility
				  operated by an organization or business that is registered by the Department of
				  Financial and Professional Regulation to acquire medical cannabis from a
				  registered cultivation center for the purpose of dispensing cannabis,
				  paraphernalia, or related supplies and educational materials to registered
				  qualifying patients. [410
				  ILCS 130/10(o) ]
"Medical cannabis dispensing organization agent" or
				  "dispensing organization agent" means a principal officer, board member,
				  employee, or agent of a registered medical cannabis dispensing organization who
				  is 21 years of age or older and has not been convicted of an excluded offense.
				  [410
				  ILCS 130/10(p) ]
"Medical cannabis-infused product" means food, oils,
				  ointments, sodas, teas, capsules or other products containing usable cannabis
				  that are not smoked. [410
				  ILCS 130/10(q) ] Only the portion of
				  any cannabis-infused product that is attributable to cannabis shall count
				  toward the possession limits of the dispensary and the patient.
"Medical use" means the acquisition; administration;
				  delivery; possession; transfer; transportation; or use of cannabis to treat or
				  alleviate a registered qualifying patient's debilitating medical condition or
				  symptoms associated with the patient's debilitating medical condition.
				  [410
				  ILCS 130/10(r) ]
"Modification" means changes in structures, processes or
				  activities at a cultivation center that will alter the efficiency of production
				  structures, processing systems, and/or changes in capacity within the
				  center.
"Monitoring" means the continuous and uninterrupted video
				  surveillance of cultivation 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 Department and ISP or law enforcement agencies designated by ISP shall have
				  the ability to access a cultivation center's monitoring system in real-time via
				  a secure web-based portal.
"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 facility for the
				  production of medical cannabis and medical cannabis-infused products. The plan
				  shall include but is not limited to:
the types and quantities of medical cannabis products that
				  will be produced at the facility;
the methods of planting (seed or clones), harvesting, drying
				  and storage of medical 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.
"Permit" means a registration issued by the Department to a
				  qualified applicant to operate a cultivation center.
"Permittee" means a qualified applicant who is issued a
				  permit by the Department to operate a cultivation center.
"Person" includes, but is not limited to, a natural person,
				  sole proprietorship, partnership, joint venture, limited liability partnership
				  or company, corporation, association, agency, business, not-for-profit
				  organization.
"Physician" means a doctor of medicine or doctor of
				  osteopathy licensed under the Medical Practice Act of 1987 to practice medicine
				  and who has a controlled substances license under Article III of the Illinois
				  Controlled Substances Act. It does not include a licensed practitioner under
				  any other Act, including but not limited to the Illinois Dental Practice Act.
				  [410
				  ILCS 130/10(s) ]
"Principal officer" includes a prospective cultivation center
				  or cultivation center owner, president, vice president, secretary, treasurer,
				  partner, officer, board member, shareholder or person involved in a profit
				  sharing arrangement.
"Producer backer" means any person (including any legal
				  entity) with a direct or indirect financial interest in the applicant.
"Production" or "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.
"Qualifying patient" means a person who has been diagnosed by
				  a physician as having a debilitating medical condition. [410
				  ILCS 130/10(t) ]
"Registered" means licensed, permitted, or otherwise
				  certified by the Department of Agriculture under the Act. [410
				  ILCS 130/10(u) ]
"Restricted access 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.
"Security 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.
"THC" means tetrahydrocannabinol.
"THCA" means tetrahydrocannabinolic acid.
"Tincture" means a cannabis-infused solution, typically
				  comprised of alcohol, glycerin or vegetable oils, derived either directly from
				  the cannabis plant or from a processed cannabis extract. Tinctures may be added
				  to foods and other liquids, applied directly to the skin, consumed orally by
				  drinking a small quantity, or absorbed sublingually by placing a few drops
				  under the tongue.
"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 stalks,
				  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. [410
				  ILCS 130/10(w) ]
"USEPA" means the United States Environmental Protection
				  Agency.
"Vegetative stage of growth" means that the cannabis plant
				  consists of stems, leaves and roots and does not have any flowers or
				  buds.
"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. [410
				  ILCS 130/10(x) ]
"Veteran" means a 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.
"Violent crime" means any felony in which force or threat of
				  force was used against the victim, or any offense involving sexual
				  exploitation, sexual conduct or sexual penetration, or a violation of Section
				  11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961 or the Criminal Code
				  of 2012, domestic battery, violation of an order of protection, stalking, or
				  any misdemeanor which results in death or great bodily harm to the victim or
				  any violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code
				  of 2012, or Section 11-501 of the Illinois Vehicle Code, or a similar provision
				  of a local ordinance, if the violation resulted in personal injury or death,
				  and includes any action committed by a juvenile that would be a violent crime
				  if committed by an adult. For the purposes of this definition, "personal
				  injury" shall include any Type A injury as indicated on the traffic accident
				  report completed by a law enforcement officer that requires immediate
				  professional attention in either a doctor's office or medical facility. A Type
				  A injury shall include severely bleeding wounds, distorted extremities, and
				  injuries that require the injured party to be carried from the scene, or a
				  substantially similar offense that was tried and convicted as a felony in the
				  jurisdiction where the cultivation center agent, agent-in-charge, or applicant
				  for a cultivation center agent or agent-in-charge identification card, was
				  convicted. [725 ILCS
				  120/3(c) ]