Illinois Administrative Code › Title 86 - REVENUE › Part 424 - COUNTY CANNABIS RETAILERS' OCCUPATION TAX › Section 424.105 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Cannabis Regulation and Tax Act [410 ILCS
				705].
"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 the plant;
the resin extracted from any part of the
				plant;
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;
				and
cannabis flower, concentrate, and cannabis-infused
				products.
"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;
the sterilized seed of the plant that is incapable of
				germination;
industrial hemp as defined and authorized under the
				Industrial Hemp Act
[505 ILCS 5]; or
cannabis that is subject to tax under the Compassionate
				Use of Medical Cannabis Program Act.
[410 ILCS
				705/1-10]
"Cannabis business establishment" means a cultivation
				center, craft grower, processing organization, infuser organization, dispensing
				organization, or transporting organization licensed under the Cannabis
				Regulation and Tax Act.
[410 ILCS
				705/1-10]
"Cannabis concentrate" means a product
				derived:
from cannabis that is produced by extracting
				cannabinoids, including tetrahydrocannabinol (THC), 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;
				and
with the intended use of smoking or making a
				cannabis-infused product
[410 ILCS
				705/1-10].
"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, but not:
resin that has been extracted from any part of the
				plant; nor
any compound, manufacture, salt, derivative, mixture,
				or preparation of the plant, its seeds, or resin.
[410 ILCS
				705/1-10]
"Cannabis-infused product" means beverage, food, oils,
				ointments, tincture, topical formulation, or another product containing
				cannabis that is not intended to be smoked
. [410 ILCS
				705/65-5]
"Cannabis retailer" means a dispensing organization
				licensed under the Cannabis Regulation and Tax Act that sells cannabis for use
				and not for resale.
[410 ILCS
				705/65-1]
"County Cannabis Retailers' Occupation Tax" or "Tax" means the
				tax imposed by the Law.
"Department" means the Department of Revenue.
"Gross receipts" from the sales of cannabis by a cannabis
				retailer means the total selling price or the amount of such sales. In the case
				of charges and time sales, the amount thereof shall be included only when
				payments are received by the cannabis retailer.
"Law" means the County Cannabis Retailers' Occupation Tax Law
				[55 ILCS
				5/5-1006.8].
"Person" means:
a natural individual, firm, partnership, association, joint
				stock company, joint adventure, public or private corporation, limited
				liability company; or
a receiver, executor, trustee, guardian, or other
				representative appointed by order of any court.
"Purchaser" means a person who acquires cannabis for a valuable
				consideration.
"Selling price" or "Amount of sale" means the consideration for
				a sale valued in money, whether received in money or otherwise, including cash,
				credits, property, and services, and shall be determined without any deduction
				on account of the cost of the property sold, the cost of materials used, labor
				or service cost, or any other expense whatsoever, but does not include
				separately stated charges identified on the invoice by cannabis retailers to
				reimburse themselves for their Tax liability under the Law. However, "selling
				price" does not include consideration paid for:
any charge for a payment that is not honored by a financial
				institution;
any finance or credit charge, penalty or charge for delayed
				payment, or discount for prompt payment; and
any amounts added to a purchaser's bill because of charges made
				under the County Cannabis Retailers' Occupation Tax Law, the Cannabis Purchaser
				Excise Tax Law [410 ILCS 705 /Art. 65], the Municipal Cannabis Retailers'
				Occupation Tax Law [65 ILCS 5/8-11 -23], the Use Tax Act [35 ILCS 105], the
				Service Use Tax Act [35 ILCS 110], or any locally imposed occupation
				tax.
"Taxpayer" means a cannabis retailer who is required to remit
				the tax imposed under the Law.