Chapter 410, PUBLIC HEALTH

(410 ILCS 705/45-5) Sec. 45-5. License suspension; revocation; other penalties. (a) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, the Department of Financial and Professional Regulation and the Department of Agriculture may revoke, s…

(410 ILCS 705/50-5) Sec. 50-5. Laboratory testing. (a) Notwithstanding any other provision of law, the following acts, when performed by a cannabis testing facility with a current, valid license, or a person 21 years of age or older who is acting in his or her capacity as an owne…

(410 ILCS 705/55-10) Sec. 55-10. Maintenance of inventory. All dispensing organizations authorized to serve both registered qualifying patients and caregivers and purchasers are required to report which cannabis and cannabis-infused products are purchased for sale under the Compa…

(410 ILCS 705/55-15) Sec. 55-15. Destruction of cannabis. (a) All cannabis byproduct, scrap, and harvested cannabis not intended for distribution to a dispensing organization must be destroyed and disposed of under rules adopted by the Department of Agriculture under this Act. Do…

(410 ILCS 705/55-20) Sec. 55-20. Advertising and promotions. (a) No cannabis business establishment nor any other person or entity shall engage in advertising that contains any statement or illustration that: (1) is false or misleading; (2) promotes overconsumption of cannabis or…

(410 ILCS 705/55-21) Sec. 55-21. Cannabis product packaging and labeling. (a) Each cannabis product produced for sale shall be registered with the Department of Agriculture on forms provided by the Department of Agriculture. Each product registration shall include a label and the…

(410 ILCS 705/55-22) Sec. 55-22. Dispensing organization warning labels for medical cannabis. (a) Prior to dispensing any cannabis, cannabis concentrate, or cannabis-infused products to a registered qualifying patient, provisional patient, designated caregiver, or an Opioid Alter…

(410 ILCS 705/55-25) Sec. 55-25. Local ordinances. Unless otherwise provided under this Act or otherwise in accordance with State law: (1) A unit of local government, including a home rule unit or any non-home rule county within the unincorporated territory of the county, may ena…

(410 ILCS 705/55-28) Sec. 55-28. Restricted cannabis zones. (a) As used in this Section: "Legal voter" means a person: (1) who is duly registered to vote in a municipality with a population of over 500,000; (2) whose name appears on a poll list compiled by the city board of elect…

(410 ILCS 705/55-30) Sec. 55-30. Confidentiality. (a) Information provided by the cannabis business establishment licensees or applicants to the Department of Agriculture, the Department of Public Health, the Department of Financial and Professional Regulation, the Department of …

(410 ILCS 705/55-35) Sec. 55-35. Administrative rulemaking. (a) No later than 180 days after the effective date of this Act, the Department of Agriculture, the Illinois State Police, the Department of Financial and Professional Regulation, the Department of Revenue, the Departmen…

(410 ILCS 705/55-40) Sec. 55-40. Enforcement. (a) If the Department of Agriculture, Illinois State Police, Department of Financial and Professional Regulation, Department of Commerce and Economic Opportunity, or Department of Revenue fails to adopt rules to implement this Act wit…

(410 ILCS 705/55-45) Sec. 55-45. Administrative hearings. (a) Administrative hearings related to the duties and responsibilities assigned to the Department of Public Health shall be conducted under the Department of Public Health's rules governing administrative hearings. (b) Adm…

(410 ILCS 705/55-5) Sec. 55-5. Preparation of cannabis-infused products. (a) The Department of Agriculture may regulate the production of cannabis-infused products by a cultivation center, a craft grower, an infuser organization, or a dispensing organization and establish rules r…

(410 ILCS 705/55-50) Sec. 55-50. Petition for rehearing. Within 20 days after the service of any order or decision of the Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, or the Illinois State Police upon any par…

(410 ILCS 705/55-55) Sec. 55-55. Review of administrative decisions. All final administrative decisions of the Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, and the Illinois State Police are subject to judicia…

(410 ILCS 705/55-60) Sec. 55-60. Suspension or revocation of a license. (a) The Department of Financial and Professional Regulation or the Department of Agriculture may suspend or revoke a license for a violation of this Act or a rule adopted in accordance with this Act by the De…

(410 ILCS 705/55-65) Sec. 55-65. Financial institutions. (a) A financial institution that provides financial services customarily provided by financial institutions to a cannabis business establishment authorized under this Act or the Compassionate Use of Medical Cannabis Program…

(410 ILCS 705/55-75) Sec. 55-75. Contracts enforceable. It is the public policy of this State that contracts related to the operation of a lawful cannabis business establishment under this Act are enforceable. It is the public policy of this State that no contract entered into by…

(410 ILCS 705/55-80) Sec. 55-80. Annual reports. (a) The Department of Financial and Professional Regulation shall submit to the General Assembly and Governor a report, by September 30 of each year, that does not disclose any information identifying information about cultivation …

(410 ILCS 705/55-85) Sec. 55-85. Medical cannabis. (a) Nothing in this Act shall be construed to limit any privileges or rights of a qualifying patient including minor patients, designated caregiver, medical cannabis cultivation center, provisional patient and Opioid Alternative …

(410 ILCS 705/55-90) Sec. 55-90. Home rule preemption. Except as otherwise provided in this Act, the regulation and licensing of the activities described in this Act are exclusive powers and functions of the State. Except as otherwise provided in this Act, a unit of local governm…

(410 ILCS 705/55-95) Sec. 55-95. Conflict of interest. A person is ineligible to apply for, hold, or own financial or voting interest, other than a passive interest in a publicly traded company, in any cannabis business license under this Act if, within a 2-year period from the e…

(410 ILCS 705/60-1) Sec. 60-1. Short title. This Article may be referred to as the Cannabis Cultivation Privilege Tax Law. (Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/60-10) Sec. 60-10. Tax imposed. (a) Beginning September 1, 2019, a tax is imposed upon the privilege of cultivating cannabis at the rate of 7% of the gross receipts from the first sale of cannabis by a cultivator. The sale of any product that contains any amount of …

(410 ILCS 705/60-15) Sec. 60-15. Registration of cultivators. Every cultivator and craft grower subject to the tax under this Article shall apply to the Department of Revenue for a certificate of registration under this Article. All applications for registration under this Articl…

(410 ILCS 705/60-20) Sec. 60-20. Return and payment of cannabis cultivation privilege tax. Each person who is required to pay the tax imposed by this Article shall make a return to the Department on or before the 20th day of each month for the preceding calendar month stating the…

(410 ILCS 705/60-25) Sec. 60-25. Infuser information returns. If it is deemed necessary for the administration of this Article, the Department may adopt rules that require infusers to file information returns regarding the sale of cannabis by infusers to dispensaries. The Departm…

(410 ILCS 705/60-30) Sec. 60-30. Deposit of proceeds. All moneys received by the Department under this Article shall be deposited into the Cannabis Regulation Fund. (Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/60-35) Sec. 60-35. Department administration and enforcement. The Department shall have full power to administer and enforce this Article, to collect all taxes, penalties, and interest due hereunder, to dispose of taxes, penalties and interest so collected in the ma…

(410 ILCS 705/60-40) Sec. 60-40. Invoices. Every sales invoice for cannabis issued by a cultivator to a cannabis business establishment shall contain the cultivator's certificate of registration number assigned under this Article, date, invoice number, purchaser's name and addres…

(410 ILCS 705/60-45) Sec. 60-45. Rules. The Department may adopt rules related to the enforcement of this Article. (Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/60-5) Sec. 60-5. Definitions. In this Article: "Cannabis" has the meaning given to that term in Article 1 of this Act, except that it does not include cannabis that is subject to tax under the Compassionate Use of Medical Cannabis Program Act. "Craft grower" has the…

(410 ILCS 705/65-1) Sec. 65-1. Short title. This Article may be referred to as the Cannabis Purchaser Excise Tax Law. (Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/65-10) Sec. 65-10. Tax imposed. (a) Beginning January 1, 2020, a tax is imposed upon purchasers for the privilege of using cannabis, and not for the purpose of resale, at the following rates: (1) Any cannabis, other than a cannabis-infused product, with an adjusted …

(410 ILCS 705/65-11) Sec. 65-11. Bundling of taxable and nontaxable items; prohibition; taxation. If a cannabis retailer sells cannabis, concentrate, or cannabis-infused products in combination or bundled with items that are not subject to tax under this Act for one price in viol…

(410 ILCS 705/65-15) Sec. 65-15. Collection of tax. (a) The tax imposed by this Article shall be collected from the purchaser by the cannabis retailer at the rate stated in Section 65-10 with respect to cannabis sold by the cannabis retailer to the purchaser, and shall be remitte…

(410 ILCS 705/65-20) Sec. 65-20. Registration of cannabis retailers. Every cannabis retailer required to collect the tax under this Article shall apply to the Department for a certificate of registration under this Article. All applications for registration under this Article sha…

(410 ILCS 705/65-25) Sec. 65-25. Tax collected as debt owed to State. Any cannabis retailer required to collect the tax imposed by this Article shall be liable to the Department for the tax, whether or not the tax has been collected by the cannabis retailer, and any such tax shal…

(410 ILCS 705/65-30) Sec. 65-30. Return and payment of tax by cannabis retailer. Each cannabis retailer that is required or authorized to collect the tax imposed by this Article shall make a return to the Department, by electronic means, on or before the 20th day of each month fo…

(410 ILCS 705/65-35) Sec. 65-35. Deposit of proceeds. All moneys received by the Department under this Article shall be paid into the Cannabis Regulation Fund. (Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/65-36) Sec. 65-36. Recordkeeping; books and records. (a) Every retailer of cannabis, whether or not the retailer has obtained a certificate of registration under Section 65-20, shall keep complete and accurate records of cannabis held, purchased, sold, or otherwise …

(410 ILCS 705/65-38) Sec. 65-38. Violations and penalties. (a) When the amount due is under $300, any retailer of cannabis who fails to file a return, willfully fails or refuses to make any payment to the Department of the tax imposed by this Article, or files a fraudulent return…

(410 ILCS 705/65-40) Sec. 65-40. Department administration and enforcement. The Department shall have full power to administer and enforce this Article, to collect all taxes and penalties due hereunder, to dispose of taxes and penalties so collected in the manner hereinafter prov…

(410 ILCS 705/65-41) Sec. 65-41. Arrest; search and seizure without warrant. Any duly authorized employee of the Department: (i) may arrest without warrant any person committing in his or her presence a violation of any of the provisions of this Article; (ii) may without a search…

(410 ILCS 705/65-42) Sec. 65-42. Seizure and forfeiture. After seizing any cannabis as provided in Section 65-41, the Department must hold a hearing and determine whether (i) the retailer was properly registered to sell the cannabis; (ii) the retailer possessed the cannabis in vi…

(410 ILCS 705/65-43) Sec. 65-43. Search warrant; issuance and return; process; confiscation of cannabis; forfeitures. (a) If a peace officer of this State or any duly authorized officer or employee of the Department has reason to believe that any violation of this Article or a ru…

(410 ILCS 705/65-45) Sec. 65-45. Cannabis retailers; purchase and possession of cannabis. Cannabis retailers shall purchase cannabis for resale only from cannabis business establishments as authorized by this Act. (Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/65-5) Sec. 65-5. Definitions. In this Article: "Adjusted delta-9-tetrahydrocannabinol level" means, for a delta-9-tetrahydrocannabinol dominant product, the sum of the percentage of delta-9-tetrahydrocannabinol plus .877 multiplied by the percentage of tetrahydrocan…

(410 ILCS 705/65-50) Sec. 65-50. Rulemaking. The Department may adopt rules in accordance with the Illinois Administrative Procedure Act and prescribe forms relating to the administration and enforcement of this Article as it deems appropriate. (Source: P.A. 101-27, eff. 6-25-19.…