Chapter 410 — PUBLIC HEALTH

(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 medical cannabis patient including minor patients, primary caregiver, medical cannabis cultivation center, or medical cannabis dispensing organizat…

(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 at the following rates: (1) Any cannabis, other than a cannabis-infused product, with an adjusted delta-9-tetrahydrocannabinol level a…

(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 the retailer was properly registered to sell the cannabis at the time of its seizure by the Department. The D…

(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.…

(410 ILCS 705/7-1) Sec. 7-1. Findings. (a) The General Assembly finds that the medical cannabis industry, established in 2014 through the Compassionate Use of Medical Cannabis Program Act, has shown that additional efforts are needed to reduce barriers to ownership. Through that …

(410 ILCS 705/7-10) Sec. 7-10. Cannabis Business Development Fund. (a) There is created in the State treasury a special fund, which shall be held separate and apart from all other State moneys, to be known as the Cannabis Business Development Fund. The Cannabis Business Developme…

(410 ILCS 705/7-15) Sec. 7-15. Loans and grants to Social Equity Applicants. (a) The Department of Commerce and Economic Opportunity shall establish grant and loan programs, subject to appropriations from the Cannabis Business Development Fund, for the purposes of providing finan…

(410 ILCS 705/7-20) Sec. 7-20. Fee waivers. (a) For Social Equity Applicants, the Department of Financial and Professional Regulation and the Department of Agriculture shall waive 50% of any nonrefundable license application fees, any nonrefundable fees associated with purchasing…

(410 ILCS 705/7-25) Sec. 7-25. Transfer of license awarded to Qualified Social Equity Applicant. (a) In the event a Qualified Social Equity Applicant seeks to transfer, sell, or grant a cannabis business establishment license within 5 years after it was issued to a person or enti…

(410 ILCS 705/7-30) Sec. 7-30. Reporting. By January 1, 2021, and on January 1 of every year thereafter, or upon request by the Illinois Cannabis Regulation Oversight Officer, each cannabis business establishment licensed under this Act and the Compassionate Use of Medical Cannab…

(410 ILCS 705/900-10) Sec. 900-10. (Amendatory provisions; text omitted). (Source: P.A. 101-27, eff. 6-25-19; text omitted.)

(410 ILCS 705/900-12) Sec. 900-12. (Amendatory provisions; text omitted). (Source: P.A. 101-27, eff. 6-25-19; text omitted.)

(410 ILCS 705/900-15) Sec. 900-15. (Amendatory provisions; text omitted). (Source: P.A. 101-27, eff. 6-25-19; text omitted.)

(410 ILCS 705/900-15.5) Sec. 900-15.5. (Amendatory provisions; text omitted). (Source: P.A. 101-27, eff. 6-25-19; text omitted.)

(410 ILCS 705/900-16) Sec. 900-16. (Amendatory provisions; text omitted). (Source: P.A. 101-27, eff. 6-25-19; text omitted.)

(410 ILCS 705/900-17) Sec. 900-17. (Amendatory provisions; text omitted). (Source: P.A. 101-27, eff. 6-25-19; text omitted.)

(410 ILCS 705/900-18) Sec. 900-18. (Amendatory provisions; text omitted). (Source: P.A. 101-27, eff. 6-25-19; text omitted.)