Chapter 410 — PUBLIC HEALTH

(410 ILCS 130/100) Sec. 100. Cultivation center agent identification card. (a) The Department of Agriculture shall: (1) verify the information contained in an application or renewal for a cultivation center identification card submitted under this Act, and approve or deny an appl…

(410 ILCS 130/105) Sec. 105. Requirements; prohibitions; penalties for cultivation centers. (a) The operating documents of a registered cultivation center shall include procedures for the oversight of the cultivation center, a cannabis plant monitoring system including a physical…

(410 ILCS 130/110) Sec. 110. Suspension; revocation; other penalties for cultivation centers and agents. Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, the Department of Agriculture may revoke, suspend, place on probation, reprimand, …

(410 ILCS 130/115) Sec. 115. Registration of dispensing organizations. (a) The Department of Financial and Professional Regulation may issue up to 60 dispensing organization registrations for operation. The Department of Financial and Professional Regulation may not issue less th…

(410 ILCS 130/115.5) Sec. 115.5. Social Equity Justice Involved Medical Lottery. (a) In this Section: "By lot" has the same meaning as defined in Section 1-10 of the Cannabis Regulation and Tax Act. "Qualifying Applicant" has the same meaning as defined in subsection (a-5) of Sec…

(410 ILCS 130/120) Sec. 120. Dispensing organization agent identification card. (a) The Department of Financial and Professional Regulation shall: (1) verify the information contained in an application or renewal for a dispensing organization agent identification card submitted u…

(410 ILCS 130/125) Sec. 125. Medical cannabis dispensing organization certification renewal. (a) The registered dispensing organization shall receive written notice 90 days prior to the expiration of its current registration that the registration will expire. The Department of Fi…

(410 ILCS 130/130) Sec. 130. Requirements; prohibitions; penalties; dispensing organizations. (a) The Department of Financial and Professional Regulation shall implement the provisions of this Section by rule. (b) A dispensing organization shall maintain operating documents which…

(410 ILCS 130/135) Sec. 135. (Repealed). (Source: P.A. 98-122, eff. 1-1-14. Repealed by P.A. 101-363, eff. 8-9-19.)

(410 ILCS 130/140) Sec. 140. Local ordinances. A unit of local government may enact reasonable zoning ordinances or resolutions, not in conflict with this Act or with Department of Agriculture or Department of Financial and Professional Regulation rules, regulating registered med…

(410 ILCS 130/145) Sec. 145. Confidentiality. (a) The following information received and records kept by the Department of Public Health, Department of Financial and Professional Regulation, Department of Agriculture, or Illinois State Police for purposes of administering this Ac…

(410 ILCS 130/15) Sec. 15. Authority. (a) It is the duty of the Department of Public Health to enforce the following provisions of this Act unless otherwise provided for by this Act: (1) establish and maintain a confidential registry of qualifying patients authorized to engage in…

(410 ILCS 130/150) Sec. 150. Registry identification and registration certificate verification. (a) The Department of Public Health shall maintain a confidential list of the persons to whom the Department of Public Health has issued registry identification cards and their address…

(410 ILCS 130/155) Sec. 155. Review of administrative decisions. All final administrative decisions of the Departments of Public Health, Department of Agriculture, and Department of Financial and Professional Regulation are subject to direct judicial review under the provisions o…

(410 ILCS 130/160) Sec. 160. Annual reports. The Department of Public Health shall submit to the General Assembly a report, by September 30 of each year, that does not disclose any identifying information about registered qualifying patients, registered caregivers, or certifying …

(410 ILCS 130/162) Sec. 162. Market research study. The Illinois Cannabis Regulation Oversight Officer shall conduct a market research study on or before January 1, 2022. The study shall evaluate the ownership demographics of licensees and applicants for licenses under this Act. …

(410 ILCS 130/165) Sec. 165. Administrative rulemaking. (a) Not later than 120 days after the effective date of this Act, the Department of Public Health, Department of Agriculture, and the Department of Financial and Professional Regulation shall develop rules in accordance to t…

(410 ILCS 130/170) Sec. 170. Enforcement of this Act. (a) If a Department fails to adopt rules to implement this Act within the times provided for in this Act, any citizen may commence a mandamus action in the Circuit Court to compel the Departments to perform the actions mandate…

(410 ILCS 130/173) Sec. 173. Conflicts of law. To the extent that any provision of this Act conflicts with any Act that allows the recreational use of cannabis, the provisions of that Act shall control. (Source: P.A. 101-363, eff. 8-9-19.)

(410 ILCS 130/175) Sec. 175. Administrative hearings. (a) Administrative hearings involving the Department of Public Health, a qualifying patient, or a designated caregiver shall be conducted under the Department of Public Health's rules governing administrative hearings. (b) Adm…

(410 ILCS 130/180) Sec. 180. Destruction of medical cannabis. (a) All cannabis byproduct, scrap, and harvested cannabis not intended for distribution to a medical cannabis organization must be destroyed and disposed of pursuant to State law. Documentation of destruction and dispo…

(410 ILCS 130/185) Sec. 185. Suspension revocation of a registration. (a) The Department of Agriculture, the Department of Financial and Professional Regulation, and the Department of Public Health may suspend or revoke a registration for violations of this Act and rules issued i…

(410 ILCS 130/190) Sec. 190. Medical Cannabis Cultivation Privilege Tax Law. Sections 190 through 215 may be cited as the Medical Cannabis Cultivation Privilege Tax Law. (Source: P.A. 98-122, eff. 1-1-14.)

(410 ILCS 130/195) Sec. 195. Definitions. For the purposes of this Law: "Cultivation center" has the meaning ascribed to that term in the Compassionate Use of Medical Cannabis Program Act. "Department" means the Department of Revenue. "Dispensing organization" has the meaning asc…

(410 ILCS 130/20) Sec. 20. Compassionate Use of Medical Cannabis Fund. (a) There is created the Compassionate Use of Medical Cannabis Fund in the State treasury to be used exclusively for the direct and indirect costs associated with the implementation, administration, and enforc…

(410 ILCS 130/200) Sec. 200. Tax imposed. (a) Beginning on the effective date of this Act, a tax is imposed upon the privilege of cultivating medical cannabis at a rate of 7% of the sales price per ounce. The proceeds from this tax shall be deposited into the Compassionate Use of…

(410 ILCS 130/205) Sec. 205. Department enforcement. (a) Every person subject to the tax under this Law shall apply to the Department (upon a form prescribed and furnished by the Department) for a certificate of registration under this Law. Application for a certificate of regist…

(410 ILCS 130/210) Sec. 210. Returns. (a) This subsection (a) applies to returns due on or before the effective date of this amendatory Act of the 101st General Assembly. On or before the twentieth day of each calendar month, every person subject to the tax imposed under this Law…

(410 ILCS 130/215) Sec. 215. Rules. The Department may adopt rules related to the enforcement of this Law. (Source: P.A. 98-122, eff. 1-1-14.)

(410 ILCS 130/220) Sec. 220. (Repealed). (Source: P.A. 99-519, eff. 6-30-16. Repealed by P.A. 101-363, eff. 8-9-19.)

(410 ILCS 130/25) Sec. 25. Immunities and presumptions related to the medical use of cannabis. (a) A registered qualifying patient is not subject to arrest, prosecution, or denial of any right or privilege, including, but not limited to, civil penalty or disciplinary action by an…

(410 ILCS 130/30) Sec. 30. Limitations and penalties. (a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, the following conduct: (1) Undertaking any task under the influence of canna…

(410 ILCS 130/31) Sec. 31. Administration to persons with disabilities in park district programs. (a) Definitions. For purposes of this Section: (1) "Park district" has the meaning as defined in Section 1-3 of the Park District Code. "Park district" includes the Chicago Park Dist…

(410 ILCS 130/35) Sec. 35. Certifying health care professional requirements. (a) A certifying health care professional who certifies a debilitating medical condition for a qualifying patient shall comply with all of the following requirements: (1) The certifying health care profe…

(410 ILCS 130/36) Sec. 36. Written certification. (a) A certification confirming a patient's debilitating medical condition shall be written on a form provided by the Department of Public Health and shall include, at a minimum, the following: (1) the qualifying patient's name, da…

(410 ILCS 130/40) Sec. 40. Discrimination prohibited. (a)(1) No school, employer, or landlord may refuse to enroll or lease to, or otherwise penalize, a person solely for his or her status as a registered qualifying patient or a registered designated caregiver, unless failing to …

(410 ILCS 130/45) Sec. 45. Addition of debilitating medical conditions. (a) Any resident may petition the Department of Public Health to add debilitating conditions or treatments to the list of debilitating medical conditions listed in subsection (h) of Section 10. The Department…

(410 ILCS 130/5) Sec. 5. Findings. (a) The recorded use of cannabis as a medicine goes back nearly 5,000 years. Modern medical research has confirmed the beneficial uses of cannabis in treating or alleviating the pain, nausea, and other symptoms associated with a variety of debil…

(410 ILCS 130/50) Sec. 50. Employment; employer liability. (a) Nothing in this Act shall prohibit an employer from adopting reasonable regulations concerning the consumption, storage, or timekeeping requirements for qualifying patients related to the use of medical cannabis. (b) …

(410 ILCS 130/55) Sec. 55. Registration of qualifying patients and designated caregivers. (a) The Department of Public Health shall issue registry identification cards to qualifying patients and designated caregivers who submit a completed application, and at minimum, the followi…

(410 ILCS 130/57) Sec. 57. Qualifying patients. (a) Qualifying patients that are under the age of 18 years shall not be prohibited from appointing up to 3 designated caregivers who meet the definition of "designated caregiver" under Section 10 so long as at least one designated c…

(410 ILCS 130/60) Sec. 60. Issuance of registry identification cards. (a) Except as provided in subsection (b), the Department of Public Health shall: (1) verify the information contained in an application or renewal for a registry identification card submitted under this Act, an…

(410 ILCS 130/62) Sec. 62. Opioid Alternative Pilot Program. (a) The Department of Public Health shall establish the Opioid Alternative Pilot Program. Licensed dispensing organizations shall allow persons with a written certification from a certifying health care professional und…

(410 ILCS 130/65) Sec. 65. Denial of registry identification cards. (a) The Department of Public Health may deny an application or renewal of a qualifying patient's registry identification card only if the applicant: (1) did not provide the required information and materials; (2)…

(410 ILCS 130/7) Sec. 7. Lawful user and lawful products. For the purposes of this Act and to clarify the legislative findings on the lawful use of cannabis: (1) A cardholder under this Act shall not be considered an unlawful user or addicted to narcotics solely as a result of hi…

(410 ILCS 130/70) Sec. 70. Registry identification cards. (a) A registered qualifying patient or designated caregiver must keep their registry identification card in his or her possession at all times when engaging in the medical use of cannabis. (b) Registry identification cards…

(410 ILCS 130/75) Sec. 75. Notifications to Department of Public Health and responses; civil penalty. (a) The following notifications and Department of Public Health responses are required: (1) A registered qualifying patient shall notify the Department of Public Health of any ch…

(410 ILCS 130/80) Sec. 80. Preparation of cannabis infused products. (a) Notwithstanding any other provision of law, neither the Department of Public Health nor the Department of Agriculture nor the health department of a unit of local government may regulate the service of food …

(410 ILCS 130/85) Sec. 85. Issuance and denial of medical cannabis cultivation permit. (a) The Department of Agriculture may register up to 22 cultivation center registrations for operation. The Department of Agriculture may not issue more than one registration per each Illinois …

(410 ILCS 130/90) Sec. 90. Renewal of cultivation center registrations. (a) Registrations shall be renewed annually. The registered cultivation center shall receive written notice 90 days prior to the expiration of its current registration that the registration will expire. The D…