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1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Short title. This Act may be cited as the
5		Illinois Hemp Act.
6		Section 5. Definitions. As used in this Act:
7		"Cannabis" has the meaning given to that term in Section 3
8		of the Cannabis Control Act.
9		"Container" means the innermost wrapping, packaging, or
10		vessel in direct contact with a final hemp-derived cannabinoid
11		product in which the product is enclosed for retail sale to
12		consumers, such as a jar, bottle, bag, box, packet, can,
13		carton, or cartridge. "Container" includes any additional
14		information and specificity as published by the United States
15		Food and Drug Administration or may be changed by rule by the
16		Department of Agriculture. "Container" does not include bulk
17		shipping containers or outer wrappings that are not essential
18		for the final retail delivery or sale to an end consumer for
19		personal or household use.
20		"Department" means the Department of Agriculture.
21		"Director" means the Director of Agriculture.
22		"Final consumer hemp cannabinoid product" means a
23		consumable or topical hemp-derived cannabinoid product that is

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1		permitted to be sold to consumers in the State, that meets the
2		requirements of Section 35 of this Act, and that:
3		(1) does not contain any cannabinoids that are
4		incapable of being naturally produced by a Cannabis sativa
5		L. plant;
6		(2) does not contain any cannabinoids that are capable
7		of being naturally produced by a Cannabis sativa L. plant
8		but were synthesized or manufactured outside of the plant;
9		and
10		(3) does not contain more than a per-container total
11		of 0.4 milligrams of total tetrahydrocannabinols,
12		including tetrahydrocannabinolic acid and any other
13		cannabinoids that have similar effects or are marketed to
14		have similar effects on humans or animals as a
15		tetrahydrocannabinol as established under Section 15 of
16		this Act.
17		"Hemp" means the plant Cannabis sativa L. and any part of
18		that plant, including the seeds thereof and all derivatives,
19		extracts, cannabinoids, isomers, acids, salts, and salts of
20		isomers, whether growing or not, with a total
21		tetrahydrocannabinol concentration, including
22		tetrahydrocannabinolic acid, of not more than 0.3% on a
23		dry-weight basis. "Hemp" includes industrial hemp. "Hemp" does
24		not include any of the following:
25		(1) any viable seeds from a Cannabis sativa L. plant
26		that exceeds a total tetrahydrocannabinols concentration,

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1		including tetrahydrocannabinolic acid, of 0.3% in the
2		plant on a dry weight basis;
3		(2) any intermediate hemp-derived cannabinoid product
4		containing any of the following:
5		(A) cannabinoids that are incapable of being
6		naturally produced by a Cannabis sativa L. plant;
7		(B) cannabinoids that are capable of being
8		naturally produced by a Cannabis sativa L. plant but
9		were synthesized or manufactured outside the plant;
10		(C) more than a combined total
11		tetrahydrocannabinol concentration of 0.3%, including
12		tetrahydrocannabinolic acid and any other cannabinoids
13		that have similar effects or are marketed to have
14		similar effects on humans or animals as a
15		tetrahydrocannabinol, as established under Section 15
16		of this Act;
17		(3) any intermediate hemp-derived cannabinoid product
18		that is marketed or sold as a final product or marketed or
19		sold directly to an end consumer for personal or household
20		use; or
21		(4) any final hemp-derived cannabinoid product
22		containing any of the following:
23		(A) cannabinoids that are incapable of being
24		naturally produced by a Cannabis sativa L. plant;
25		(B) cannabinoids that are capable of being
26		naturally produced by a Cannabis sativa L. plant and

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1		were synthesized or manufactured outside the plant;
2		(C) more than a per-container total of 0.4
3		milligrams of total tetrahydrocannabinols, including
4		tetrahydrocannabinolic acid and any other cannabinoids
5		that have similar effects or are marketed to have
6		similar effects on humans or animals as a
7		tetrahydrocannabinol as established under Section 15
8		of this Act.
9		"Hemp cultivation licensee" means a person licensed by the
10		Department of Agriculture to cultivate hemp and industrial
11		hemp pursuant to this Act and federal law.
12		"Hemp-derived cannabinoid product" means any intermediate
13		or final product derived from hemp that contains cannabinoids
14		in any form and is intended for human or animal use through any
15		means of application or administration, including inhalation,
16		ingestion, or topical application.
17		"Hemp product manufacturer" means a facility operated by a
18		person licensed by the Department to obtain hemp or
19		intermediate hemp-derived cannabinoid product to manufacture
20		and produce hemp-derived cannabinoid products.
21		"Hemp production plan" means a plan submitted by the
22		Department to the Secretary of the United States Department of
23		Agriculture pursuant to the federal Agriculture Improvement
24		Act of 2018, Public Law 115-334, and consistent with the
25		Domestic Hemp Production Program established under 7 CFR Part
26		990, through which the Department establishes its authority to

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1		have primary regulatory authority over the production of hemp.
2		"Industrial hemp" means:
3		(1) hemp grown for the use of the stalk of the plant,
4		fiber produced from the stalk, or any other
5		non-cannabinoid derivative, mixture, preparation, or
6		manufacture of the stalk;
7		(2) hemp grown for the use of the whole grain, oil,
8		cake, nut, hull, or any other non-cannabinoid compound,
9		derivative, mixture, preparation, or manufacture of the
10		seeds of the plant;
11		(3) hemp grown for the purpose of producing
12		microgreens or other edible hemp leaf products intended
13		for human consumption that are derived from an immature
14		hemp plant grown from seeds that do not exceed 0.3% total
15		tetrahydrocannabinol;
16		(4) hemp that does not enter the stream of commerce
17		and is intended to support hemp research at an institution
18		of higher education, as defined in Section 101 of the
19		Higher Education Act of 1965 (20 U.S.C. 1001), or at an
20		independent research institute; or
21		(5) hemp grown for the production of a viable seed of
22		the plant produced solely for the production or
23		manufacture of any material described in paragraphs (1)
24		through (4).
25		"Industrial hemp product" means a product derived from
26		industrial hemp that does not contain cannabinoids.

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1		"Industrial hemp processor" means a facility that processes or
2		handles raw industrial hemp plant material.
3		"Intermediate hemp-derived cannabinoid product" means a
4		hemp-derived cannabinoid product that:
5		(1) is not yet in the final form or preparation
6		marketed or intended to be used or consumed by a human or
7		animal; or
8		(2) is a powder, liquid, tablet, oil, or other product
9		form that is intended or marketed to be mixed, dissolved,
10		formulated, or otherwise added to or prepared with or into
11		any other substance prior to administration or
12		consumption.
13		An intermediate hemp-derived cannabinoid product shall not
14		contain: (i) cannabinoids that are incapable of being
15		naturally produced by a Cannabis sativa L. plant; (ii)
16		cannabinoids that are capable of being naturally produced by a
17		Cannabis sativa L. plant but were synthesized or manufactured
18		outside of the plant; or (iii) more than a combined total
19		tetrahydrocannabinol concentration of 0.3%, including
20		tetrahydrocannabinolic acid and any other cannabinoids with
21		similar effects on humans or animals as tetrahydrocannabinol.
22		"Land area" means a farm, as defined in Section 1-60 of the
23		Property Tax Code, in this State or land or facilities under
24		the control of an institution of higher education.
25		"Person" means any individual, corporation, government or
26		governmental subdivision or agency, business trust, estate,

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1		trust, partnership, association, or any other entity.
2		Section 10. Prohibitions on the sale and distribution of
3		hemp products.
4		(a) No person may distribute or sell cannabis, hemp,
5		industrial hemp, or any product derived from cannabis, hemp,
6		or industrial hemp in this State, except as authorized under
7		the Cannabis Regulation and Tax Act, the Compassionate Use of
8		Medical Cannabis Act, or this Act, unless the product meets
9		the definition of a "final consumer hemp cannabinoid product"
10		or an "industrial hemp product".
11		(b) No person may manufacture or produce any product
12		derived from hemp or industrial hemp without first obtaining
13		an industrial hemp processor registration or a hemp product
14		manufacturer license under this Act.
15		Section 15. Cannabinoid lists.
16		(a) The following lists shall be used to determine what is
17		hemp and what products qualify as a final consumer hemp
18		cannabinoid product under this Act:
19		(1) Cannabinoids that are considered capable of being
20		naturally produced by a Cannabis sativa L. plant:
21		(A) Cannabigerol (CBG), which includes, but is not
22		limited to:
23		(i) CBGA (Cannabigerolic acid);
24		(ii) CBG (Cannabigerol);

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1		(iii) CBGVA (Cannabigerovarinic acid);
2		(iv) CBGV (Cannabigerovarin);
3		(B) Cannabidiol (CBD), which includes, but is not
4		limited to:
5		(i) CBDA (Cannabidiolic acid);
6		(ii) CBD (Cannabidiol);
7		(iii) CBDVA (Cannabidivarinic acid);
8		(iv) CBDV (Cannabidivarin);
9		(C) Delta 9-Tetrahydrocannabinol (THC), which
10		includes, but is not limited to:
11		(i) THCA (Delta 9-Tetrahydrocannabinolic
12		acid);
13		(ii) Delta 9-THC (Delta
14		9-Tetrahydrocannabinol);
15		(iii) THCVA (Tetrahydrocannabivarinic acid);
16		(iv) THCV (Tetrahydrocannabivarin);
17		(v) THCP (Tetrahydrocannabiphorol);
18		(D) Cannabichromene (CBC), which includes, but is
19		not limited to:
20		(i) CBCA (Cannabichromenic acid);
21		(ii) CBC (Cannabichromene);
22		(iii) CBCVA (Cannabichromevarinic acid);
23		(iv) CBCV (Cannabichromevarin);
24		(E) Natural degradation and artifact subclasses,
25		which include, but are not limited to:
26		(i) CBN (Cannabinol);

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1		(ii) CBNA (Cannabinolic acid);
2		(iii) CBLA (Cannabicyclolic acid);
3		(iv) CBL (Cannabicyclol);
4		(v) CBE (Cannabielsoin);
5		(vi) CBT (Cannabitriol);
6		(vii) HHC (Hexahydrocannabinol);
7		(F) Minor natural isomers and trace compounds,
8		which include, but are not limited to:
9		(i) Delta-8 THC (Delta
10		8-Tetrahydrocannabinol);
11		(ii) Delta-10 THC (Delta
12		10-Tetrahydrocannabinol);
13		(iii) exo-THC (Delta
14		9,11-Tetrahydrocannabinol);
15		(iv) THCA (Tetrahydrocannabinolic acid);
16		(v) THC-C1 (Tetrahydrocannabiorcol); and
17		(G) All cannabinoids that appear on a list of
18		cannabinoids that are known to the federal Food and
19		Drug Administration to be capable of being naturally
20		produced by a Cannabis sativa L. plant, as reflected
21		in peer reviewed literature, and that is published by
22		the federal Food and Drug Administration pursuant to 7
23		U.S.C. 1639o.
24		(2) Cannabinoids that are tetrahydrocannabinol class
25		cannabinoids known to be naturally occurring in the
26		Cannabis sativa L. plant:

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1		(A) THCA (Delta 9-Tetrahydrocannabinolic acid);
2		(B) THC (Delta 9-Tetrahydrocannabinol);
3		(C) THCV (Tetrahydrocannabivarin);
4		(D) THCVA (Tetrahydrocannabivarin acid);
5		(E) THCP (Tetrahydrocannabiphorol); and
6		(F) All tetrahydrocannabinol class cannabinoids
7		that appear on a list of tetrahydrocannabinol class
8		cannabinoids that are known to the federal Food and
9		Drug Administration to be naturally occurring in the
10		Cannabis sativa L. plant and that are published by the
11		federal Food and Drug Administration pursuant to 7
12		U.S.C. 1639o.
13		(3) Cannabinoids that are known to have similar
14		effects to, or marketed to have similar effects to,
15		tetrahydrocannabinol class cannabinoids:
16		(A) Delta-5 THC (Delta-5 tetrahydrocannabinol);
17		(B) Delta-6 THC (Delta-6 tetrahydrocannabinol);
18		(C) Delta-7 THC (Delta 7-Tetrahydrocannabinol);
19		(D) Delta-8 THC (Delta 8-Tetrahydrocannabinol);
20		(E) Delta-10 THC (Delta 10-Tetrahydrocannabinol);
21		(F) Delta-6a10a THC (often sold as Delta-3 THC);
22		(G) Delta 10a THC (Delta 10-Tetrahydrocannabinol
23		acid);
24		(H) Delta-11 THC (Delta-11tetrahydrocannabinol)
25		(I) HHC (Hexahydrocannabinol);
26		(J) HHCP (Hexahydrocannabiphorol);

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1		(K) HHCH (Hexahydrocannabihexol);
2		(L) exo-THC (Delta 9,11-Tetrahydrocannabinol);
3		(M) THCP (Tetrahydrocannabiphorol);
4		(N) THCB (Tetrahydrocannabutol);
5		(O) THCH (Tetrahydrocannabihexol);
6		(P) THC-O-Acetate (Delta-9-Tetrahydrocannabinol
7		acetate, THC-O/ATHC);
8		(Q) HHC-O-Acetate (Hexahydrocannabinol O acetate,
9		HHC-O);
10		(R) THCP-O
11		(Delta-9-Tetrahydrocannabiphorol-O-acetate);
12		(S) THCJD (Tetrahydrocannabioctyl); and
13		(T) All tetrahydrocannabinol class cannabinoids
14		that appear on a list of cannabinoids that are known to
15		the federal Food and Drug Administration to have
16		similar effects to, or marketed to have similar
17		effects to, tetrahydrocannabinol class cannabinoids
18		and that is published by the federal Food and Drug
19		Administration pursuant to 7 U.S.C. 1639o.
20		(b) The Department, by rule, may add, change, or remove
21		any of the items included in the lists established in this
22		Section.
23		(c) The Department shall publish any updates to the list,
24		including any federal additions, on its website.
25		Section 20. Hemp and industrial hemp cultivation.

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1		(a) No person shall cultivate hemp or industrial hemp in
2		this State without a hemp cultivation license issued by the
3		Department.
4		(b) An application for a cultivation license shall
5		include:
6		(1) the name and address of the applicant; and
7		(2) the legal description of the land area to be used
8		to cultivate hemp, including Global Positioning System
9		coordinates.
10		(c) The Department may determine, by rule, the duration of
11		a cultivation license, applicable license fees, and the
12		requirements for license renewal.
13		(d) The Department shall submit to the Secretary of the
14		United States Department of Agriculture a hemp production plan
15		under which the Department monitors and regulates the
16		cultivation of hemp and industrial hemp in this State. The
17		Department shall adopt rules incorporating the hemp production
18		plan, including application and licensing requirements.
19		(e) The Department may conduct inspections of hemp
20		cultivation licensees at the Department's discretion.
21		(f) The Department shall adopt rules necessary for the
22		administration and enforcement of this Act in accordance with
23		all applicable State and federal laws and regulations,
24		including rules governing standards and criteria for licensure
25		and registration, payment of applicable fees, required
26		signage, and forms required for the administration of this

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1		Act.
2		(g) The Department shall adopt rules for the testing of
3		hemp THC levels and the disposal of plant matter exceeding
4		lawful THC levels, including an option for a cultivator to
5		request a retest for a minor violation, with the retest
6		threshold determined by the Department and set by rule.
7		(h) The Department may impose fines, not to exceed
8		$10,000, on hemp cultivation licensees for violations of this
9		Act and rules.
10		(i) The Department's rules that are related to the
11		cultivation of industrial hemp and adopted under the
12		Industrial Hemp Act shall remain in effect until superseded by
13		rules adopted under this Act. Upon the effective date of this
14		Act, hemp cultivation licensees under the Industrial Hemp Act
15		shall be automatically licensed under this Act subject to the
16		existing renewal period.
17		Section 25. Industrial hemp processing.
18		(a) Any person that processes or handles raw industrial
19		hemp plant material to create a product not intended for human
20		or animal consumption shall obtain an industrial hemp
21		processor registration. The license application shall be on a
22		form prescribed by the Department and shall contain the name
23		of the licensee, the location of the processing facility, and
24		a list of products to be produced by the industrial hemp
25		processor.

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1		(b) The Department may adopt rules regulating industrial
2		hemp processing. The Department may also inspect industrial
3		hemp processing facilities and, if necessary, collect samples
4		for testing at its discretion.
5		(c) An industrial hemp processor shall only create
6		products derived from industrial hemp and shall not create any
7		product that contains cannabinoids. The Department may revoke
8		the license of an industrial hemp processor that violates this
9		subsection.
10		(d) An industrial hemp processor license shall be valid
11		for 2 years and shall be subject to a fee of $200.
12		(e) Industrial hemp processor registrants under the
13		Industrial Hemp Act shall be required to obtain an industrial
14		hemp processor license or a hemp product manufacturing license
15		under this Act. Industrial hemp processor registrants under
16		the Industrial Hemp Act may request a prorated refund of the
17		registration fee submitted under that Act.
18		Section 30. Intermediate hemp products and hemp product
19		manufacturing.
20		(a) Any person that processes or handles hemp (other than
21		industrial hemp) or intermediate hemp-derived cannabinoid
22		products shall obtain a hemp product manufacturer license from
23		the Department.
24		(b) Hemp product manufacturers shall obtain hemp only from
25		hemp growers licensed by the United States Department of

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1		Agriculture or an approved State or tribal hemp program and
2		may only produce products that are permitted to be sold under
3		federal or State law. Hemp product manufacturers shall not
4		sell any products that do not comply with the requirements of
5		the jurisdiction in which they are sold.
6		(c) A hemp product manufacturer shall only produce
7		products that meet the definition of hemp, intermediate
8		hemp-derived cannabinoid product, or final consumer hemp
9		cannabinoid product. A hemp product manufacturer shall not
10		create artificially derived cannabinoids.
11		(d) An application for licensure shall be submitted to the
12		Department on a form prescribed by the Department and shall
13		include, but shall not be limited to:
14		(1) the entity name, address, email address, and
15		telephone number of the applicant;
16		(2) identification of the facility to be used;
17		separate licenses are required for separate facilities;
18		(3) a copy of the applicable local zoning ordinance
19		and verification that the facility location is not in an
20		area zoned for residential use and complies with local
21		zoning rules and distance limitations established by the
22		local jurisdiction;
23		(4) identification of an authorized point of contact
24		for interactions with the Department; and
25		(5) a list of all operations and processes to be
26		conducted at the facility; licensees shall keep this list

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1		current at all times.
2		(e) The Department shall inspect the facility to assess
3		whether the facility is suitable for operations prior to
4		issuing a license. A license is valid only for the location
5		listed in the application. A new application is required for
6		each new location.
7		(f) A hemp product manufacturer shall operate under the
8		supervision of a food service sanitation manager certified by
9		the Department of Public Health.
10		(g) The facility shall be in compliance with the Illinois
11		Food, Drug, and Cosmetic Act, the Sanitary Food Preparation
12		Act, and the Food Handling Regulation Enforcement Act.
13		(h) A hemp product manufacturer may perform hemp
14		extraction to create hemp concentrate that meets the
15		definition of an intermediate hemp-derived cannabinoid product
16		upon approval by the Department. The hemp product manufacturer
17		shall provide in its application and keep up to date all
18		methods of extraction and concentration that the manufacturer
19		will use and identify the chemicals, if any, that will be used.
20		All extraction methods and chemicals shall be approved by the
21		Department. The Department shall adopt rules regulating hemp
22		extraction, which shall include, at a minimum, an annual
23		inspection by a professional engineer. Extraction equipment
24		and processing sites shall be designed, installed, and
25		maintained in accordance with codes of recognized and
26		generally accepted good engineering practices, such as the

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1		National Fire Protection Association (NFPA), International
2		Fire Code (IFC), American Society of Mechanical Engineers
3		(ASME), and Underwriters Laboratories (UL).
4		(i) A hemp product manufacturer must comply with State and
5		local building, fire, and zoning codes, requirements, and
6		regulations.
7		(j) The Department may adopt rules that set facility
8		standards and specifications, application requirements,
9		production standards, security requirements, and any other
10		requirements to ensure a safe and compliant facility.
11		(k) Hemp product manufacturing licenses shall be valid for
12		2 years and be subject to a license fee of $5,000. The
13		Department shall waive the fee for any public institution of
14		higher education, as defined in the Public Higher Education
15		Act.
16		(l) The Department may impose fines, not to exceed
17		$10,000, on hemp product manufacturers for violation of this
18		Act and rules.
19		Section 35. Final consumer hemp products.
20		(a) All final consumer hemp cannabinoid products
21		distributed, sold, or offered for sale in this State shall
22		meet the following minimum requirements:
23		(1) the product shall meet the definition of "final
24		consumer hemp cannabinoid product";
25		(2) the product shall not contain liquor, wine, beer,

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1		or cider, or otherwise meet the definition of "alcoholic
2		liquor" under the Liquor Control Act of 1934;
3		(3) the product shall not contain tobacco or nicotine;
4		(4) the product shall consist of a consumable or
5		topical product, such as an edible food or beverage, and
6		shall not be intended to be smoked or vaped or otherwise
7		meet the definition of electronic cigarette as defined by
8		the Tobacco Products Tax Act of 1995;
9		(5) the product shall contain only ingredients that
10		are generally recognized as safe (GRAS) for use in food or
11		are approved food additives under the Federal Food, Drug,
12		and Cosmetic Act, unless otherwise authorized by the
13		Department by rule; and
14		(6) the product shall be prepackaged and shall not be
15		added to food or any other consumable product at the point
16		of sale.
17		(b) Prior to sale to the public, a representative sample
18		of each lot shall be tested by a laboratory approved by the
19		Department under the Cannabis Regulation and Tax Act. The
20		representative sample shall be tested for all tests required
21		under 8 Ill. Admin. Code 1300.700, or the Department may set
22		alternative testing standards by rule under this Act. The
23		Department may also conduct testing of any product purported
24		to be a final consumer hemp cannabinoid product. A current
25		certificate of analysis shall be made available to the
26		Department, to any retailer carrying the product, and to

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1		consumers via a scannable code or link on the product label.
2		(c) Every hemp-derived product offered for sale shall bear
3		a label containing, at a minimum:
4		(1) the product name;
5		(2) the net weight or volume;
6		(3) a complete and accurate list of all ingredients in
7		descending order of predominance;
8		(4) the identity and quantity of each cannabinoid
9		present in the product at a level above 0.4 milligrams,
10		expressed in milligrams per serving and per container;
11		(5) the number of servings per container;
12		(6) the batch or lot number;
13		(7) the name, business address, and contact
14		information of the manufacturer or distributor;
15		(8) an expiration or use by date; and
16		(9) a quick response (QR) or equivalent scannable code
17		or website linking to the certificate of analysis for the
18		batch.
19		The Department may make modifications and additions to
20		these requirements by rule.
21		(d) All final hemp consumer cannabinoid products shall be
22		sold in a container as defined by this Act. Each container
23		shall be individually wrapped or packaged at the original
24		point of preparation. Any product containing hemp shall be
25		packaged in a sealed, child-resistant container that complies
26		with current standards, including the Consumer Product Safety

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1		Commission standards referenced in the federal Poison
2		Prevention Packaging Act or any other requirement set by the
3		Department by rule.
4		(e) Labels and Packaging must not contain information
5		that:
6		(1) is false or misleading or includes a
7		representation that the product is a cannabis product;
8		(2) promotes excessive consumption;
9		(3) includes any image designed or likely to appeal to
10		minors, including cartoons, fruit, toys, animals, or
11		children, or any other likeness to images, characters, or
12		phrases used to advertise to children;
13		(4) imitates the trade dress, name, or packaging of
14		any commercial non-cannabis or non-hemp food, candy,
15		beverage, or product primarily marketed to children;
16		(5) contains any seal, flag, crest, coat of arms, or
17		other insignia likely to mislead a purchaser into
18		believing the product has been endorsed, made, or used by
19		the State of Illinois or any of its representatives,
20		except where authorized by this Act;
21		(6) misstates or omits cannabinoid content or
22		ingredients; or
23		(7) makes health claims.
24		(f) Labeling and packaging requirements may be modified by
25		the Department by rule.
26		(g) The Department may issue a mandatory recall for any

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1		product or product line found to be in violation of any
2		provision of this Section.
3		Section 40. Violations.
4		(a) A person or retailer that sells, offers for sale,
5		distributes, or holds for sale a final consumer hemp
6		cannabinoid product that does not comply with any requirement
7		of this Act or any rule adopted under this Act commits a
8		violation of this Act. Products derived from the plant
9		Cannabis sativa L. that do not meet the definition of hemp or
10		hemp-derived cannabinoid product are considered cannabis as
11		defined by the Cannabis Regulation and Tax Act and Cannabis
12		Control Act. Nothing in this Act limits the authority of any
13		other State agency or unit of local government to inspect a
14		person or retailer subject to this Act or to enforce other
15		applicable laws.
16		(b) The Department of Agriculture, Department of Financial
17		and Professional Regulation, Department of Public Health,
18		Illinois State Police, Department of Revenue, and the unit of
19		local government where the premises are located may, during
20		ordinary business hours, enter and inspect any premises where
21		hemp-derived cannabinoid products or final consumer hemp
22		cannabinoid products are sold, offered for sale, stored, or
23		distributed. Refusal to permit inspection constitutes a
24		separate violation subject to a fine under Section 45.

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1		Section 45. Penalties. Upon a finding that a person or
2		retailer has violated this Act, the Department may impose
3		fines as follows:
4		(1) for a first violation within a 24-month period, a
5		fine not to exceed $500;
6		(2) for a second violation within a 24-month period, a
7		fine not to exceed $750; and
8		(3) for a third or subsequent violation within a
9		24-month period, a fine not to exceed $1,000.
10		Fines imposed under this subsection are in addition to,
11		and not in lieu of, any other civil, criminal, or
12		administrative remedy available under this Act or any other
13		law. All penalties collected shall be deposited into the
14		Illinois Hemp Regulatory Fund.
15		Section 50. Cease and desist orders; mandatory recalls;
16		consumer fraud.
17		(a) The Director may issue a cease and desist order to any
18		person doing business without the required license or when in
19		the opinion of the Director the person is violating or is about
20		to violate any provision of this Act or any rule or requirement
21		imposed in writing by the Department, including the sale of
22		products not in compliance with this Act. The cease and desist
23		order permitted by this Section may be issued before a
24		hearing.
25		(b) The Director shall serve notice of the Director's

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1		action, including, but not limited to, a statement of the
2		reasons for the action, either personally, or by certified
3		mail, or by regular mail. Service by certified or regular mail
4		shall be deemed completed when the notice is deposited in the
5		U.S. Mail.
6		(c) Within 10 calendar days after service of the cease and
7		desist order, the licensee or other person may request a
8		hearing in writing. The Director shall schedule a hearing
9		within 90 days after the request for a hearing unless
10		otherwise agreed to by the parties.
11		(d) If it is determined that the Director had the
12		authority to issue the cease and desist order, the Director
13		may issue such orders as may be reasonably necessary to
14		correct, eliminate, or remedy the conduct.
15		(e) The Director may seek to compel compliance with the
16		Cease and Desist Order in the circuit court through the
17		Attorney General's Office. Any person in violation of a cease
18		and desist order issued by the Department is subject to all
19		penalties provided by law.
20		(f) The powers vested in the Director by this Section are
21		in addition to any and all other powers and remedies vested in
22		the Director by law, and nothing in this Section shall be
23		construed as requiring that the Director shall employ the
24		power conferred in this Section instead of or as a condition
25		precedent to the exercise of any other power or remedy vested
26		in the Director.

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1		(g) Whenever the Department issues a mandatory recall
2		under this Act, every person or retailer in possession of the
3		recalled product shall, within the time specified in the
4		recall order, remove the product from sale, segregate it from
5		compliant inventory, and either return it to the manufacturer
6		or distributor or hold it for destruction in accordance with
7		Department instructions. A person or retailer that fails to
8		comply with a mandatory recall order is subject to a civil
9		penalty under rules adopted by the Department for each day the
10		violation continues, and each non-compliant product retained
11		in violation of the order constitutes a separate violation.
12		(h) When a product recalled under this Section has been
13		finally determined by the Department to be non-compliant, the
14		Director may petition the circuit court of the county in which
15		the product is located for an order condemning the product and
16		directing its destruction or other lawful disposition at the
17		expense of the person or retailer in possession.
18		(i) The Department may adopt rules necessary to administer
19		and enforce this Section, including rules establishing a
20		schedule of presumptive civil penalties, procedures for
21		stop-sale orders and embargoes, standards for manufacturer
22		certifications of compliance, and procedures for mandatory
23		recalls.
24		(j) The Attorney General may also enforce a violation of
25		this Act as an unlawful practice under the Consumer Fraud and
26		Deceptive Business Practices Act.

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1		Section 55. Illinois Hemp Regulatory Fund. There is
2		created in the State treasury a special fund to be known as the
3		Illinois Hemp Regulatory Fund. All fees and fines collected by
4		the Department under this Act shall be deposited into the
5		Fund. Moneys in the Illinois Hemp Regulatory Fund shall be
6		used by the Department for the purposes of implementing,
7		administering, and enforcing this Act.
8		Notwithstanding any other provision of law, in addition to
9		any other transfers that may be provided by law, on November
10		12, 2026, or as soon thereafter as practical, the State
11		Comptroller shall direct and the State Treasurer shall
12		transfer the remaining balance from the Industrial Hemp
13		Regulatory Fund into the Illinois Hemp Regulatory Fund. Upon
14		completion of the transfers, the Industrial Hemp Regulatory
15		Fund is dissolved, and any future deposits due to that Fund and
16		any outstanding obligations or liabilities of that Fund pass
17		to the Illinois Hemp Regulatory Fund.
18		Section 60. Immunity. Except for willful or wanton
19		misconduct, a person employed by the Department shall not be
20		subject to criminal or civil liability for taking any action
21		under this Act within the scope of his or her employment.
22		Representation and indemnification of Department employees
23		shall be provided as set forth in Section 2 of the State
24		Employee Indemnification Act.

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1		Section 65. Construction.
2		(a) Nothing in this Act shall be construed to authorize
3		any person to violate any federal rule, regulation, or law.
4		If, as of November 13, 2026, this Act conflicts with the
5		statutory text of 7 U.S.C. 1639p, the federal provision, as of
6		November 13, 2026, shall control to the extent of the
7		conflict.
8		(b) Nothing in this Act shall prohibit the transportation
9		or shipment of hemp or hemp products produced in accordance
10		with subtitle G of the Agricultural Marketing Act of 1946 (7
11		U.S.C. 1639o et seq.) through the State.
12		Section 70. Home Rule. A home rule unit may not regulate
13		hemp in a manner less restrictive than the regulation of hemp
14		under this Act. This Section is a limitation under subsection
15		(i) of Section 6 of Article VII of the Illinois Constitution on
16		the concurrent exercise by home rule units of powers and
17		functions exercised by the State.
18		Section 100. The Department of Professional Regulation Law
19		of the Civil Administrative Code of Illinois is amended by
20		changing Section 2105-117 as follows:
21		(20 ILCS 2105/2105-117)
22		Sec. 2105-117. Confidentiality. All information collected

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1		by the Department in the course of an examination or
2		investigation of a licensee, registrant, or applicant,
3		including, but not limited to, any complaint against a
4		licensee or registrant filed with the Department and
5		information collected to investigate any such complaint, shall
6		be maintained for the confidential use of the Department and
7		shall not be disclosed. The Department may not disclose the
8		information to anyone other than law enforcement officials,
9		other regulatory agencies that have an appropriate regulatory
10		interest as determined by the Director, the Office of the
11		Executive Inspector General, or a party presenting a lawful
12		subpoena to the Department. Information and documents
13		disclosed to a federal, State, county, or local law
14		enforcement agency, including the Office of the Executive
15		Inspector General, shall not be disclosed by the agency for
16		any purpose to any other agency or person, except as necessary
17		to those involved in enforcing the State Officials and
18		Employees Ethics Act. A formal complaint filed against a
19		licensee or registrant by the Department or any order issued
20		by the Department against a licensee, registrant, or applicant
21		shall be a public record, except as otherwise prohibited by
22		law.
23		(Source: P.A. 99-227, eff. 8-3-15.)
24		Section 105. The Criminal Identification Act is amended by
25		changing Section 5.2 as follows:

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1		(20 ILCS 2630/5.2)
2		(Text of Section before amendment by P.A. 104-459)
3		Sec. 5.2. Expungement, sealing, and immediate sealing.
4		(a) General Provisions.
5		(1) Definitions. In this Act, words and phrases have
6		the meanings set forth in this subsection, except when a
7		particular context clearly requires a different meaning.
8		(A) The following terms shall have the meanings
9		ascribed to them in the following Sections of the
10		Unified Code of Corrections:
11		Business Offense, Section 5-1-2.
12		Charge, Section 5-1-3.
13		Court, Section 5-1-6.
14		Defendant, Section 5-1-7.
15		Felony, Section 5-1-9.
16		Imprisonment, Section 5-1-10.
17		Judgment, Section 5-1-12.
18		Misdemeanor, Section 5-1-14.
19		Offense, Section 5-1-15.
20		Parole, Section 5-1-16.
21		Petty Offense, Section 5-1-17.
22		Probation, Section 5-1-18.
23		Sentence, Section 5-1-19.
24		Supervision, Section 5-1-21.
25		Victim, Section 5-1-22.

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1		(B) As used in this Section, "charge not initiated
2		by arrest" means a charge (as defined by Section 5-1-3
3		of the Unified Code of Corrections) brought against a
4		defendant where the defendant is not arrested prior to
5		or as a direct result of the charge.
6		(C) "Conviction" means a judgment of conviction or
7		sentence entered upon a plea of guilty or upon a
8		verdict or finding of guilty of an offense, rendered
9		by a legally constituted jury or by a court of
10		competent jurisdiction authorized to try the case
11		without a jury. An order of supervision successfully
12		completed by the petitioner is not a conviction. An
13		order of qualified probation (as defined in subsection
14		(a)(1)(J)) successfully completed by the petitioner is
15		not a conviction. An order of supervision or an order
16		of qualified probation that is terminated
17		unsatisfactorily is a conviction, unless the
18		unsatisfactory termination is reversed, vacated, or
19		modified and the judgment of conviction, if any, is
20		reversed or vacated.
21		(D) "Criminal offense" means a petty offense,
22		business offense, misdemeanor, felony, or municipal
23		ordinance violation (as defined in subsection
24		(a)(1)(H)). As used in this Section, a minor traffic
25		offense (as defined in subsection (a)(1)(G)) shall not
26		be considered a criminal offense.

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1		(E) "Expunge" means to physically destroy the
2		records or return them to the petitioner and to
3		obliterate the petitioner's name from any official
4		index or public record, or both. Nothing in this Act
5		shall require the physical destruction of the circuit
6		court file, but such records relating to arrests or
7		charges, or both, ordered expunged shall be impounded
8		as required by subsections (d)(9)(A)(ii) and
9		(d)(9)(B)(ii).
10		(F) As used in this Section, "last sentence" means
11		the sentence, order of supervision, or order of
12		qualified probation (as defined by subsection
13		(a)(1)(J)), for a criminal offense (as defined by
14		subsection (a)(1)(D)) that terminates last in time in
15		any jurisdiction, regardless of whether the petitioner
16		has included the criminal offense for which the
17		sentence or order of supervision or qualified
18		probation was imposed in his or her petition. If
19		multiple sentences, orders of supervision, or orders
20		of qualified probation terminate on the same day and
21		are last in time, they shall be collectively
22		considered the "last sentence" regardless of whether
23		they were ordered to run concurrently.
24		(G) "Minor traffic offense" means a petty offense,
25		business offense, or Class C misdemeanor under the
26		Illinois Vehicle Code or a similar provision of a

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1		municipal or local ordinance.
2		(G-5) "Minor Cannabis Offense" means a violation
3		of Section 4 or 5 of the Cannabis Control Act
4		concerning not more than 60 30 grams of any substance
5		containing cannabis, provided the violation did not
6		include a penalty enhancement under Section 7 of the
7		Cannabis Control Act and is not associated with an
8		arrest, conviction or other disposition for a violent
9		crime as defined in subsection (c) of Section 3 of the
10		Rights of Crime Victims and Witnesses Act.
11		(H) "Municipal ordinance violation" means an
12		offense defined by a municipal or local ordinance that
13		is criminal in nature and with which the petitioner
14		was charged or for which the petitioner was arrested
15		and released without charging.
16		(I) "Petitioner" means an adult or a minor
17		prosecuted as an adult who has applied for relief
18		under this Section.
19		(J) "Qualified probation" means an order of
20		probation under Section 10 of the Cannabis Control
21		Act, Section 410 of the Illinois Controlled Substances
22		Act, Section 70 of the Methamphetamine Control and
23		Community Protection Act, Section 5-6-3.3 or 5-6-3.4
24		of the Unified Code of Corrections, Section
25		12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
26		those provisions existed before their deletion by

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1		Public Act 89-313), Section 10-102 of the Illinois
2		Alcoholism and Other Drug Dependency Act, Section
3		40-10 of the Substance Use Disorder Act, or Section 10
4		of the Steroid Control Act. For the purpose of this
5		Section, "successful completion" of an order of
6		qualified probation under Section 10-102 of the
7		Illinois Alcoholism and Other Drug Dependency Act and
8		Section 40-10 of the Substance Use Disorder Act means
9		that the probation was terminated satisfactorily and
10		the judgment of conviction was vacated.
11		(K) "Seal" means to physically and electronically
12		maintain the records, unless the records would
13		otherwise be destroyed due to age, but to make the
14		records unavailable without a court order, subject to
15		the exceptions in Sections 12 and 13 of this Act. The
16		petitioner's name shall also be obliterated from the
17		official index required to be kept by the circuit
18		court clerk under Section 16 of the Clerks of Courts
19		Act, but any index issued by the circuit court clerk
20		before the entry of the order to seal shall not be
21		affected.
22		(L) "Sexual offense committed against a minor"
23		includes, but is not limited to, the offenses of
24		indecent solicitation of a child or criminal sexual
25		abuse when the victim of such offense is under 18 years
26		of age.

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1		(M) "Terminate" as it relates to a sentence or
2		order of supervision or qualified probation includes
3		either satisfactory or unsatisfactory termination of
4		the sentence, unless otherwise specified in this
5		Section. A sentence is terminated notwithstanding any
6		outstanding financial legal obligation.
7		(2) Minor Traffic Offenses. Orders of supervision or
8		convictions for minor traffic offenses shall not affect a
9		petitioner's eligibility to expunge or seal records
10		pursuant to this Section.
11		(2.5) Commencing 180 days after July 29, 2016 (the
12		effective date of Public Act 99-697), the law enforcement
13		agency issuing the citation shall automatically expunge,
14		on or before January 1 and July 1 of each year, the law
15		enforcement records of a person found to have committed a
16		civil law violation of subsection (a) of Section 4 of the
17		Cannabis Control Act or subsection (c) of Section 3.5 of
18		the Drug Paraphernalia Control Act in the law enforcement
19		agency's possession or control and which contains the
20		final satisfactory disposition which pertain to the person
21		issued a citation for that offense. The law enforcement
22		agency shall provide by rule the process for access,
23		review, and to confirm the automatic expungement by the
24		law enforcement agency issuing the citation. Commencing
25		180 days after July 29, 2016 (the effective date of Public
26		Act 99-697), the clerk of the circuit court shall expunge,

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1		upon order of the court, or in the absence of a court order
2		on or before January 1 and July 1 of each year, the court
3		records of a person found in the circuit court to have
4		committed a civil law violation of subsection (a) of
5		Section 4 of the Cannabis Control Act or subsection (c) of
6		Section 3.5 of the Drug Paraphernalia Control Act in the
7		clerk's possession or control and which contains the final
8		satisfactory disposition which pertain to the person
9		issued a citation for any of those offenses.
10		(3) Exclusions. Except as otherwise provided in
11		subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
12		of this Section, the court shall not order:
13		(A) the sealing or expungement of the records of
14		arrests or charges not initiated by arrest that result
15		in an order of supervision for or conviction of: (i)
16		any sexual offense committed against a minor; (ii)
17		Section 11-501 of the Illinois Vehicle Code or a
18		similar provision of a local ordinance; or (iii)
19		Section 11-503 of the Illinois Vehicle Code or a
20		similar provision of a local ordinance, unless the
21		arrest or charge is for a misdemeanor violation of
22		subsection (a) of Section 11-503 or a similar
23		provision of a local ordinance, that occurred prior to
24		the offender reaching the age of 25 years and the
25		offender has no other conviction for violating Section
26		11-501 or 11-503 of the Illinois Vehicle Code or a

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1		similar provision of a local ordinance.
2		(B) the sealing or expungement of records of minor
3		traffic offenses (as defined in subsection (a)(1)(G)),
4		unless the petitioner was arrested and released
5		without charging.
6		(C) the sealing of the records of arrests or
7		charges not initiated by arrest which result in an
8		order of supervision or a conviction for the following
9		offenses:
10		(i) offenses included in Article 11 of the
11		Criminal Code of 1961 or the Criminal Code of 2012
12		or a similar provision of a local ordinance,
13		except Section 11-14 and a misdemeanor violation
14		of Section 11-30 of the Criminal Code of 1961 or
15		the Criminal Code of 2012, or a similar provision
16		of a local ordinance;
17		(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
18		26-5, or 48-1 of the Criminal Code of 1961 or the
19		Criminal Code of 2012, or a similar provision of a
20		local ordinance;
21		(iii) Section 12-3.1 or 12-3.2 of the Criminal
22		Code of 1961 or the Criminal Code of 2012, or
23		Section 125 of the Stalking No Contact Order Act,
24		or Section 219 of the Civil No Contact Order Act,
25		or a similar provision of a local ordinance;
26		(iv) Class A misdemeanors or felony offenses

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1		under the Humane Care for Animals Act; or
2		(v) any offense or attempted offense that
3		would subject a person to registration under the
4		Sex Offender Registration Act.
5		(D) (blank).
6		(b) Expungement.
7		(1) A petitioner may petition the circuit court to
8		expunge the records of his or her arrests and charges not
9		initiated by arrest when each arrest or charge not
10		initiated by arrest sought to be expunged resulted in: (i)
11		acquittal, dismissal, or the petitioner's release without
12		charging, unless excluded by subsection (a)(3)(B); (ii) a
13		conviction which was vacated or reversed, unless excluded
14		by subsection (a)(3)(B); (iii) an order of supervision and
15		such supervision was successfully completed by the
16		petitioner, unless excluded by subsection (a)(3)(A) or
17		(a)(3)(B); or (iv) an order of qualified probation (as
18		defined in subsection (a)(1)(J)) and such probation was
19		successfully completed by the petitioner.
20		(1.5) When a petitioner seeks to have a record of
21		arrest expunged under this Section, and the offender has
22		been convicted of a criminal offense, the State's Attorney
23		may object to the expungement on the grounds that the
24		records contain specific relevant information aside from
25		the mere fact of the arrest.
26		(2) Time frame for filing a petition to expunge.

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1		(A) When the arrest or charge not initiated by
2		arrest sought to be expunged resulted in an acquittal,
3		dismissal, the petitioner's release without charging,
4		or the reversal or vacation of a conviction, there is
5		no waiting period to petition for the expungement of
6		such records.
7		(A-5) In anticipation of the successful completion
8		of a problem-solving court, pre-plea diversion, or
9		post-plea diversion program, a petition for
10		expungement may be filed 61 days before the
11		anticipated dismissal of the case or any time
12		thereafter. Upon successful completion of the program
13		and dismissal of the case, the court shall review the
14		petition of the person graduating from the program and
15		shall grant expungement if the petitioner meets all
16		requirements as specified in any applicable statute.
17		(B) When the arrest or charge not initiated by
18		arrest sought to be expunged resulted in an order of
19		supervision, successfully completed by the petitioner,
20		the following time frames will apply:
21		(i) Those arrests or charges that resulted in
22		orders of supervision under Section 3-707, 3-708,
23		3-710, or 5-401.3 of the Illinois Vehicle Code or
24		a similar provision of a local ordinance, or under
25		Section 11-1.50, 12-3.2, or 12-15 of the Criminal
26		Code of 1961 or the Criminal Code of 2012, or a

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1		similar provision of a local ordinance, shall not
2		be eligible for expungement until 5 years have
3		passed following the satisfactory termination of
4		the supervision.
5		(i-5) Those arrests or charges that resulted
6		in orders of supervision for a misdemeanor
7		violation of subsection (a) of Section 11-503 of
8		the Illinois Vehicle Code or a similar provision
9		of a local ordinance, that occurred prior to the
10		offender reaching the age of 25 years and the
11		offender has no other conviction for violating
12		Section 11-501 or 11-503 of the Illinois Vehicle
13		Code or a similar provision of a local ordinance
14		shall not be eligible for expungement until the
15		petitioner has reached the age of 25 years.
16		(ii) Those arrests or charges that resulted in
17		orders of supervision for any other offenses shall
18		not be eligible for expungement until 2 years have
19		passed following the satisfactory termination of
20		the supervision.
21		(C) When the arrest or charge not initiated by
22		arrest sought to be expunged resulted in an order of
23		qualified probation, successfully completed by the
24		petitioner, such records shall not be eligible for
25		expungement until 5 years have passed following the
26		satisfactory termination of the probation.

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1		(3) Those records maintained by the Illinois State
2		Police for persons arrested prior to their 17th birthday
3		shall be expunged as provided in Section 5-915 of the
4		Juvenile Court Act of 1987.
5		(4) Whenever a person has been arrested for or
6		convicted of any offense, in the name of a person whose
7		identity he or she has stolen or otherwise come into
8		possession of, the aggrieved person from whom the identity
9		was stolen or otherwise obtained without authorization,
10		upon learning of the person having been arrested using his
11		or her identity, may, upon verified petition to the chief
12		judge of the circuit wherein the arrest was made, have a
13		court order entered nunc pro tunc by the Chief Judge to
14		correct the arrest record, conviction record, if any, and
15		all official records of the arresting authority, the
16		Illinois State Police, other criminal justice agencies,
17		the prosecutor, and the trial court concerning such
18		arrest, if any, by removing his or her name from all such
19		records in connection with the arrest and conviction, if
20		any, and by inserting in the records the name of the
21		offender, if known or ascertainable, in lieu of the
22		aggrieved's name. The records of the circuit court clerk
23		shall be sealed until further order of the court upon good
24		cause shown and the name of the aggrieved person
25		obliterated on the official index required to be kept by
26		the circuit court clerk under Section 16 of the Clerks of

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1		Courts Act, but the order shall not affect any index
2		issued by the circuit court clerk before the entry of the
3		order. Nothing in this Section shall limit the Illinois
4		State Police or other criminal justice agencies or
5		prosecutors from listing under an offender's name the
6		false names he or she has used.
7		(5) Whenever a person has been convicted of criminal
8		sexual assault, aggravated criminal sexual assault,
9		predatory criminal sexual assault of a child, criminal
10		sexual abuse, or aggravated criminal sexual abuse, the
11		victim of that offense may request that the State's
12		Attorney of the county in which the conviction occurred
13		file a verified petition with the presiding trial judge at
14		the petitioner's trial to have a court order entered to
15		seal the records of the circuit court clerk in connection
16		with the proceedings of the trial court concerning that
17		offense. However, the records of the arresting authority
18		and the Illinois State Police concerning the offense shall
19		not be sealed. The court, upon good cause shown, shall
20		make the records of the circuit court clerk in connection
21		with the proceedings of the trial court concerning the
22		offense available for public inspection.
23		(6) If a conviction has been set aside on direct
24		review or on collateral attack and the court determines by
25		clear and convincing evidence that the petitioner was
26		factually innocent of the charge, the court that finds the

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1		petitioner factually innocent of the charge shall enter an
2		expungement order for the conviction for which the
3		petitioner has been determined to be innocent as provided
4		in subsection (b) of Section 5-5-4 of the Unified Code of
5		Corrections.
6		(7) Nothing in this Section shall prevent the Illinois
7		State Police from maintaining all records of any person
8		who is admitted to probation upon terms and conditions and
9		who fulfills those terms and conditions pursuant to
10		Section 10 of the Cannabis Control Act, Section 410 of the
11		Illinois Controlled Substances Act, Section 70 of the
12		Methamphetamine Control and Community Protection Act,
13		Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
14		Corrections, Section 12-4.3 or subdivision (b)(1) of
15		Section 12-3.05 of the Criminal Code of 1961 or the
16		Criminal Code of 2012, Section 10-102 of the Illinois
17		Alcoholism and Other Drug Dependency Act, Section 40-10 of
18		the Substance Use Disorder Act, or Section 10 of the
19		Steroid Control Act.
20		(8) If the petitioner has been granted a certificate
21		of innocence under Section 2-702 of the Code of Civil
22		Procedure, the court that grants the certificate of
23		innocence shall also enter an order expunging the
24		conviction for which the petitioner has been determined to
25		be innocent as provided in subsection (h) of Section 2-702
26		of the Code of Civil Procedure.

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1		(c) Sealing.
2		(1) Applicability. Notwithstanding any other provision
3		of this Act to the contrary, and cumulative with any
4		rights to expungement of criminal records, this subsection
5		authorizes the sealing of criminal records of adults and
6		of minors prosecuted as adults. Subsection (g) of this
7		Section provides for immediate sealing of certain records.
8		(2) Eligible Records. The following records may be
9		sealed:
10		(A) All arrests resulting in release without
11		charging;
12		(B) Arrests or charges not initiated by arrest
13		resulting in acquittal, dismissal, or conviction when
14		the conviction was reversed or vacated, except as
15		excluded by subsection (a)(3)(B);
16		(C) Arrests or charges not initiated by arrest
17		resulting in orders of supervision, including orders
18		of supervision for municipal ordinance violations,
19		successfully completed by the petitioner, unless
20		excluded by subsection (a)(3);
21		(D) Arrests or charges not initiated by arrest
22		resulting in convictions, including convictions on
23		municipal ordinance violations, unless excluded by
24		subsection (a)(3);
25		(E) Arrests or charges not initiated by arrest
26		resulting in orders of first offender probation under

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1		Section 10 of the Cannabis Control Act, Section 410 of
2		the Illinois Controlled Substances Act, Section 70 of
3		the Methamphetamine Control and Community Protection
4		Act, or Section 5-6-3.3 of the Unified Code of
5		Corrections; and
6		(F) Arrests or charges not initiated by arrest
7		resulting in felony convictions unless otherwise
8		excluded by subsection (a) paragraph (3) of this
9		Section.
10		(3) When Records Are Eligible to Be Sealed. Records
11		identified as eligible under subsection (c)(2) may be
12		sealed as follows:
13		(A) Records identified as eligible under
14		subsections (c)(2)(A) and (c)(2)(B) may be sealed at
15		any time.
16		(B) Except as otherwise provided in subparagraph
17		(E) of this paragraph (3), records identified as
18		eligible under subsection (c)(2)(C) may be sealed 2
19		years after the termination of petitioner's last
20		sentence (as defined in subsection (a)(1)(F)).
21		(C) Except as otherwise provided in subparagraph
22		(E) of this paragraph (3), records identified as
23		eligible under subsections (c)(2)(D), (c)(2)(E), and
24		(c)(2)(F) may be sealed 3 years after the termination
25		of the petitioner's last sentence (as defined in
26		subsection (a)(1)(F)). Convictions requiring public

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1		registration under the Arsonist Registry Act, the Sex
2		Offender Registration Act, or the Murderer and Violent
3		Offender Against Youth Registration Act may not be
4		sealed until the petitioner is no longer required to
5		register under that relevant Act.
6		(D) Records identified in subsection
7		(a)(3)(A)(iii) may be sealed after the petitioner has
8		reached the age of 25 years.
9		(E) Records identified as eligible under
10		subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or
11		(c)(2)(F) may be sealed upon termination of the
12		petitioner's last sentence if the petitioner earned a
13		high school diploma, associate's degree, career
14		certificate, vocational technical certification, or
15		bachelor's degree, or passed the high school level
16		Test of General Educational Development, during the
17		period of his or her sentence or mandatory supervised
18		release. This subparagraph shall apply only to a
19		petitioner who has not completed the same educational
20		goal prior to the period of his or her sentence or
21		mandatory supervised release. If a petition for
22		sealing eligible records filed under this subparagraph
23		is denied by the court, the time periods under
24		subparagraph (B) or (C) shall apply to any subsequent
25		petition for sealing filed by the petitioner.
26		(4) Subsequent felony convictions. A person may not

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1		have subsequent felony conviction records sealed as
2		provided in this subsection (c) if he or she is convicted
3		of any felony offense after the date of the sealing of
4		prior felony convictions as provided in this subsection
5		(c). The court may, upon conviction for a subsequent
6		felony offense, order the unsealing of prior felony
7		conviction records previously ordered sealed by the court.
8		(5) Notice of eligibility for sealing. Upon entry of a
9		disposition for an eligible record under this subsection
10		(c), the petitioner shall be informed by the court of the
11		right to have the records sealed and the procedures for
12		the sealing of the records.
13		(d) Procedure. The following procedures apply to
14		expungement under subsections (b), (e), and (e-6) and sealing
15		under subsections (c) and (e-5):
16		(1) Filing the petition. Upon becoming eligible to
17		petition for the expungement or sealing of records under
18		this Section, the petitioner shall file a petition
19		requesting the expungement or sealing of records with the
20		clerk of the court where the arrests occurred or the
21		charges were brought, or both. If arrests occurred or
22		charges were brought in multiple jurisdictions, a petition
23		must be filed in each such jurisdiction. The petitioner
24		shall pay the applicable fee, except no fee shall be
25		required if the petitioner has obtained a court order
26		waiving fees under Supreme Court Rule 298 or it is

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1		otherwise waived.
2		(1.5) County fee waiver pilot program. From August 9,
3		2019 (the effective date of Public Act 101-306) through
4		December 31, 2020, in a county of 3,000,000 or more
5		inhabitants, no fee shall be required to be paid by a
6		petitioner if the records sought to be expunged or sealed
7		were arrests resulting in release without charging or
8		arrests or charges not initiated by arrest resulting in
9		acquittal, dismissal, or conviction when the conviction
10		was reversed or vacated, unless excluded by subsection
11		(a)(3)(B). The provisions of this paragraph (1.5), other
12		than this sentence, are inoperative on and after January
13		1, 2022.
14		(2) Contents of petition. The petition shall be
15		verified and shall contain the petitioner's name, date of
16		birth, current address and, for each arrest or charge not
17		initiated by arrest sought to be sealed or expunged, the
18		case number, the date of arrest (if any), the identity of
19		the arresting authority, and such other information as the
20		court may require. During the pendency of the proceeding,
21		the petitioner shall promptly notify the circuit court
22		clerk of any change of his or her address. If the
23		petitioner has received a certificate of eligibility for
24		sealing from the Prisoner Review Board under paragraph
25		(10) of subsection (a) of Section 3-3-2 of the Unified
26		Code of Corrections, the certificate shall be attached to

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1		the petition.
2		(3) Drug test. The petitioner must attach to the
3		petition proof that the petitioner has taken within 30
4		days before the filing of the petition a test showing the
5		absence within his or her body of all illegal substances
6		as defined by the Illinois Controlled Substances Act and
7		the Methamphetamine Control and Community Protection Act
8		if he or she is petitioning to:
9		(A) seal felony records under clause (c)(2)(E);
10		(B) seal felony records for a violation of the
11		Illinois Controlled Substances Act, the
12		Methamphetamine Control and Community Protection Act,
13		or the Cannabis Control Act under clause (c)(2)(F);
14		(C) seal felony records under subsection (e-5); or
15		(D) expunge felony records of a qualified
16		probation under clause (b)(1)(iv).
17		(4) Service of petition. The circuit court clerk shall
18		promptly serve a copy of the petition and documentation to
19		support the petition under subsection (e-5) or (e-6) on
20		the State's Attorney or prosecutor charged with the duty
21		of prosecuting the offense, the Illinois State Police, the
22		arresting agency and the chief legal officer of the unit
23		of local government effecting the arrest.
24		(5) Objections.
25		(A) Any party entitled to notice of the petition
26		may file an objection to the petition. All objections

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1		shall be in writing, shall be filed with the circuit
2		court clerk, and shall state with specificity the
3		basis of the objection. Whenever a person who has been
4		convicted of an offense is granted a pardon by the
5		Governor which specifically authorizes expungement, an
6		objection to the petition may not be filed.
7		(B) Objections to a petition to expunge or seal
8		must be filed within 60 days of the date of service of
9		the petition.
10		(6) Entry of order.
11		(A) The Chief Judge of the circuit wherein the
12		charge was brought, any judge of that circuit
13		designated by the Chief Judge, or in counties of less
14		than 3,000,000 inhabitants, the presiding trial judge
15		at the petitioner's trial, if any, shall rule on the
16		petition to expunge or seal as set forth in this
17		subsection (d)(6).
18		(B) Unless the State's Attorney or prosecutor, the
19		Illinois State Police, the arresting agency, or the
20		chief legal officer files an objection to the petition
21		to expunge or seal within 60 days from the date of
22		service of the petition, the court shall enter an
23		order granting or denying the petition.
24		(C) Notwithstanding any other provision of law,
25		the court shall not deny a petition for sealing under
26		this Section because the petitioner has not satisfied

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1		an outstanding legal financial obligation established,
2		imposed, or originated by a court, law enforcement
3		agency, or a municipal, State, county, or other unit
4		of local government, including, but not limited to,
5		any cost, assessment, fine, or fee. An outstanding
6		legal financial obligation does not include any court
7		ordered restitution to a victim under Section 5-5-6 of
8		the Unified Code of Corrections, unless the
9		restitution has been converted to a civil judgment.
10		Nothing in this subparagraph (C) waives, rescinds, or
11		abrogates a legal financial obligation or otherwise
12		eliminates or affects the right of the holder of any
13		financial obligation to pursue collection under
14		applicable federal, State, or local law.
15		(D) Notwithstanding any other provision of law,
16		the court shall not deny a petition to expunge or seal
17		under this Section because the petitioner has
18		submitted a drug test taken within 30 days before the
19		filing of the petition to expunge or seal that
20		indicates a positive test for the presence of cannabis
21		within the petitioner's body. In this subparagraph
22		(D), "cannabis" has the meaning ascribed to it in
23		Section 3 of the Cannabis Control Act.
24		(7) Hearings. If an objection is filed, the court
25		shall set a date for a hearing and notify the petitioner
26		and all parties entitled to notice of the petition of the

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1		hearing date at least 30 days prior to the hearing. Prior
2		to the hearing, the State's Attorney shall consult with
3		the Illinois State Police as to the appropriateness of the
4		relief sought in the petition to expunge or seal. At the
5		hearing, the court shall hear evidence on whether the
6		petition should or should not be granted, and shall grant
7		or deny the petition to expunge or seal the records based
8		on the evidence presented at the hearing. The court may
9		consider the following:
10		(A) the strength of the evidence supporting the
11		defendant's conviction;
12		(B) the reasons for retention of the conviction
13		records by the State;
14		(C) the petitioner's age, criminal record history,
15		and employment history;
16		(D) the period of time between the petitioner's
17		arrest on the charge resulting in the conviction and
18		the filing of the petition under this Section; and
19		(E) the specific adverse consequences the
20		petitioner may be subject to if the petition is
21		denied.
22		(8) Service of order. After entering an order to
23		expunge or seal records, the court must provide copies of
24		the order to the Illinois State Police, in a form and
25		manner prescribed by the Illinois State Police, to the
26		petitioner, to the State's Attorney or prosecutor charged

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1		with the duty of prosecuting the offense, to the arresting
2		agency, to the chief legal officer of the unit of local
3		government effecting the arrest, and to such other
4		criminal justice agencies as may be ordered by the court.
5		(9) Implementation of order.
6		(A) Upon entry of an order to expunge records
7		pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
8		both:
9		(i) the records shall be expunged (as defined
10		in subsection (a)(1)(E)) by the arresting agency,
11		the Illinois State Police, and any other agency as
12		ordered by the court, within 60 days of the date of
13		service of the order, unless a motion to vacate,
14		modify, or reconsider the order is filed pursuant
15		to paragraph (12) of subsection (d) of this
16		Section;
17		(ii) the records of the circuit court clerk
18		shall be impounded until further order of the
19		court upon good cause shown and the name of the
20		petitioner obliterated on the official index
21		required to be kept by the circuit court clerk
22		under Section 16 of the Clerks of Courts Act, but
23		the order shall not affect any index issued by the
24		circuit court clerk before the entry of the order;
25		and
26		(iii) in response to an inquiry for expunged

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1		records, the court, the Illinois State Police, or
2		the agency receiving such inquiry, shall reply as
3		it does in response to inquiries when no records
4		ever existed.
5		(B) Upon entry of an order to expunge records
6		pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
7		both:
8		(i) the records shall be expunged (as defined
9		in subsection (a)(1)(E)) by the arresting agency
10		and any other agency as ordered by the court,
11		within 60 days of the date of service of the order,
12		unless a motion to vacate, modify, or reconsider
13		the order is filed pursuant to paragraph (12) of
14		subsection (d) of this Section;
15		(ii) the records of the circuit court clerk
16		shall be impounded until further order of the
17		court upon good cause shown and the name of the
18		petitioner obliterated on the official index
19		required to be kept by the circuit court clerk
20		under Section 16 of the Clerks of Courts Act, but
21		the order shall not affect any index issued by the
22		circuit court clerk before the entry of the order;
23		(iii) the records shall be impounded by the
24		Illinois State Police within 60 days of the date
25		of service of the order as ordered by the court,
26		unless a motion to vacate, modify, or reconsider

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1		the order is filed pursuant to paragraph (12) of
2		subsection (d) of this Section;
3		(iv) records impounded by the Illinois State
4		Police may be disseminated by the Illinois State
5		Police only as required by law or to the arresting
6		authority, the State's Attorney, and the court
7		upon a later arrest for the same or a similar
8		offense or for the purpose of sentencing for any
9		subsequent felony, and to the Department of
10		Corrections upon conviction for any offense; and
11		(v) in response to an inquiry for such records
12		from anyone not authorized by law to access such
13		records, the court, the Illinois State Police, or
14		the agency receiving such inquiry shall reply as
15		it does in response to inquiries when no records
16		ever existed.
17		(B-5) Upon entry of an order to expunge records
18		under subsection (e-6):
19		(i) the records shall be expunged (as defined
20		in subsection (a)(1)(E)) by the arresting agency
21		and any other agency as ordered by the court,
22		within 60 days of the date of service of the order,
23		unless a motion to vacate, modify, or reconsider
24		the order is filed under paragraph (12) of
25		subsection (d) of this Section;
26		(ii) the records of the circuit court clerk

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1		shall be impounded until further order of the
2		court upon good cause shown and the name of the
3		petitioner obliterated on the official index
4		required to be kept by the circuit court clerk
5		under Section 16 of the Clerks of Courts Act, but
6		the order shall not affect any index issued by the
7		circuit court clerk before the entry of the order;
8		(iii) the records shall be impounded by the
9		Illinois State Police within 60 days of the date
10		of service of the order as ordered by the court,
11		unless a motion to vacate, modify, or reconsider
12		the order is filed under paragraph (12) of
13		subsection (d) of this Section;
14		(iv) records impounded by the Illinois State
15		Police may be disseminated by the Illinois State
16		Police only as required by law or to the arresting
17		authority, the State's Attorney, and the court
18		upon a later arrest for the same or a similar
19		offense or for the purpose of sentencing for any
20		subsequent felony, and to the Department of
21		Corrections upon conviction for any offense; and
22		(v) in response to an inquiry for these
23		records from anyone not authorized by law to
24		access the records, the court, the Illinois State
25		Police, or the agency receiving the inquiry shall
26		reply as it does in response to inquiries when no

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1		records ever existed.
2		(C) Upon entry of an order to seal records under
3		subsection (c), the arresting agency, any other agency
4		as ordered by the court, the Illinois State Police,
5		and the court shall seal the records (as defined in
6		subsection (a)(1)(K)). In response to an inquiry for
7		such records, from anyone not authorized by law to
8		access such records, the court, the Illinois State
9		Police, or the agency receiving such inquiry shall
10		reply as it does in response to inquiries when no
11		records ever existed.
12		(D) The Illinois State Police shall send written
13		notice to the petitioner of its compliance with each
14		order to expunge or seal records within 60 days of the
15		date of service of that order or, if a motion to
16		vacate, modify, or reconsider is filed, within 60 days
17		of service of the order resolving the motion, if that
18		order requires the Illinois State Police to expunge or
19		seal records. In the event of an appeal from the
20		circuit court order, the Illinois State Police shall
21		send written notice to the petitioner of its
22		compliance with an Appellate Court or Supreme Court
23		judgment to expunge or seal records within 60 days of
24		the issuance of the court's mandate. The notice is not
25		required while any motion to vacate, modify, or
26		reconsider, or any appeal or petition for

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1		discretionary appellate review, is pending.
2		(E) Upon motion, the court may order that a sealed
3		judgment or other court record necessary to
4		demonstrate the amount of any legal financial
5		obligation due and owing be made available for the
6		limited purpose of collecting any legal financial
7		obligations owed by the petitioner that were
8		established, imposed, or originated in the criminal
9		proceeding for which those records have been sealed.
10		The records made available under this subparagraph (E)
11		shall not be entered into the official index required
12		to be kept by the circuit court clerk under Section 16
13		of the Clerks of Courts Act and shall be immediately
14		re-impounded upon the collection of the outstanding
15		financial obligations.
16		(F) Notwithstanding any other provision of this
17		Section, a circuit court clerk may access a sealed
18		record for the limited purpose of collecting payment
19		for any legal financial obligations that were
20		established, imposed, or originated in the criminal
21		proceedings for which those records have been sealed.
22		(10) Fees. The Illinois State Police may charge the
23		petitioner a fee equivalent to the cost of processing any
24		order to expunge or seal records. Notwithstanding any
25		provision of the Clerks of Courts Act to the contrary, the
26		circuit court clerk may charge a fee equivalent to the

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1		cost associated with the sealing or expungement of records
2		by the circuit court clerk. From the total filing fee
3		collected for the petition to seal or expunge, the circuit
4		court clerk shall deposit $10 into the Circuit Court Clerk
5		Operation and Administrative Fund, to be used to offset
6		the costs incurred by the circuit court clerk in
7		performing the additional duties required to serve the
8		petition to seal or expunge on all parties. The circuit
9		court clerk shall collect and remit the Illinois State
10		Police portion of the fee to the State Treasurer and it
11		shall be deposited in the State Police Services Fund. If
12		the record brought under an expungement petition was
13		previously sealed under this Section, the fee for the
14		expungement petition for that same record shall be waived.
15		(11) Final Order. No court order issued under the
16		expungement or sealing provisions of this Section shall
17		become final for purposes of appeal until 30 days after
18		service of the order on the petitioner and all parties
19		entitled to notice of the petition.
20		(12) Motion to Vacate, Modify, or Reconsider. Under
21		Section 2-1203 of the Code of Civil Procedure, the
22		petitioner or any party entitled to notice may file a
23		motion to vacate, modify, or reconsider the order granting
24		or denying the petition to expunge or seal within 60 days
25		of service of the order. If filed more than 60 days after
26		service of the order, a petition to vacate, modify, or

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1		reconsider shall comply with subsection (c) of Section
2		2-1401 of the Code of Civil Procedure. Upon filing of a
3		motion to vacate, modify, or reconsider, notice of the
4		motion shall be served upon the petitioner and all parties
5		entitled to notice of the petition.
6		(13) Effect of Order. An order granting a petition
7		under the expungement or sealing provisions of this
8		Section shall not be considered void because it fails to
9		comply with the provisions of this Section or because of
10		any error asserted in a motion to vacate, modify, or
11		reconsider. The circuit court retains jurisdiction to
12		determine whether the order is voidable and to vacate,
13		modify, or reconsider its terms based on a motion filed
14		under paragraph (12) of this subsection (d).
15		(14) Compliance with Order Granting Petition to Seal
16		Records. Unless a court has entered a stay of an order
17		granting a petition to seal, all parties entitled to
18		notice of the petition must fully comply with the terms of
19		the order within 60 days of service of the order even if a
20		party is seeking relief from the order through a motion
21		filed under paragraph (12) of this subsection (d) or is
22		appealing the order.
23		(15) Compliance with Order Granting Petition to
24		Expunge Records. While a party is seeking relief from the
25		order granting the petition to expunge through a motion
26		filed under paragraph (12) of this subsection (d) or is

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1		appealing the order, and unless a court has entered a stay
2		of that order, the parties entitled to notice of the
3		petition must seal, but need not expunge, the records
4		until there is a final order on the motion for relief or,
5		in the case of an appeal, the issuance of that court's
6		mandate.
7		(16) The changes to this subsection (d) made by Public
8		Act 98-163 apply to all petitions pending on August 5,
9		2013 (the effective date of Public Act 98-163) and to all
10		orders ruling on a petition to expunge or seal on or after
11		August 5, 2013 (the effective date of Public Act 98-163).
12		(e) Whenever a person who has been convicted of an offense
13		is granted a pardon by the Governor which specifically
14		authorizes expungement, he or she may, upon verified petition
15		to the Chief Judge of the circuit where the person had been
16		convicted, any judge of the circuit designated by the Chief
17		Judge, or in counties of less than 3,000,000 inhabitants, the
18		presiding trial judge at the defendant's trial, have a court
19		order entered expunging the record of arrest from the official
20		records of the arresting authority and order that the records
21		of the circuit court clerk and the Illinois State Police be
22		sealed until further order of the court upon good cause shown
23		or as otherwise provided herein, and the name of the defendant
24		obliterated from the official index requested to be kept by
25		the circuit court clerk under Section 16 of the Clerks of
26		Courts Act in connection with the arrest and conviction for

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1		the offense for which he or she had been pardoned but the order
2		shall not affect any index issued by the circuit court clerk
3		before the entry of the order. All records sealed by the
4		Illinois State Police may be disseminated by the Illinois
5		State Police only to the arresting authority, the State's
6		Attorney, and the court upon a later arrest for the same or
7		similar offense or for the purpose of sentencing for any
8		subsequent felony. Upon conviction for any subsequent offense,
9		the Department of Corrections shall have access to all sealed
10		records of the Illinois State Police pertaining to that
11		individual. Upon entry of the order of expungement, the
12		circuit court clerk shall promptly mail a copy of the order to
13		the person who was pardoned.
14		(e-5) Whenever a person who has been convicted of an
15		offense is granted a certificate of eligibility for sealing by
16		the Prisoner Review Board which specifically authorizes
17		sealing, he or she may, upon verified petition to the Chief
18		Judge of the circuit where the person had been convicted, any
19		judge of the circuit designated by the Chief Judge, or in
20		counties of less than 3,000,000 inhabitants, the presiding
21		trial judge at the petitioner's trial, have a court order
22		entered sealing the record of arrest from the official records
23		of the arresting authority and order that the records of the
24		circuit court clerk and the Illinois State Police be sealed
25		until further order of the court upon good cause shown or as
26		otherwise provided herein, and the name of the petitioner

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1		obliterated from the official index requested to be kept by
2		the circuit court clerk under Section 16 of the Clerks of
3		Courts Act in connection with the arrest and conviction for
4		the offense for which he or she had been granted the
5		certificate but the order shall not affect any index issued by
6		the circuit court clerk before the entry of the order. All
7		records sealed by the Illinois State Police may be
8		disseminated by the Illinois State Police only as required by
9		this Act or to the arresting authority, a law enforcement
10		agency, the State's Attorney, and the court upon a later
11		arrest for the same or similar offense or for the purpose of
12		sentencing for any subsequent felony. Upon conviction for any
13		subsequent offense, the Department of Corrections shall have
14		access to all sealed records of the Illinois State Police
15		pertaining to that individual. Upon entry of the order of
16		sealing, the circuit court clerk shall promptly mail a copy of
17		the order to the person who was granted the certificate of
18		eligibility for sealing.
19		(e-6) Whenever a person who has been convicted of an
20		offense is granted a certificate of eligibility for
21		expungement by the Prisoner Review Board which specifically
22		authorizes expungement, he or she may, upon verified petition
23		to the Chief Judge of the circuit where the person had been
24		convicted, any judge of the circuit designated by the Chief
25		Judge, or in counties of less than 3,000,000 inhabitants, the
26		presiding trial judge at the petitioner's trial, have a court

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1		order entered expunging the record of arrest from the official
2		records of the arresting authority and order that the records
3		of the circuit court clerk and the Illinois State Police be
4		sealed until further order of the court upon good cause shown
5		or as otherwise provided herein, and the name of the
6		petitioner obliterated from the official index requested to be
7		kept by the circuit court clerk under Section 16 of the Clerks
8		of Courts Act in connection with the arrest and conviction for
9		the offense for which he or she had been granted the
10		certificate but the order shall not affect any index issued by
11		the circuit court clerk before the entry of the order. All
12		records sealed by the Illinois State Police may be
13		disseminated by the Illinois State Police only as required by
14		this Act or to the arresting authority, a law enforcement
15		agency, the State's Attorney, and the court upon a later
16		arrest for the same or similar offense or for the purpose of
17		sentencing for any subsequent felony. Upon conviction for any
18		subsequent offense, the Department of Corrections shall have
19		access to all expunged records of the Illinois State Police
20		pertaining to that individual. Upon entry of the order of
21		expungement, the circuit court clerk shall promptly mail a
22		copy of the order to the person who was granted the certificate
23		of eligibility for expungement.
24		(f) Subject to available funding, the Illinois Department
25		of Corrections shall conduct a study of the impact of sealing,
26		especially on employment and recidivism rates, utilizing a

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1		random sample of those who apply for the sealing of their
2		criminal records under Public Act 93-211. At the request of
3		the Illinois Department of Corrections, records of the
4		Illinois Department of Employment Security shall be utilized
5		as appropriate to assist in the study. The study shall not
6		disclose any data in a manner that would allow the
7		identification of any particular individual or employing unit.
8		The study shall be made available to the General Assembly no
9		later than September 1, 2010.
10		(g) Immediate Sealing.
11		(1) Applicability. Notwithstanding any other provision
12		of this Act to the contrary, and cumulative with any
13		rights to expungement or sealing of criminal records, this
14		subsection authorizes the immediate sealing of criminal
15		records of adults and of minors prosecuted as adults.
16		(2) Eligible Records. Arrests or charges not initiated
17		by arrest resulting in acquittal or dismissal with
18		prejudice, except as excluded by subsection (a)(3)(B),
19		that occur on or after January 1, 2018 (the effective date
20		of Public Act 100-282), may be sealed immediately if the
21		petition is filed with the circuit court clerk on the same
22		day and during the same hearing in which the case is
23		disposed.
24		(3) When Records are Eligible to be Immediately
25		Sealed. Eligible records under paragraph (2) of this
26		subsection (g) may be sealed immediately after entry of

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1		the final disposition of a case, notwithstanding the
2		disposition of other charges in the same case.
3		(4) Notice of Eligibility for Immediate Sealing. Upon
4		entry of a disposition for an eligible record under this
5		subsection (g), the defendant shall be informed by the
6		court of his or her right to have eligible records
7		immediately sealed and the procedure for the immediate
8		sealing of these records.
9		(5) Procedure. The following procedures apply to
10		immediate sealing under this subsection (g).
11		(A) Filing the Petition. Upon entry of the final
12		disposition of the case, the defendant's attorney may
13		immediately petition the court, on behalf of the
14		defendant, for immediate sealing of eligible records
15		under paragraph (2) of this subsection (g) that are
16		entered on or after January 1, 2018 (the effective
17		date of Public Act 100-282). The immediate sealing
18		petition may be filed with the circuit court clerk
19		during the hearing in which the final disposition of
20		the case is entered. If the defendant's attorney does
21		not file the petition for immediate sealing during the
22		hearing, the defendant may file a petition for sealing
23		at any time as authorized under subsection (c)(3)(A).
24		(B) Contents of Petition. The immediate sealing
25		petition shall be verified and shall contain the
26		petitioner's name, date of birth, current address, and

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1		for each eligible record, the case number, the date of
2		arrest if applicable, the identity of the arresting
3		authority if applicable, and other information as the
4		court may require.
5		(C) Drug Test. The petitioner shall not be
6		required to attach proof that he or she has passed a
7		drug test.
8		(D) Service of Petition. A copy of the petition
9		shall be served on the State's Attorney in open court.
10		The petitioner shall not be required to serve a copy of
11		the petition on any other agency.
12		(E) Entry of Order. The presiding trial judge
13		shall enter an order granting or denying the petition
14		for immediate sealing during the hearing in which it
15		is filed. Petitions for immediate sealing shall be
16		ruled on in the same hearing in which the final
17		disposition of the case is entered.
18		(F) Hearings. The court shall hear the petition
19		for immediate sealing on the same day and during the
20		same hearing in which the disposition is rendered.
21		(G) Service of Order. An order to immediately seal
22		eligible records shall be served in conformance with
23		subsection (d)(8).
24		(H) Implementation of Order. An order to
25		immediately seal records shall be implemented in
26		conformance with subsections (d)(9)(C) and (d)(9)(D).

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1		(I) Fees. The fee imposed by the circuit court
2		clerk and the Illinois State Police shall comply with
3		paragraph (1) of subsection (d) of this Section.
4		(J) Final Order. No court order issued under this
5		subsection (g) shall become final for purposes of
6		appeal until 30 days after service of the order on the
7		petitioner and all parties entitled to service of the
8		order in conformance with subsection (d)(8).
9		(K) Motion to Vacate, Modify, or Reconsider. Under
10		Section 2-1203 of the Code of Civil Procedure, the
11		petitioner, State's Attorney, or the Illinois State
12		Police may file a motion to vacate, modify, or
13		reconsider the order denying the petition to
14		immediately seal within 60 days of service of the
15		order. If filed more than 60 days after service of the
16		order, a petition to vacate, modify, or reconsider
17		shall comply with subsection (c) of Section 2-1401 of
18		the Code of Civil Procedure.
19		(L) Effect of Order. An order granting an
20		immediate sealing petition shall not be considered
21		void because it fails to comply with the provisions of
22		this Section or because of an error asserted in a
23		motion to vacate, modify, or reconsider. The circuit
24		court retains jurisdiction to determine whether the
25		order is voidable, and to vacate, modify, or
26		reconsider its terms based on a motion filed under

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1		subparagraph (L) of this subsection (g).
2		(M) Compliance with Order Granting Petition to
3		Seal Records. Unless a court has entered a stay of an
4		order granting a petition to immediately seal, all
5		parties entitled to service of the order must fully
6		comply with the terms of the order within 60 days of
7		service of the order.
8		(h) Sealing or vacation and expungement of trafficking
9		victims' crimes.
10		(1) A trafficking victim, as defined by paragraph (10)
11		of subsection (a) of Section 10-9 of the Criminal Code of
12		2012, may petition for vacation and expungement or
13		immediate sealing of his or her criminal record upon the
14		completion of his or her last sentence if his or her
15		participation in the underlying offense was a result of
16		human trafficking under Section 10-9 of the Criminal Code
17		of 2012 or a severe form of trafficking under the federal
18		Trafficking Victims Protection Act.
19		(1.5) A petition under paragraph (1) shall be
20		prepared, signed, and filed in accordance with Supreme
21		Court Rule 9. The court may allow the petitioner to attend
22		any required hearing remotely in accordance with local
23		rules. The court may allow a petition to be filed under
24		seal if the public filing of the petition would constitute
25		a risk of harm to the petitioner.
26		(2) A petitioner under this subsection (h), in

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1		addition to the requirements provided under paragraph (4)
2		of subsection (d) of this Section, shall include in his or
3		her petition a clear and concise statement that: (A) he or
4		she was a victim of human trafficking at the time of the
5		offense; and (B) that his or her participation in the
6		offense was a result of human trafficking under Section
7		10-9 of the Criminal Code of 2012 or a severe form of
8		trafficking under the federal Trafficking Victims
9		Protection Act.
10		(3) If an objection is filed alleging that the
11		petitioner is not entitled to vacation and expungement or
12		immediate sealing under this subsection (h), the court
13		shall conduct a hearing under paragraph (7) of subsection
14		(d) of this Section and the court shall determine whether
15		the petitioner is entitled to vacation and expungement or
16		immediate sealing under this subsection (h). A petitioner
17		is eligible for vacation and expungement or immediate
18		relief under this subsection (h) if he or she shows, by a
19		preponderance of the evidence, that: (A) he or she was a
20		victim of human trafficking at the time of the offense;
21		and (B) that his or her participation in the offense was a
22		result of human trafficking under Section 10-9 of the
23		Criminal Code of 2012 or a severe form of trafficking
24		under the federal Trafficking Victims Protection Act.
25		(i) Minor Cannabis Offenses under the Cannabis Control
26		Act.

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1		(1) Expungement of Arrest Records of Minor Cannabis
2		Offenses.
3		(A) The Illinois State Police and all law
4		enforcement agencies within the State shall
5		automatically expunge all criminal history records of
6		an arrest, charge not initiated by arrest, order of
7		supervision, or order of qualified probation for a
8		Minor Cannabis Offense committed prior to June 25,
9		2019 (the effective date of Public Act 101-27) if:
10		(i) One year or more has elapsed since the
11		date of the arrest or law enforcement interaction
12		documented in the records; and
13		(ii) No criminal charges were filed relating
14		to the arrest or law enforcement interaction or
15		criminal charges were filed and subsequently
16		dismissed or vacated or the arrestee was
17		acquitted.
18		(B) If the law enforcement agency is unable to
19		verify satisfaction of condition (ii) in paragraph
20		(A), records that satisfy condition (i) in paragraph
21		(A) shall be automatically expunged.
22		(C) Records shall be expunged by the law
23		enforcement agency under the following timelines:
24		(i) Records created prior to June 25, 2019
25		(the effective date of Public Act 101-27), but on
26		or after January 1, 2013, shall be automatically

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1		expunged prior to January 1, 2021;
2		(ii) Records created prior to January 1, 2013,
3		but on or after January 1, 2000, shall be
4		automatically expunged prior to January 1, 2023;
5		(iii) Records created prior to January 1, 2000
6		shall be automatically expunged prior to January
7		1, 2025.
8		In response to an inquiry for expunged records,
9		the law enforcement agency receiving such inquiry
10		shall reply as it does in response to inquiries when no
11		records ever existed; however, it shall provide a
12		certificate of disposition or confirmation that the
13		record was expunged to the individual whose record was
14		expunged if such a record exists.
15		(D) Nothing in this Section shall be construed to
16		restrict or modify an individual's right to have that
17		individual's records expunged except as otherwise may
18		be provided in this Act, or diminish or abrogate any
19		rights or remedies otherwise available to the
20		individual.
21		(2) Pardons Authorizing Expungement of Minor Cannabis
22		Offenses.
23		(A) Upon June 25, 2019 (the effective date of
24		Public Act 101-27), the Department of State Police
25		shall review all criminal history record information
26		and identify all records that meet all of the

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1		following criteria:
2		(i) one or more convictions for a Minor
3		Cannabis Offense;
4		(ii) the conviction identified in paragraph
5		(2)(A)(i) did not include a penalty enhancement
6		under Section 7 of the Cannabis Control Act; and
7		(iii) the conviction identified in paragraph
8		(2)(A)(i) is not associated with a conviction for
9		a violent crime as defined in subsection (c) of
10		Section 3 of the Rights of Crime Victims and
11		Witnesses Act.
12		(B) Within 180 days after June 25, 2019 (the
13		effective date of Public Act 101-27), the Department
14		of State Police shall notify the Prisoner Review Board
15		of all such records that meet the criteria established
16		in paragraph (2)(A).
17		(i) The Prisoner Review Board shall notify the
18		State's Attorney of the county of conviction of
19		each record identified by State Police in
20		paragraph (2)(A) that is classified as a Class 4
21		felony. The State's Attorney may provide a written
22		objection to the Prisoner Review Board on the sole
23		basis that the record identified does not meet the
24		criteria established in paragraph (2)(A). Such an
25		objection must be filed within 60 days or by such
26		later date set by the Prisoner Review Board in the

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1		notice after the State's Attorney received notice
2		from the Prisoner Review Board.
3		(ii) In response to a written objection from a
4		State's Attorney, the Prisoner Review Board is
5		authorized to conduct a non-public hearing to
6		evaluate the information provided in the
7		objection.
8		(iii) The Prisoner Review Board shall make a
9		confidential and privileged recommendation to the
10		Governor as to whether to grant a pardon
11		authorizing expungement for each of the records
12		identified by the Department of State Police as
13		described in paragraph (2)(A).
14		(C) If an individual has been granted a pardon
15		authorizing expungement as described in this Section,
16		the Prisoner Review Board, through the Attorney
17		General, shall file a petition for expungement with
18		the Chief Judge of the circuit or any judge of the
19		circuit designated by the Chief Judge where the
20		individual had been convicted. Such petition may
21		include more than one individual. Whenever an
22		individual who has been convicted of an offense is
23		granted a pardon by the Governor that specifically
24		authorizes expungement, an objection to the petition
25		may not be filed. Petitions to expunge under this
26		subsection (i) may include more than one individual.

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1		Within 90 days of the filing of such a petition, the
2		court shall enter an order expunging the records of
3		arrest from the official records of the arresting
4		authority and order that the records of the circuit
5		court clerk and the Illinois State Police be expunged
6		and the name of the defendant obliterated from the
7		official index requested to be kept by the circuit
8		court clerk under Section 16 of the Clerks of Courts
9		Act in connection with the arrest and conviction for
10		the offense for which the individual had received a
11		pardon but the order shall not affect any index issued
12		by the circuit court clerk before the entry of the
13		order. Upon entry of the order of expungement, the
14		circuit court clerk shall promptly provide a copy of
15		the order and a certificate of disposition to the
16		individual who was pardoned to the individual's last
17		known address or by electronic means (if available) or
18		otherwise make it available to the individual upon
19		request.
20		(D) Nothing in this Section is intended to
21		diminish or abrogate any rights or remedies otherwise
22		available to the individual.
23		(3) Any individual may file a motion to vacate and
24		expunge a conviction for a misdemeanor or Class 4 felony
25		violation of Section 4 or Section 5 of the Cannabis
26		Control Act. Motions to vacate and expunge under this

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1		subsection (i) may be filed with the circuit court, Chief
2		Judge of a judicial circuit or any judge of the circuit
3		designated by the Chief Judge. The circuit court clerk
4		shall promptly serve a copy of the motion to vacate and
5		expunge, and any supporting documentation, on the State's
6		Attorney or prosecutor charged with the duty of
7		prosecuting the offense. When considering such a motion to
8		vacate and expunge, a court shall consider the following:
9		the reasons to retain the records provided by law
10		enforcement, the petitioner's age, the petitioner's age at
11		the time of offense, the time since the conviction, and
12		the specific adverse consequences if denied. An individual
13		may file such a petition after the completion of any
14		non-financial sentence or non-financial condition imposed
15		by the conviction. Within 60 days of the filing of such
16		motion, a State's Attorney may file an objection to such a
17		petition along with supporting evidence. If a motion to
18		vacate and expunge is granted, the records shall be
19		expunged in accordance with subparagraphs (d)(8) and
20		(d)(9)(A) of this Section. An agency providing civil legal
21		aid, as defined by Section 15 of the Public Interest
22		Attorney Assistance Act, assisting individuals seeking to
23		file a motion to vacate and expunge under this subsection
24		may file motions to vacate and expunge with the Chief
25		Judge of a judicial circuit or any judge of the circuit
26		designated by the Chief Judge, and the motion may include

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1		more than one individual. Motions filed by an agency
2		providing civil legal aid concerning more than one
3		individual may be prepared, presented, and signed
4		electronically.
5		(4) Any State's Attorney may file a motion to vacate
6		and expunge a conviction for a misdemeanor or Class 4
7		felony violation of Section 4 or Section 5 of the Cannabis
8		Control Act. Motions to vacate and expunge under this
9		subsection (i) may be filed with the circuit court, Chief
10		Judge of a judicial circuit or any judge of the circuit
11		designated by the Chief Judge, and may include more than
12		one individual. Motions filed by a State's Attorney
13		concerning more than one individual may be prepared,
14		presented, and signed electronically. When considering
15		such a motion to vacate and expunge, a court shall
16		consider the following: the reasons to retain the records
17		provided by law enforcement, the individual's age, the
18		individual's age at the time of offense, the time since
19		the conviction, and the specific adverse consequences if
20		denied. Upon entry of an order granting a motion to vacate
21		and expunge records pursuant to this Section, the State's
22		Attorney shall notify the Prisoner Review Board within 30
23		days. Upon entry of the order of expungement, the circuit
24		court clerk shall promptly provide a copy of the order and
25		a certificate of disposition to the individual whose
26		records will be expunged to the individual's last known

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1		address or by electronic means (if available) or otherwise
2		make available to the individual upon request. If a motion
3		to vacate and expunge is granted, the records shall be
4		expunged in accordance with subparagraphs (d)(8) and
5		(d)(9)(A) of this Section.
6		(5) In the public interest, the State's Attorney of a
7		county has standing to file motions to vacate and expunge
8		pursuant to this Section in the circuit court with
9		jurisdiction over the underlying conviction.
10		(6) If a person is arrested for a Minor Cannabis
11		Offense as defined in this Section before June 25, 2019
12		(the effective date of Public Act 101-27) and the person's
13		case is still pending but a sentence has not been imposed,
14		the person may petition the court in which the charges are
15		pending for an order to summarily dismiss those charges
16		against him or her, and expunge all official records of
17		his or her arrest, plea, trial, conviction, incarceration,
18		supervision, or expungement. If the court determines, upon
19		review, that: (A) the person was arrested before June 25,
20		2019 (the effective date of Public Act 101-27) for an
21		offense that has been made eligible for expungement; (B)
22		the case is pending at the time; and (C) the person has not
23		been sentenced of the minor cannabis violation eligible
24		for expungement under this subsection, the court shall
25		consider the following: the reasons to retain the records
26		provided by law enforcement, the petitioner's age, the

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1		petitioner's age at the time of offense, the time since
2		the conviction, and the specific adverse consequences if
3		denied. If a motion to dismiss and expunge is granted, the
4		records shall be expunged in accordance with subparagraph
5		(d)(9)(A) of this Section.
6		(7) A person imprisoned solely as a result of one or
7		more convictions for Minor Cannabis Offenses under this
8		subsection (i) shall be released from incarceration upon
9		the issuance of an order under this subsection.
10		(8) The Illinois State Police shall allow a person to
11		use the access and review process, established in the
12		Illinois State Police, for verifying that his or her
13		records relating to Minor Cannabis Offenses of the
14		Cannabis Control Act eligible under this Section have been
15		expunged.
16		(9) No conviction vacated pursuant to this Section
17		shall serve as the basis for damages for time unjustly
18		served as provided in the Court of Claims Act.
19		(10) Effect of Expungement. A person's right to
20		expunge an expungeable offense shall not be limited under
21		this Section. The effect of an order of expungement shall
22		be to restore the person to the status he or she occupied
23		before the arrest, charge, or conviction.
24		(11) Information. The Illinois State Police shall post
25		general information on its website about the expungement
26		process described in this subsection (i).

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1		(j) Felony Prostitution Convictions.
2		(1) Automatic Sealing of Felony Prostitution Arrests.
3		(A) The Illinois State Police and local law
4		enforcement agencies within the State shall
5		automatically seal the law enforcement records
6		relating to a person's Class 4 felony arrests and
7		charges not initiated by arrest for prostitution if
8		that arrest or charge not initiated by arrest is
9		eligible for sealing under paragraph (2) of subsection
10		(c).
11		(B) In the absence of a court order or upon the
12		order of a court, the clerk of the circuit court shall
13		automatically seal the court records and case files
14		relating to a person's Class 4 felony arrests and
15		charges not initiated by arrest for prostitution if
16		that arrest or charge not initiated by arrest is
17		eligible for sealing under paragraph (2) of subsection
18		(c).
19		(C) The automatic sealing described in this
20		paragraph (1) shall be completed no later than January
21		1, 2028.
22		(2) Automatic Sealing of Felony Prostitution
23		Convictions.
24		(A) The Illinois State Police and local law
25		enforcement agencies within the State shall
26		automatically seal the law enforcement records

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1		relating to a person's Class 4 felony conviction for
2		prostitution if those records are eligible for sealing
3		under paragraph (2) of subsection (c).
4		(B) In the absence of a court order or upon the
5		order of a court, the clerk of the circuit court shall
6		automatically seal the court records relating to a
7		person's Class 4 felony conviction for prostitution if
8		those records are eligible for sealing under paragraph
9		(2) of subsection (c).
10		(C) The automatic sealing of records described in
11		this paragraph (2) shall be completed no later than
12		January 1, 2028.
13		(3) Motions to Vacate and Expunge Felony Prostitution
14		Convictions. Any individual may file a motion to vacate
15		and expunge a conviction for a prior Class 4 felony
16		violation of prostitution. Motions to vacate and expunge
17		under this subsection (j) may be filed with the circuit
18		court, Chief Judge of a judicial circuit, or any judge of
19		the circuit designated by the Chief Judge. When
20		considering the motion to vacate and expunge, a court
21		shall consider the following:
22		(A) the reasons to retain the records provided by
23		law enforcement;
24		(B) the petitioner's age;
25		(C) the petitioner's age at the time of offense;
26		and

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1		(D) the time since the conviction, and the
2		specific adverse consequences if denied. An individual
3		may file the petition after the completion of any
4		sentence or condition imposed by the conviction.
5		Within 60 days of the filing of the motion, a State's
6		Attorney may file an objection to the petition along
7		with supporting evidence. If a motion to vacate and
8		expunge is granted, the records shall be expunged in
9		accordance with subparagraph (d)(9)(A) of this
10		Section. An agency providing civil legal aid, as
11		defined in Section 15 of the Public Interest Attorney
12		Assistance Act, assisting individuals seeking to file
13		a motion to vacate and expunge under this subsection
14		may file motions to vacate and expunge with the Chief
15		Judge of a judicial circuit or any judge of the circuit
16		designated by the Chief Judge, and the motion may
17		include more than one individual.
18		(4) Any State's Attorney may file a motion to vacate
19		and expunge a conviction for a Class 4 felony violation of
20		prostitution. Motions to vacate and expunge under this
21		subsection (j) may be filed with the circuit court, Chief
22		Judge of a judicial circuit, or any judge of the circuit
23		court designated by the Chief Judge, and may include more
24		than one individual. When considering the motion to vacate
25		and expunge, a court shall consider the following reasons:
26		(A) the reasons to retain the records provided by

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1		law enforcement;
2		(B) the petitioner's age;
3		(C) the petitioner's age at the time of offense;
4		(D) the time since the conviction; and
5		(E) the specific adverse consequences if denied.
6		If the State's Attorney files a motion to vacate and
7		expunge records for felony prostitution convictions
8		pursuant to this Section, the State's Attorney shall
9		notify the Prisoner Review Board within 30 days of the
10		filing. If a motion to vacate and expunge is granted, the
11		records shall be expunged in accordance with subparagraph
12		(d)(9)(A) of this Section.
13		(5) In the public interest, the State's Attorney of a
14		county has standing to file motions to vacate and expunge
15		pursuant to this Section in the circuit court with
16		jurisdiction over the underlying conviction.
17		(6) The Illinois State Police shall allow a person to
18		a use the access and review process, established in the
19		Illinois State Police, for verifying that his or her
20		records relating to felony prostitution eligible under
21		this Section have been expunged.
22		(7) No conviction vacated pursuant to this Section
23		shall serve as the basis for damages for time unjustly
24		served as provided in the Court of Claims Act.
25		(8) Effect of Expungement. A person's right to expunge
26		an expungeable offense shall not be limited under this

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1		Section. The effect of an order of expungement shall be to
2		restore the person to the status he or she occupied before
3		the arrest, charge, or conviction.
4		(9) Information. The Illinois State Police shall post
5		general information on its website about the expungement
6		or sealing process described in this subsection (j).
7		(Source: P.A. 103-35, eff. 1-1-24; 103-154, eff. 6-30-23;
8		103-609, eff. 7-1-24; 103-755, eff. 8-2-24; 103-1071, eff.
9		7-1-25; 104-417, eff. 8-15-25; revised 1-20-26.)
10		(Text of Section after amendment by P.A. 104-459)
11		Sec. 5.2. Expungement, sealing, and immediate sealing.
12		(a) General Provisions.
13		(1) Definitions. In this Act, words and phrases have
14		the meanings set forth in this subsection, except when a
15		particular context clearly requires a different meaning.
16		(A) The following terms shall have the meanings
17		ascribed to them in the following Sections of the
18		Unified Code of Corrections:
19		Business Offense, Section 5-1-2.
20		Charge, Section 5-1-3.
21		Court, Section 5-1-6.
22		Defendant, Section 5-1-7.
23		Felony, Section 5-1-9.
24		Imprisonment, Section 5-1-10.
25		Judgment, Section 5-1-12.

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1		Misdemeanor, Section 5-1-14.
2		Offense, Section 5-1-15.
3		Parole, Section 5-1-16.
4		Petty Offense, Section 5-1-17.
5		Probation, Section 5-1-18.
6		Sentence, Section 5-1-19.
7		Supervision, Section 5-1-21.
8		Victim, Section 5-1-22.
9		(B) As used in this Section, "charge not initiated
10		by arrest" means a charge (as defined by Section 5-1-3
11		of the Unified Code of Corrections) brought against a
12		defendant where the defendant is not arrested prior to
13		or as a direct result of the charge.
14		(C) "Conviction" means a judgment of conviction or
15		sentence entered upon a plea of guilty or upon a
16		verdict or finding of guilty of an offense, rendered
17		by a legally constituted jury or by a court of
18		competent jurisdiction authorized to try the case
19		without a jury. An order of supervision successfully
20		completed by the petitioner is not a conviction. An
21		order of qualified probation (as defined in subsection
22		(a)(1)(J)) successfully completed by the petitioner is
23		not a conviction. An order of supervision or an order
24		of qualified probation that is terminated
25		unsatisfactorily is a conviction, unless the
26		unsatisfactory termination is reversed, vacated, or

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1		modified and the judgment of conviction, if any, is
2		reversed or vacated.
3		(D) "Criminal offense" means a petty offense,
4		business offense, misdemeanor, felony, or municipal
5		ordinance violation (as defined in subsection
6		(a)(1)(H)). As used in this Section, a minor traffic
7		offense (as defined in subsection (a)(1)(G)) shall not
8		be considered a criminal offense.
9		(E) "Expunge" means to physically destroy the
10		records or return them to the petitioner and to
11		obliterate the petitioner's name from any official
12		index or public record, or both. Nothing in this Act
13		shall require the physical destruction of the circuit
14		court file, but such records relating to arrests or
15		charges, or both, ordered expunged shall be impounded
16		as required by subsections (d)(9)(A)(ii) and
17		(d)(9)(B)(ii).
18		(F) As used in this Section, "last sentence" means
19		the sentence, order of supervision, or order of
20		qualified probation (as defined by subsection
21		(a)(1)(J)), for a criminal offense (as defined by
22		subsection (a)(1)(D)) that terminates last in time in
23		any jurisdiction, regardless of whether the petitioner
24		has included the criminal offense for which the
25		sentence or order of supervision or qualified
26		probation was imposed in his or her petition. If

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1		multiple sentences, orders of supervision, or orders
2		of qualified probation terminate on the same day and
3		are last in time, they shall be collectively
4		considered the "last sentence" regardless of whether
5		they were ordered to run concurrently.
6		(G) "Minor traffic offense" means a petty offense,
7		business offense, or Class C misdemeanor under the
8		Illinois Vehicle Code or a similar provision of a
9		municipal or local ordinance.
10		(G-5) "Minor Cannabis Offense" means a violation
11		of Section 4 or 5 of the Cannabis Control Act
12		concerning not more than 60 30 grams of any substance
13		containing cannabis, provided the violation did not
14		include a penalty enhancement under Section 7 of the
15		Cannabis Control Act and is not associated with an
16		arrest, conviction or other disposition for a violent
17		crime as defined in subsection (c) of Section 3 of the
18		Rights of Crime Victims and Witnesses Act.
19		(H) "Municipal ordinance violation" means an
20		offense defined by a municipal or local ordinance that
21		is criminal in nature and with which the petitioner
22		was charged or for which the petitioner was arrested
23		and released without charging.
24		(I) "Petitioner" means an adult or a minor
25		prosecuted as an adult who has applied for relief
26		under this Section.

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1		(J) "Qualified probation" means an order of
2		probation under Section 10 of the Cannabis Control
3		Act, Section 410 of the Illinois Controlled Substances
4		Act, Section 70 of the Methamphetamine Control and
5		Community Protection Act, Section 5-6-3.3 or 5-6-3.4
6		of the Unified Code of Corrections, Section
7		12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
8		those provisions existed before their deletion by
9		Public Act 89-313), Section 10-102 of the Illinois
10		Alcoholism and Other Drug Dependency Act, Section
11		40-10 of the Substance Use Disorder Act, or Section 10
12		of the Steroid Control Act. For the purpose of this
13		Section, "successful completion" of an order of
14		qualified probation under Section 10-102 of the
15		Illinois Alcoholism and Other Drug Dependency Act and
16		Section 40-10 of the Substance Use Disorder Act means
17		that the probation was terminated satisfactorily and
18		the judgment of conviction was vacated.
19		(K) (i) Except as provided in subdivision (ii),
20		"seal" means to physically and electronically maintain
21		the records, unless the records would otherwise be
22		destroyed due to age, but to make the records
23		unavailable without a court order, subject to the
24		exceptions in Sections 12 and 13 of this Act. The
25		petitioner's name shall also be obliterated from the
26		official index required to be kept by the circuit

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1		court clerk under Section 16 of the Clerks of Courts
2		Act, but any index issued by the circuit court clerk
3		before the entry of the order to seal shall not be
4		affected.
5		(ii) For records subject to relief under
6		subsection (k) of this Section, "seal" means to
7		physically and electronically maintain the records,
8		unless the records would otherwise be destroyed due to
9		age, but to have the records impounded, as defined in
10		paragraph (2) of subsection (b) of Section 5 of the
11		Court Record and Document Accessibility Act. The
12		defendant's name shall also be obliterated from the
13		official index required to be kept by the circuit
14		court clerk under Section 16 of the Clerks of Courts
15		Act. Upon request, and without court order, the
16		circuit court clerk shall provide to the Illinois
17		State Police the disposition information for any
18		record that was ordered to be sealed or impounded
19		pursuant to this Section.
20		(L) "Sexual offense committed against a minor"
21		includes, but is not limited to, the offenses of
22		indecent solicitation of a child or criminal sexual
23		abuse when the victim of such offense is under 18 years
24		of age.
25		(M) "Terminate" as it relates to a sentence or
26		order of supervision or qualified probation includes

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1		either satisfactory or unsatisfactory termination of
2		the sentence, unless otherwise specified in this
3		Section. A sentence is terminated notwithstanding any
4		outstanding financial legal obligation.
5		(2) Minor Traffic Offenses. Orders of supervision or
6		convictions for minor traffic offenses shall not affect a
7		petitioner's eligibility to expunge or seal records
8		pursuant to this Section.
9		(2.5) Commencing 180 days after July 29, 2016 (the
10		effective date of Public Act 99-697), the law enforcement
11		agency issuing the citation shall automatically expunge,
12		on or before January 1 and July 1 of each year, the law
13		enforcement records of a person found to have committed a
14		civil law violation of subsection (a) of Section 4 of the
15		Cannabis Control Act or subsection (c) of Section 3.5 of
16		the Drug Paraphernalia Control Act in the law enforcement
17		agency's possession or control and which contains the
18		final satisfactory disposition which pertain to the person
19		issued a citation for that offense. The law enforcement
20		agency shall provide by rule the process for access,
21		review, and to confirm the automatic expungement by the
22		law enforcement agency issuing the citation. Commencing
23		180 days after July 29, 2016 (the effective date of Public
24		Act 99-697), the clerk of the circuit court shall expunge,
25		upon order of the court, or in the absence of a court order
26		on or before January 1 and July 1 of each year, the court

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1		records of a person found in the circuit court to have
2		committed a civil law violation of subsection (a) of
3		Section 4 of the Cannabis Control Act or subsection (c) of
4		Section 3.5 of the Drug Paraphernalia Control Act in the
5		clerk's possession or control and which contains the final
6		satisfactory disposition which pertain to the person
7		issued a citation for any of those offenses.
8		(3) Exclusions. Except as otherwise provided in
9		subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
10		of this Section, the court shall not order:
11		(A) the sealing or expungement of the records of
12		arrests or charges not initiated by arrest that result
13		in an order of supervision for or conviction of: (i)
14		any sexual offense committed against a minor; (ii)
15		Section 11-501 of the Illinois Vehicle Code or a
16		similar provision of a local ordinance; or (iii)
17		Section 11-503 of the Illinois Vehicle Code or a
18		similar provision of a local ordinance, unless the
19		arrest or charge is for a misdemeanor violation of
20		subsection (a) of Section 11-503 or a similar
21		provision of a local ordinance, that occurred prior to
22		the offender reaching the age of 25 years and the
23		offender has no other conviction for violating Section
24		11-501 or 11-503 of the Illinois Vehicle Code or a
25		similar provision of a local ordinance.
26		(B) the sealing or expungement of records of minor

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1		traffic offenses (as defined in subsection (a)(1)(G)),
2		unless the petitioner was arrested and released
3		without charging.
4		(C) the sealing of the records of arrests or
5		charges not initiated by arrest which result in an
6		order of supervision or a conviction for the following
7		offenses:
8		(i) offenses included in Article 11 of the
9		Criminal Code of 1961 or the Criminal Code of 2012
10		or a similar provision of a local ordinance,
11		except Section 11-14 and a misdemeanor violation
12		of Section 11-30 of the Criminal Code of 1961 or
13		the Criminal Code of 2012, or a similar provision
14		of a local ordinance;
15		(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
16		26-5, or 48-1 of the Criminal Code of 1961 or the
17		Criminal Code of 2012, or a similar provision of a
18		local ordinance;
19		(iii) Section 12-3.1 or 12-3.2 of the Criminal
20		Code of 1961 or the Criminal Code of 2012, or
21		Section 125 of the Stalking No Contact Order Act,
22		or Section 219 of the Civil No Contact Order Act,
23		or a similar provision of a local ordinance;
24		(iv) Class A misdemeanors or felony offenses
25		under the Humane Care for Animals Act; or
26		(v) any offense or attempted offense that

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1		would subject a person to registration under the
2		Sex Offender Registration Act.
3		(D) (blank).
4		(b) Expungement.
5		(1) A petitioner may petition the circuit court to
6		expunge the records of his or her arrests and charges not
7		initiated by arrest when each arrest or charge not
8		initiated by arrest sought to be expunged resulted in: (i)
9		acquittal, dismissal, or the petitioner's release without
10		charging, unless excluded by subsection (a)(3)(B); (ii) a
11		conviction which was vacated or reversed, unless excluded
12		by subsection (a)(3)(B); (iii) an order of supervision and
13		such supervision was successfully completed by the
14		petitioner, unless excluded by subsection (a)(3)(A) or
15		(a)(3)(B); or (iv) an order of qualified probation (as
16		defined in subsection (a)(1)(J)) and such probation was
17		successfully completed by the petitioner.
18		(1.5) When a petitioner seeks to have a record of
19		arrest expunged under this Section, and the petitioner has
20		been convicted of a criminal offense, the State's Attorney
21		may object to the expungement on the grounds that the
22		records contain specific relevant information aside from
23		the mere fact of the arrest.
24		(2) Time frame for filing a petition to expunge.
25		(A) When the arrest or charge not initiated by
26		arrest sought to be expunged resulted in an acquittal,

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1		dismissal, the petitioner's release without charging,
2		or the reversal or vacation of a conviction, there is
3		no waiting period to petition for the expungement of
4		such records.
5		(A-5) In anticipation of the successful completion
6		of a problem-solving court, pre-plea diversion, or
7		post-plea diversion program, a petition for
8		expungement may be filed 61 days before the
9		anticipated dismissal of the case or any time
10		thereafter. Upon successful completion of the program
11		and dismissal of the case, the court shall review the
12		petition of the person graduating from the program and
13		shall grant expungement if the petitioner meets all
14		requirements as specified in any applicable statute.
15		(B) When the arrest or charge not initiated by
16		arrest sought to be expunged resulted in an order of
17		supervision, successfully completed by the petitioner,
18		the following time frames will apply:
19		(i) Those arrests or charges that resulted in
20		orders of supervision under Section 3-707, 3-708,
21		3-710, or 5-401.3 of the Illinois Vehicle Code or
22		a similar provision of a local ordinance, or under
23		Section 11-1.50, 12-3.2, or 12-15 of the Criminal
24		Code of 1961 or the Criminal Code of 2012, or a
25		similar provision of a local ordinance, shall not
26		be eligible for expungement until 5 years have

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1		passed following the satisfactory termination of
2		the supervision.
3		(i-5) Those arrests or charges that resulted
4		in orders of supervision for a misdemeanor
5		violation of subsection (a) of Section 11-503 of
6		the Illinois Vehicle Code or a similar provision
7		of a local ordinance, that occurred prior to the
8		petitioner reaching the age of 25 years and the
9		petitioner has no other conviction for violating
10		Section 11-501 or 11-503 of the Illinois Vehicle
11		Code or a similar provision of a local ordinance
12		shall not be eligible for expungement until the
13		petitioner has reached the age of 25 years.
14		(ii) Those arrests or charges that resulted in
15		orders of supervision for any other offenses shall
16		not be eligible for expungement until 2 years have
17		passed following the satisfactory termination of
18		the supervision.
19		(C) When the arrest or charge not initiated by
20		arrest sought to be expunged resulted in an order of
21		qualified probation, successfully completed by the
22		petitioner, such records shall not be eligible for
23		expungement until 5 years have passed following the
24		satisfactory termination of the probation.
25		(3) Those records maintained by the Illinois State
26		Police for persons arrested prior to their 17th birthday

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1		shall be expunged as provided in Section 5-915 of the
2		Juvenile Court Act of 1987.
3		(4) Whenever a person has been arrested for or
4		convicted of any offense, in the name of a person whose
5		identity he or she has stolen or otherwise come into
6		possession of, the aggrieved person from whom the identity
7		was stolen or otherwise obtained without authorization,
8		upon learning of the person having been arrested using his
9		or her identity, may, upon verified petition to the chief
10		judge of the circuit wherein the arrest was made, have a
11		court order entered nunc pro tunc by the Chief Judge to
12		correct the arrest record, conviction record, if any, and
13		all official records of the arresting authority, the
14		Illinois State Police, other criminal justice agencies,
15		the prosecutor, and the trial court concerning such
16		arrest, if any, by removing his or her name from all such
17		records in connection with the arrest and conviction, if
18		any, and by inserting in the records the name of the
19		petitioner, if known or ascertainable, in lieu of the
20		aggrieved's name. The records of the circuit court clerk
21		shall be sealed until further order of the court upon good
22		cause shown and the name of the aggrieved person
23		obliterated on the official index required to be kept by
24		the circuit court clerk under Section 16 of the Clerks of
25		Courts Act, but the order shall not affect any index
26		issued by the circuit court clerk before the entry of the

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1		order. Nothing in this Section shall limit the Illinois
2		State Police or other criminal justice agencies or
3		prosecutors from listing under a petitioner's name the
4		false names he or she has used.
5		(5) Whenever a person has been convicted of criminal
6		sexual assault, aggravated criminal sexual assault,
7		predatory criminal sexual assault of a child, criminal
8		sexual abuse, or aggravated criminal sexual abuse, the
9		victim of that offense may request that the State's
10		Attorney of the county in which the conviction occurred
11		file a verified petition with the presiding trial judge at
12		the petitioner's trial to have a court order entered to
13		seal the records of the circuit court clerk in connection
14		with the proceedings of the trial court concerning that
15		offense. However, the records of the arresting authority
16		and the Illinois State Police concerning the offense shall
17		not be sealed. The court, upon good cause shown, shall
18		make the records of the circuit court clerk in connection
19		with the proceedings of the trial court concerning the
20		offense available for public inspection.
21		(6) If a conviction has been set aside on direct
22		review or on collateral attack and the court determines by
23		clear and convincing evidence that the petitioner was
24		factually innocent of the charge, the court that finds the
25		petitioner factually innocent of the charge shall enter an
26		expungement order for the conviction for which the

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1		petitioner has been determined to be innocent as provided
2		in subsection (b) of Section 5-5-4 of the Unified Code of
3		Corrections.
4		(7) Nothing in this Section shall prevent the Illinois
5		State Police from maintaining all records of any person
6		who is admitted to probation upon terms and conditions and
7		who fulfills those terms and conditions pursuant to
8		Section 10 of the Cannabis Control Act, Section 410 of the
9		Illinois Controlled Substances Act, Section 70 of the
10		Methamphetamine Control and Community Protection Act,
11		Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
12		Corrections, Section 12-4.3 or subdivision (b)(1) of
13		Section 12-3.05 of the Criminal Code of 1961 or the
14		Criminal Code of 2012, Section 10-102 of the Illinois
15		Alcoholism and Other Drug Dependency Act, Section 40-10 of
16		the Substance Use Disorder Act, or Section 10 of the
17		Steroid Control Act.
18		(8) If the petitioner has been granted a certificate
19		of innocence under Section 2-702 of the Code of Civil
20		Procedure, the court that grants the certificate of
21		innocence shall also enter an order expunging the
22		conviction for which the petitioner has been determined to
23		be innocent as provided in subsection (h) of Section 2-702
24		of the Code of Civil Procedure.
25		(c) Sealing.
26		(1) Applicability. Notwithstanding any other provision

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1		of this Act to the contrary, and cumulative with any
2		rights to expungement of criminal records, this subsection
3		authorizes the sealing of criminal records of adults and
4		of minors prosecuted as adults. Subsection (g) of this
5		Section provides for immediate sealing of certain records.
6		(2) Eligible Records. The following records may be
7		sealed:
8		(A) All arrests resulting in release without
9		charging;
10		(B) Arrests or charges not initiated by arrest
11		resulting in acquittal, dismissal, or conviction when
12		the conviction was reversed or vacated, except as
13		excluded by subsection (a)(3)(B);
14		(C) Arrests or charges not initiated by arrest
15		resulting in orders of supervision, including orders
16		of supervision for municipal ordinance violations,
17		successfully completed by the petitioner, unless
18		excluded by subsection (a)(3);
19		(C-5) Arrests or charges not initiated by arrest
20		resulting in orders of qualified probation;
21		(D) Arrests or charges not initiated by arrest
22		resulting in convictions with sentences of conditional
23		discharge or probation, completed without revocation
24		by the petitioner, unless otherwise excluded by
25		subsection (a)(3);
26		(E) Arrests or charges not initiated by arrest

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1		resulting in misdemeanor convictions not included in
2		subsection (c)(2)(D), including convictions on
3		municipal ordinance violations, unless excluded by
4		subsection (a)(3); and
5		(F) Arrests or charges not initiated by arrest
6		resulting in felony convictions not included in
7		subsection (c)(2)(D) unless otherwise excluded by
8		subsection (a)(3).
9		(3) When Records Are Eligible to Be Sealed. Records
10		identified as eligible under subsection (c)(2) may be
11		sealed as follows:
12		(A) Records identified as eligible under
13		subsections (c)(2)(A) and (c)(2)(B) may be sealed at
14		any time.
15		(B) Records identified as eligible under
16		subsection (c)(2)(C), (c)(2)(C-5), (c)(2)(D), or
17		(c)(2)(E) may be sealed 2 years after the termination
18		of petitioner's last sentence (as defined in
19		subsection (a)(1)(F)).
20		(C) Except as otherwise provided in subparagraphs
21		(B) and (E) of this paragraph (3), records identified
22		as eligible under subsection (c)(2)(F) may be sealed 3
23		years after the termination of the petitioner's last
24		sentence (as defined in subsection (a)(1)(F)).
25		Convictions requiring public registration under the
26		Arsonist Registry Act, the Sex Offender Registration

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1		Act, or the Murderer and Violent Offender Against
2		Youth Registration Act may not be sealed until the
3		petitioner is no longer required to register under
4		that relevant Act.
5		(D) Records identified in subsection
6		(a)(3)(A)(iii) may be sealed after the petitioner has
7		reached the age of 25 years.
8		(E) Records identified as eligible under
9		subsection (c)(2)(F) may be sealed upon termination of
10		the petitioner's last sentence if the petitioner
11		earned a high school diploma, associate's degree,
12		career certificate, vocational technical
13		certification, or bachelor's degree, or passed the
14		high school level Test of General Educational
15		Development, during the period of his or her sentence
16		or mandatory supervised release. This subparagraph
17		shall apply only to a petitioner who has not completed
18		the same educational goal prior to the period of his or
19		her sentence or mandatory supervised release. If a
20		petition for sealing eligible records filed under this
21		subparagraph is denied by the court, the time periods
22		under subparagraph (C) shall apply to any subsequent
23		petition for sealing filed by the petitioner.
24		(4) (Blank).
25		(5) Notice of eligibility for sealing. Upon entry of a
26		disposition for an eligible record under this subsection

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1		(c), the petitioner shall be informed by the court of the
2		right to have the records sealed and the procedures for
3		the sealing of the records.
4		(d) Procedure. The following procedures apply to
5		expungement under subsections (b), (e), and (e-6) and sealing
6		under subsections (c) and (e-5):
7		(1) Filing the petition. Upon becoming eligible to
8		petition for the expungement or sealing of records under
9		this Section, the petitioner shall file a petition
10		requesting the expungement or sealing of records with the
11		clerk of the court where the arrests occurred or the
12		charges were brought, or both. If arrests occurred or
13		charges were brought in multiple jurisdictions, a petition
14		must be filed in each such jurisdiction. The petitioner
15		shall pay the applicable fee, except no fee shall be
16		required if the petitioner has obtained a court order
17		waiving fees under Supreme Court Rule 298 or it is
18		otherwise waived.
19		(1.5) County fee waiver pilot program. From August 9,
20		2019 (the effective date of Public Act 101-306) through
21		December 31, 2020, in a county of 3,000,000 or more
22		inhabitants, no fee shall be required to be paid by a
23		petitioner if the records sought to be expunged or sealed
24		were arrests resulting in release without charging or
25		arrests or charges not initiated by arrest resulting in
26		acquittal, dismissal, or conviction when the conviction

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1		was reversed or vacated, unless excluded by subsection
2		(a)(3)(B). The provisions of this paragraph (1.5), other
3		than this sentence, are inoperative on and after January
4		1, 2022.
5		(2) Contents of petition. The petition shall be
6		verified and shall contain the petitioner's name, date of
7		birth, current address and, for each arrest or charge not
8		initiated by arrest sought to be sealed or expunged, the
9		case number, the date of arrest (if any), the identity of
10		the arresting authority, and such other information as the
11		court may require. During the pendency of the proceeding,
12		the petitioner shall promptly notify the circuit court
13		clerk of any change of his or her address. If the
14		petitioner has received a certificate of eligibility for
15		sealing from the Prisoner Review Board under paragraph
16		(10) of subsection (a) of Section 3-3-2 of the Unified
17		Code of Corrections, the certificate shall be attached to
18		the petition.
19		(3) (Blank).
20		(4) Service of petition. The circuit court clerk shall
21		promptly serve a copy of the petition and documentation to
22		support the petition under subsection (e-5) or (e-6) on
23		the State's Attorney or prosecutor charged with the duty
24		of prosecuting the offense, the Illinois State Police, the
25		arresting agency, and, for municipal ordinance violations,
26		the chief legal officer of the unit of local government

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1		effecting the arrest.
2		(5) Objections.
3		(A) Any party entitled to notice of the petition
4		may file an objection to the petition. All objections
5		shall be in writing, shall be filed with the circuit
6		court clerk, and shall state with specificity the
7		basis of the objection. Whenever a person who has been
8		convicted of an offense is granted a pardon by the
9		Governor which specifically authorizes expungement, an
10		objection to the petition may not be filed.
11		(B) Objections to a petition to expunge or seal
12		must be filed within 60 days of the date of service of
13		the petition.
14		(6) Entry of order.
15		(A) The Chief Judge of the circuit wherein the
16		charge was brought, any judge of that circuit
17		designated by the Chief Judge, or in counties of less
18		than 3,000,000 inhabitants, the presiding trial judge
19		at the petitioner's trial, if any, shall rule on the
20		petition to expunge or seal as set forth in this
21		subsection (d)(6).
22		(B) Unless the State's Attorney or prosecutor, the
23		Illinois State Police, the arresting agency, or the
24		chief legal officer files an objection to the petition
25		to expunge or seal within 60 days from the date of
26		service of the petition, the court shall enter an

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1		order granting or denying the petition.
2		(C) Notwithstanding any other provision of law,
3		the court shall not deny a petition for sealing under
4		this Section because the petitioner has not satisfied
5		an outstanding legal financial obligation established,
6		imposed, or originated by a court, law enforcement
7		agency, or a municipal, State, county, or other unit
8		of local government, including, but not limited to,
9		any cost, assessment, fine, or fee. An outstanding
10		legal financial obligation does not include any court
11		ordered restitution to a victim under Section 5-5-6 of
12		the Unified Code of Corrections, unless the
13		restitution has been converted to a civil judgment.
14		Nothing in this subparagraph (C) waives, rescinds, or
15		abrogates a legal financial obligation or otherwise
16		eliminates or affects the right of the holder of any
17		financial obligation to pursue collection under
18		applicable federal, State, or local law.
19		(D) (Blank).
20		(7) Hearings. If an objection is filed, the court
21		shall set a date for a hearing and notify the petitioner
22		and all parties entitled to notice of the petition of the
23		hearing date at least 30 days prior to the hearing. Prior
24		to the hearing, the State's Attorney shall consult with
25		the Illinois State Police as to the appropriateness of the
26		relief sought in the petition to expunge or seal. At the

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1		hearing, the court shall hear evidence on whether the
2		petition should or should not be granted, and shall grant
3		or deny the petition to expunge or seal the records based
4		on the evidence presented at the hearing. The court may
5		consider the following:
6		(A) the strength of the evidence supporting the
7		defendant's conviction;
8		(B) the reasons for retention of the conviction
9		records by the State;
10		(C) the petitioner's age, criminal record history,
11		and employment history;
12		(D) the period of time between the petitioner's
13		arrest on the charge resulting in the conviction and
14		the filing of the petition under this Section; and
15		(E) the specific adverse consequences the
16		petitioner may be subject to if the petition is
17		denied.
18		(8) Service of order. After entering an order to
19		expunge or seal records, the court must provide copies of
20		the order to the Illinois State Police, in a form and
21		manner prescribed by the Illinois State Police, to the
22		petitioner, to the State's Attorney or prosecutor charged
23		with the duty of prosecuting the offense, to the arresting
24		agency, to the chief legal officer of the unit of local
25		government effecting the arrest for municipal ordinance
26		violations, and to such other criminal justice agencies as

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1		may be ordered by the court. The disposition information
2		for each case or record ordered expunged, sealed, or
3		impounded shall be attached to the order provided to the
4		Illinois State Police.
5		(9) Implementation of order.
6		(A) Upon entry of an order to expunge records
7		pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
8		both:
9		(i) the records shall be expunged (as defined
10		in subsection (a)(1)(E)) by the arresting agency,
11		the Illinois State Police, and any other agency as
12		ordered by the court, within 60 days of the date of
13		service of the order, unless a motion to vacate,
14		modify, or reconsider the order is filed pursuant
15		to paragraph (12) of subsection (d) of this
16		Section;
17		(ii) the records of the circuit court clerk
18		shall be impounded until further order of the
19		court upon good cause shown and the name of the
20		petitioner obliterated on the official index
21		required to be kept by the circuit court clerk
22		under Section 16 of the Clerks of Courts Act, but
23		the order shall not affect any index issued by the
24		circuit court clerk before the entry of the order;
25		and
26		(iii) in response to an inquiry for expunged

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1		records, the court, the Illinois State Police, or
2		the agency receiving such inquiry, shall reply as
3		it does in response to inquiries when no records
4		ever existed.
5		(B) Upon entry of an order to expunge records
6		pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
7		both:
8		(i) the records shall be expunged (as defined
9		in subsection (a)(1)(E)) by the arresting agency
10		and any other agency as ordered by the court,
11		within 60 days of the date of service of the order,
12		unless a motion to vacate, modify, or reconsider
13		the order is filed pursuant to paragraph (12) of
14		subsection (d) of this Section;
15		(ii) the records of the circuit court clerk
16		shall be impounded until further order of the
17		court upon good cause shown and the name of the
18		petitioner obliterated on the official index
19		required to be kept by the circuit court clerk
20		under Section 16 of the Clerks of Courts Act, but
21		the order shall not affect any index issued by the
22		circuit court clerk before the entry of the order;
23		(iii) the records shall be impounded by the
24		Illinois State Police within 60 days of the date
25		of service of the order as ordered by the court,
26		unless a motion to vacate, modify, or reconsider

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1		the order is filed pursuant to paragraph (12) of
2		subsection (d) of this Section;
3		(iv) records impounded by the Illinois State
4		Police may be disseminated by the Illinois State
5		Police only as required by law or to the arresting
6		authority, the State's Attorney, and the court
7		upon a later arrest for the same or a similar
8		offense or for the purpose of sentencing for any
9		subsequent felony, and to the Department of
10		Corrections upon conviction for any offense; and
11		(v) in response to an inquiry for such records
12		from anyone not authorized by law to access such
13		records, the court, the Illinois State Police, or
14		the agency receiving such inquiry shall reply as
15		it does in response to inquiries when no records
16		ever existed.
17		(B-5) Upon entry of an order to expunge records
18		under subsection (e-6):
19		(i) the records shall be expunged (as defined
20		in subsection (a)(1)(E)) by the arresting agency
21		and any other agency as ordered by the court,
22		within 60 days of the date of service of the order,
23		unless a motion to vacate, modify, or reconsider
24		the order is filed under paragraph (12) of
25		subsection (d) of this Section;
26		(ii) the records of the circuit court clerk

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1		shall be impounded until further order of the
2		court upon good cause shown and the name of the
3		petitioner obliterated on the official index
4		required to be kept by the circuit court clerk
5		under Section 16 of the Clerks of Courts Act, but
6		the order shall not affect any index issued by the
7		circuit court clerk before the entry of the order;
8		(iii) the records shall be impounded by the
9		Illinois State Police within 60 days of the date
10		of service of the order as ordered by the court,
11		unless a motion to vacate, modify, or reconsider
12		the order is filed under paragraph (12) of
13		subsection (d) of this Section;
14		(iv) records impounded by the Illinois State
15		Police may be disseminated by the Illinois State
16		Police only as required by law or to the arresting
17		authority, the State's Attorney, and the court
18		upon a later arrest for the same or a similar
19		offense or for the purpose of sentencing for any
20		subsequent felony, and to the Department of
21		Corrections upon conviction for any offense; and
22		(v) in response to an inquiry for these
23		records from anyone not authorized by law to
24		access the records, the court, the Illinois State
25		Police, or the agency receiving the inquiry shall
26		reply as it does in response to inquiries when no

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1		records ever existed.
2		(C) Upon entry of an order to seal records under
3		subsection (c), the arresting agency, any other agency
4		as ordered by the court, the Illinois State Police,
5		and the court shall seal the records (as defined in
6		subsection (a)(1)(K)). In response to an inquiry for
7		such records, from anyone not authorized by law to
8		access such records, the court, the Illinois State
9		Police, or the agency receiving such inquiry shall
10		reply as it does in response to inquiries when no
11		records ever existed.
12		(D) The Illinois State Police shall send written
13		notice to the petitioner of its compliance with each
14		order to expunge or seal records within 60 days of the
15		date of service of that order or, if a motion to
16		vacate, modify, or reconsider is filed, within 60 days
17		of service of the order resolving the motion, if that
18		order requires the Illinois State Police to expunge or
19		seal records. In the event of an appeal from the
20		circuit court order, the Illinois State Police shall
21		send written notice to the petitioner of its
22		compliance with an Appellate Court or Supreme Court
23		judgment to expunge or seal records within 60 days of
24		the issuance of the court's mandate. The notice is not
25		required while any motion to vacate, modify, or
26		reconsider, or any appeal or petition for

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1		discretionary appellate review, is pending.
2		(E) Upon motion, the court may order that a sealed
3		judgment or other court record necessary to
4		demonstrate the amount of any legal financial
5		obligation due and owing be made available for the
6		limited purpose of collecting any legal financial
7		obligations owed by the petitioner that were
8		established, imposed, or originated in the criminal
9		proceeding for which those records have been sealed.
10		The records made available under this subparagraph (E)
11		shall not be entered into the official index required
12		to be kept by the circuit court clerk under Section 16
13		of the Clerks of Courts Act and shall be immediately
14		re-impounded upon the collection of the outstanding
15		financial obligations.
16		(F) Notwithstanding any other provision of this
17		Section, a circuit court clerk may access a sealed
18		record for the limited purpose of collecting payment
19		for any legal financial obligations that were
20		established, imposed, or originated in the criminal
21		proceedings for which those records have been sealed.
22		(10) Fees. The Illinois State Police may charge the
23		petitioner a fee equivalent to the cost of processing any
24		order to expunge or seal records. Notwithstanding any
25		provision of the Clerks of Courts Act to the contrary, the
26		circuit court clerk may charge a fee equivalent to the

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1		cost associated with the sealing or expungement of records
2		by the circuit court clerk. From the total filing fee
3		collected for the petition to seal or expunge, the circuit
4		court clerk shall deposit $10 into the Circuit Court Clerk
5		Operation and Administrative Fund, to be used to offset
6		the costs incurred by the circuit court clerk in
7		performing the additional duties required to serve the
8		petition to seal or expunge on all parties. The circuit
9		court clerk shall collect and remit the Illinois State
10		Police portion of the fee to the State Treasurer and it
11		shall be deposited in the State Police Services Fund. If
12		the record brought under an expungement petition was
13		previously sealed under this Section, the fee for the
14		expungement petition for that same record shall be waived.
15		(11) Final Order. No court order issued under the
16		expungement or sealing provisions of this Section shall
17		become final for purposes of appeal until 30 days after
18		service of the order on the petitioner and all parties
19		entitled to notice of the petition.
20		(12) Motion to Vacate, Modify, or Reconsider. Under
21		Section 2-1203 of the Code of Civil Procedure, the
22		petitioner or any party entitled to notice may file a
23		motion to vacate, modify, or reconsider the order granting
24		or denying the petition to expunge or seal within 60 days
25		of service of the order. If filed more than 60 days after
26		service of the order, a petition to vacate, modify, or

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1		reconsider shall comply with subsection (c) of Section
2		2-1401 of the Code of Civil Procedure. Upon filing of a
3		motion to vacate, modify, or reconsider, notice of the
4		motion shall be served upon the petitioner and all parties
5		entitled to notice of the petition.
6		(13) Effect of Order. An order granting a petition
7		under the expungement or sealing provisions of this
8		Section shall not be considered void because it fails to
9		comply with the provisions of this Section or because of
10		any error asserted in a motion to vacate, modify, or
11		reconsider. The circuit court retains jurisdiction to
12		determine whether the order is voidable and to vacate,
13		modify, or reconsider its terms based on a motion filed
14		under paragraph (12) of this subsection (d).
15		(14) Compliance with Order Granting Petition to Seal
16		Records. Unless a court has entered a stay of an order
17		granting a petition to seal, all parties entitled to
18		notice of the petition must fully comply with the terms of
19		the order within 60 days of service of the order even if a
20		party is seeking relief from the order through a motion
21		filed under paragraph (12) of this subsection (d) or is
22		appealing the order.
23		(15) Compliance with Order Granting Petition to
24		Expunge Records. While a party is seeking relief from the
25		order granting the petition to expunge through a motion
26		filed under paragraph (12) of this subsection (d) or is

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1		appealing the order, and unless a court has entered a stay
2		of that order, the parties entitled to notice of the
3		petition must seal, but need not expunge, the records
4		until there is a final order on the motion for relief or,
5		in the case of an appeal, the issuance of that court's
6		mandate.
7		(16) The changes to this subsection (d) made by Public
8		Act 98-163 apply to all petitions pending on August 5,
9		2013 (the effective date of Public Act 98-163) and to all
10		orders ruling on a petition to expunge or seal on or after
11		August 5, 2013 (the effective date of Public Act 98-163).
12		(17) Upon request, and without court order, the
13		circuit court clerk shall provide the disposition
14		information for any record that was ordered to be sealed
15		or impounded pursuant to this Section to the Illinois
16		State Police.
17		(e) Whenever a person who has been convicted of an offense
18		is granted a pardon by the Governor which specifically
19		authorizes expungement, he or she may, upon verified petition
20		to the Chief Judge of the circuit where the person had been
21		convicted, any judge of the circuit designated by the Chief
22		Judge, or in counties of less than 3,000,000 inhabitants, the
23		presiding trial judge at the defendant's trial, have a court
24		order entered expunging the record of arrest from the official
25		records of the arresting authority and order that the records
26		of the circuit court clerk and the Illinois State Police be

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1		sealed until further order of the court upon good cause shown
2		or as otherwise provided herein, and the name of the defendant
3		obliterated from the official index requested to be kept by
4		the circuit court clerk under Section 16 of the Clerks of
5		Courts Act in connection with the arrest and conviction for
6		the offense for which he or she had been pardoned but the order
7		shall not affect any index issued by the circuit court clerk
8		before the entry of the order. All records sealed by the
9		Illinois State Police may be disseminated by the Illinois
10		State Police only to the arresting authority, the State's
11		Attorney, and the court upon a later arrest for the same or
12		similar offense or for the purpose of sentencing for any
13		subsequent felony. Upon conviction for any subsequent offense,
14		the Department of Corrections shall have access to all sealed
15		records of the Illinois State Police pertaining to that
16		individual. Upon entry of the order of expungement, the
17		circuit court clerk shall promptly mail a copy of the order to
18		the person who was pardoned.
19		(e-5) Whenever a person who has been convicted of an
20		offense is granted a certificate of eligibility for sealing by
21		the Prisoner Review Board which specifically authorizes
22		sealing, he or she may, upon verified petition to the Chief
23		Judge of the circuit where the person had been convicted, any
24		judge of the circuit designated by the Chief Judge, or in
25		counties of less than 3,000,000 inhabitants, the presiding
26		trial judge at the petitioner's trial, have a court order

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1		entered sealing the record of arrest from the official records
2		of the arresting authority and order that the records of the
3		circuit court clerk and the Illinois State Police be sealed
4		until further order of the court upon good cause shown or as
5		otherwise provided herein, and the name of the petitioner
6		obliterated from the official index requested to be kept by
7		the circuit court clerk under Section 16 of the Clerks of
8		Courts Act in connection with the arrest and conviction for
9		the offense for which he or she had been granted the
10		certificate but the order shall not affect any index issued by
11		the circuit court clerk before the entry of the order. All
12		records sealed by the Illinois State Police may be
13		disseminated by the Illinois State Police only as required by
14		this Act or to the arresting authority, a law enforcement
15		agency, the State's Attorney, and the court upon a later
16		arrest for the same or similar offense or for the purpose of
17		sentencing for any subsequent felony. Upon conviction for any
18		subsequent offense, the Department of Corrections shall have
19		access to all sealed records of the Illinois State Police
20		pertaining to that individual. Upon entry of the order of
21		sealing, the circuit court clerk shall promptly mail a copy of
22		the order to the person who was granted the certificate of
23		eligibility for sealing.
24		(e-6) Whenever a person who has been convicted of an
25		offense is granted a certificate of eligibility for
26		expungement by the Prisoner Review Board which specifically

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1		authorizes expungement, he or she may, upon verified petition
2		to the Chief Judge of the circuit where the person had been
3		convicted, any judge of the circuit designated by the Chief
4		Judge, or in counties of less than 3,000,000 inhabitants, the
5		presiding trial judge at the petitioner's trial, have a court
6		order entered expunging the record of arrest from the official
7		records of the arresting authority and order that the records
8		of the circuit court clerk and the Illinois State Police be
9		sealed until further order of the court upon good cause shown
10		or as otherwise provided herein, and the name of the
11		petitioner obliterated from the official index requested to be
12		kept by the circuit court clerk under Section 16 of the Clerks
13		of Courts Act in connection with the arrest and conviction for
14		the offense for which he or she had been granted the
15		certificate but the order shall not affect any index issued by
16		the circuit court clerk before the entry of the order. All
17		records sealed by the Illinois State Police may be
18		disseminated by the Illinois State Police only as required by
19		this Act or to the arresting authority, a law enforcement
20		agency, the State's Attorney, and the court upon a later
21		arrest for the same or similar offense or for the purpose of
22		sentencing for any subsequent felony. Upon conviction for any
23		subsequent offense, the Department of Corrections shall have
24		access to all expunged records of the Illinois State Police
25		pertaining to that individual. Upon entry of the order of
26		expungement, the circuit court clerk shall promptly mail a

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1		copy of the order to the person who was granted the certificate
2		of eligibility for expungement.
3		(f) Subject to available funding, the Illinois Department
4		of Corrections shall conduct a study of the impact of sealing,
5		especially on employment and recidivism rates, utilizing a
6		random sample of those who apply for the sealing of their
7		criminal records under Public Act 93-211. At the request of
8		the Illinois Department of Corrections, records of the
9		Illinois Department of Employment Security shall be utilized
10		as appropriate to assist in the study. The study shall not
11		disclose any data in a manner that would allow the
12		identification of any particular individual or employing unit.
13		The study shall be made available to the General Assembly no
14		later than September 1, 2010.
15		(g) Immediate Sealing.
16		(1) Applicability. Notwithstanding any other provision
17		of this Act to the contrary, and cumulative with any
18		rights to expungement or sealing of criminal records, this
19		subsection authorizes the immediate sealing of criminal
20		records of adults and of minors prosecuted as adults.
21		(2) Eligible Records. Arrests or charges not initiated
22		by arrest resulting in acquittal or dismissal with
23		prejudice, except as excluded by subsection (a)(3)(B),
24		that occur on or after January 1, 2018 (the effective date
25		of Public Act 100-282), may be sealed immediately if the
26		petition is filed with the circuit court clerk on the same

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1		day and during the same hearing in which the case is
2		disposed.
3		(3) When Records are Eligible to be Immediately
4		Sealed. Eligible records under paragraph (2) of this
5		subsection (g) may be sealed immediately after entry of
6		the final disposition of a case, notwithstanding the
7		disposition of other charges in the same case.
8		(4) Notice of Eligibility for Immediate Sealing. Upon
9		entry of a disposition for an eligible record under this
10		subsection (g), the defendant shall be informed by the
11		court of his or her right to have eligible records
12		immediately sealed and the procedure for the immediate
13		sealing of these records.
14		(5) Procedure. The following procedures apply to
15		immediate sealing under this subsection (g).
16		(A) Filing the Petition. Upon entry of the final
17		disposition of the case, the defendant's attorney may
18		immediately petition the court, on behalf of the
19		defendant, for immediate sealing of eligible records
20		under paragraph (2) of this subsection (g) that are
21		entered on or after January 1, 2018 (the effective
22		date of Public Act 100-282). The immediate sealing
23		petition may be filed with the circuit court clerk
24		during the hearing in which the final disposition of
25		the case is entered. If the defendant's attorney does
26		not file the petition for immediate sealing during the

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1		hearing, the defendant may file a petition for sealing
2		at any time as authorized under subsection (c)(3)(A).
3		(B) Contents of Petition. The immediate sealing
4		petition shall be verified and shall contain the
5		petitioner's name, date of birth, current address, and
6		for each eligible record, the case number, the date of
7		arrest if applicable, the identity of the arresting
8		authority if applicable, and other information as the
9		court may require.
10		(C) Drug Test. The petitioner shall not be
11		required to attach proof that he or she has passed a
12		drug test.
13		(D) Service of Petition. A copy of the petition
14		shall be served on the State's Attorney in open court.
15		The petitioner shall not be required to serve a copy of
16		the petition on any other agency.
17		(E) Entry of Order. The presiding trial judge
18		shall enter an order granting or denying the petition
19		for immediate sealing during the hearing in which it
20		is filed. Petitions for immediate sealing shall be
21		ruled on in the same hearing in which the final
22		disposition of the case is entered.
23		(F) Hearings. The court shall hear the petition
24		for immediate sealing on the same day and during the
25		same hearing in which the disposition is rendered.
26		(G) Service of Order. An order to immediately seal

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1		eligible records shall be served in conformance with
2		subsection (d)(8).
3		(H) Implementation of Order. An order to
4		immediately seal records shall be implemented in
5		conformance with subsections (d)(9)(C) and (d)(9)(D).
6		(I) Fees. The fee imposed by the circuit court
7		clerk and the Illinois State Police shall comply with
8		paragraph (1) of subsection (d) of this Section.
9		(J) Final Order. No court order issued under this
10		subsection (g) shall become final for purposes of
11		appeal until 30 days after service of the order on the
12		petitioner and all parties entitled to service of the
13		order in conformance with subsection (d)(8).
14		(K) Motion to Vacate, Modify, or Reconsider. Under
15		Section 2-1203 of the Code of Civil Procedure, the
16		petitioner, State's Attorney, or the Illinois State
17		Police may file a motion to vacate, modify, or
18		reconsider the order denying the petition to
19		immediately seal within 60 days of service of the
20		order. If filed more than 60 days after service of the
21		order, a petition to vacate, modify, or reconsider
22		shall comply with subsection (c) of Section 2-1401 of
23		the Code of Civil Procedure.
24		(L) Effect of Order. An order granting an
25		immediate sealing petition shall not be considered
26		void because it fails to comply with the provisions of

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1		this Section or because of an error asserted in a
2		motion to vacate, modify, or reconsider. The circuit
3		court retains jurisdiction to determine whether the
4		order is voidable, and to vacate, modify, or
5		reconsider its terms based on a motion filed under
6		subparagraph (L) of this subsection (g).
7		(M) Compliance with Order Granting Petition to
8		Seal Records. Unless a court has entered a stay of an
9		order granting a petition to immediately seal, all
10		parties entitled to service of the order must fully
11		comply with the terms of the order within 60 days of
12		service of the order.
13		(h) Sealing or vacation and expungement of trafficking
14		victims' crimes.
15		(1) A trafficking victim, as defined by paragraph (10)
16		of subsection (a) of Section 10-9 of the Criminal Code of
17		2012, may petition for vacation and expungement or
18		immediate sealing of his or her criminal record upon the
19		completion of his or her last sentence if his or her
20		participation in the underlying offense was a result of
21		human trafficking under Section 10-9 of the Criminal Code
22		of 2012 or a severe form of trafficking under the federal
23		Trafficking Victims Protection Act.
24		(1.5) A petition under paragraph (1) shall be
25		prepared, signed, and filed in accordance with Supreme
26		Court Rule 9. The court may allow the petitioner to attend

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1		any required hearing remotely in accordance with local
2		rules. The court may allow a petition to be filed under
3		seal if the public filing of the petition would constitute
4		a risk of harm to the petitioner.
5		(2) A petitioner under this subsection (h), in
6		addition to the requirements provided under paragraph (4)
7		of subsection (d) of this Section, shall include in his or
8		her petition a clear and concise statement that: (A) he or
9		she was a victim of human trafficking at the time of the
10		offense; and (B) that his or her participation in the
11		offense was a result of human trafficking under Section
12		10-9 of the Criminal Code of 2012 or a severe form of
13		trafficking under the federal Trafficking Victims
14		Protection Act.
15		(3) If an objection is filed alleging that the
16		petitioner is not entitled to vacation and expungement or
17		immediate sealing under this subsection (h), the court
18		shall conduct a hearing under paragraph (7) of subsection
19		(d) of this Section and the court shall determine whether
20		the petitioner is entitled to vacation and expungement or
21		immediate sealing under this subsection (h). A petitioner
22		is eligible for vacation and expungement or immediate
23		relief under this subsection (h) if he or she shows, by a
24		preponderance of the evidence, that: (A) he or she was a
25		victim of human trafficking at the time of the offense;
26		and (B) that his or her participation in the offense was a

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1		result of human trafficking under Section 10-9 of the
2		Criminal Code of 2012 or a severe form of trafficking
3		under the federal Trafficking Victims Protection Act.
4		(i) Minor Cannabis Offenses under the Cannabis Control
5		Act.
6		(1) Expungement of Arrest Records of Minor Cannabis
7		Offenses.
8		(A) The Illinois State Police and all law
9		enforcement agencies within the State shall
10		automatically expunge all criminal history records of
11		an arrest, charge not initiated by arrest, order of
12		supervision, or order of qualified probation for a
13		Minor Cannabis Offense committed prior to June 25,
14		2019 (the effective date of Public Act 101-27) if:
15		(i) One year or more has elapsed since the
16		date of the arrest or law enforcement interaction
17		documented in the records; and
18		(ii) No criminal charges were filed relating
19		to the arrest or law enforcement interaction or
20		criminal charges were filed and subsequently
21		dismissed or vacated or the arrestee was
22		acquitted.
23		(B) If the law enforcement agency is unable to
24		verify satisfaction of condition (ii) in paragraph
25		(A), records that satisfy condition (i) in paragraph
26		(A) shall be automatically expunged.

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1		(C) Records shall be expunged by the law
2		enforcement agency under the following timelines:
3		(i) Records created prior to June 25, 2019
4		(the effective date of Public Act 101-27), but on
5		or after January 1, 2013, shall be automatically
6		expunged prior to January 1, 2021;
7		(ii) Records created prior to January 1, 2013,
8		but on or after January 1, 2000, shall be
9		automatically expunged prior to January 1, 2023;
10		(iii) Records created prior to January 1, 2000
11		shall be automatically expunged prior to January
12		1, 2025.
13		In response to an inquiry for expunged records,
14		the law enforcement agency receiving such inquiry
15		shall reply as it does in response to inquiries when no
16		records ever existed; however, it shall provide a
17		certificate of disposition or confirmation that the
18		record was expunged to the individual whose record was
19		expunged if such a record exists.
20		(D) Nothing in this Section shall be construed to
21		restrict or modify an individual's right to have that
22		individual's records expunged except as otherwise may
23		be provided in this Act, or diminish or abrogate any
24		rights or remedies otherwise available to the
25		individual.
26		(2) Pardons Authorizing Expungement of Minor Cannabis

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1		Offenses.
2		(A) Upon June 25, 2019 (the effective date of
3		Public Act 101-27), the Department of State Police
4		shall review all criminal history record information
5		and identify all records that meet all of the
6		following criteria:
7		(i) one or more convictions for a Minor
8		Cannabis Offense;
9		(ii) the conviction identified in paragraph
10		(2)(A)(i) did not include a penalty enhancement
11		under Section 7 of the Cannabis Control Act; and
12		(iii) the conviction identified in paragraph
13		(2)(A)(i) is not associated with a conviction for
14		a violent crime as defined in subsection (c) of
15		Section 3 of the Rights of Crime Victims and
16		Witnesses Act.
17		(B) Within 180 days after June 25, 2019 (the
18		effective date of Public Act 101-27), the Department
19		of State Police shall notify the Prisoner Review Board
20		of all such records that meet the criteria established
21		in paragraph (2)(A).
22		(i) The Prisoner Review Board shall notify the
23		State's Attorney of the county of conviction of
24		each record identified by State Police in
25		paragraph (2)(A) that is classified as a Class 4
26		felony. The State's Attorney may provide a written

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1		objection to the Prisoner Review Board on the sole
2		basis that the record identified does not meet the
3		criteria established in paragraph (2)(A). Such an
4		objection must be filed within 60 days or by such
5		later date set by the Prisoner Review Board in the
6		notice after the State's Attorney received notice
7		from the Prisoner Review Board.
8		(ii) In response to a written objection from a
9		State's Attorney, the Prisoner Review Board is
10		authorized to conduct a non-public hearing to
11		evaluate the information provided in the
12		objection.
13		(iii) The Prisoner Review Board shall make a
14		confidential and privileged recommendation to the
15		Governor as to whether to grant a pardon
16		authorizing expungement for each of the records
17		identified by the Department of State Police as
18		described in paragraph (2)(A).
19		(C) If an individual has been granted a pardon
20		authorizing expungement as described in this Section,
21		the Prisoner Review Board, through the Attorney
22		General, shall file a petition for expungement with
23		the Chief Judge of the circuit or any judge of the
24		circuit designated by the Chief Judge where the
25		individual had been convicted. Such petition may
26		include more than one individual. Whenever an

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1		individual who has been convicted of an offense is
2		granted a pardon by the Governor that specifically
3		authorizes expungement, an objection to the petition
4		may not be filed. Petitions to expunge under this
5		subsection (i) may include more than one individual.
6		Within 90 days of the filing of such a petition, the
7		court shall enter an order expunging the records of
8		arrest from the official records of the arresting
9		authority and order that the records of the circuit
10		court clerk and the Illinois State Police be expunged
11		and the name of the defendant obliterated from the
12		official index requested to be kept by the circuit
13		court clerk under Section 16 of the Clerks of Courts
14		Act in connection with the arrest and conviction for
15		the offense for which the individual had received a
16		pardon but the order shall not affect any index issued
17		by the circuit court clerk before the entry of the
18		order. Upon entry of the order of expungement, the
19		circuit court clerk shall promptly provide a copy of
20		the order and a certificate of disposition to the
21		individual who was pardoned to the individual's last
22		known address or by electronic means (if available) or
23		otherwise make it available to the individual upon
24		request.
25		(D) Nothing in this Section is intended to
26		diminish or abrogate any rights or remedies otherwise

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1		available to the individual.
2		(3) Any individual may file a motion to vacate and
3		expunge a conviction for a misdemeanor or Class 4 felony
4		violation of Section 4 or Section 5 of the Cannabis
5		Control Act. Motions to vacate and expunge under this
6		subsection (i) may be filed with the circuit court, Chief
7		Judge of a judicial circuit or any judge of the circuit
8		designated by the Chief Judge. The circuit court clerk
9		shall promptly serve a copy of the motion to vacate and
10		expunge, and any supporting documentation, on the State's
11		Attorney or prosecutor charged with the duty of
12		prosecuting the offense. When considering such a motion to
13		vacate and expunge, a court shall consider the following:
14		the reasons to retain the records provided by law
15		enforcement, the petitioner's age, the petitioner's age at
16		the time of offense, the time since the conviction, and
17		the specific adverse consequences if denied. An individual
18		may file such a petition after the completion of any
19		non-financial sentence or non-financial condition imposed
20		by the conviction. Within 60 days of the filing of such
21		motion, a State's Attorney may file an objection to such a
22		petition along with supporting evidence. If a motion to
23		vacate and expunge is granted, the records shall be
24		expunged in accordance with subparagraphs (d)(8) and
25		(d)(9)(A) of this Section. An agency providing civil legal
26		aid, as defined by Section 15 of the Public Interest

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1		Attorney Assistance Act, assisting individuals seeking to
2		file a motion to vacate and expunge under this subsection
3		may file motions to vacate and expunge with the Chief
4		Judge of a judicial circuit or any judge of the circuit
5		designated by the Chief Judge, and the motion may include
6		more than one individual. Motions filed by an agency
7		providing civil legal aid concerning more than one
8		individual may be prepared, presented, and signed
9		electronically.
10		(4) Any State's Attorney may file a motion to vacate
11		and expunge a conviction for a misdemeanor or Class 4
12		felony violation of Section 4 or Section 5 of the Cannabis
13		Control Act. Motions to vacate and expunge under this
14		subsection (i) may be filed with the circuit court, Chief
15		Judge of a judicial circuit or any judge of the circuit
16		designated by the Chief Judge, and may include more than
17		one individual. Motions filed by a State's Attorney
18		concerning more than one individual may be prepared,
19		presented, and signed electronically. When considering
20		such a motion to vacate and expunge, a court shall
21		consider the following: the reasons to retain the records
22		provided by law enforcement, the individual's age, the
23		individual's age at the time of offense, the time since
24		the conviction, and the specific adverse consequences if
25		denied. Upon entry of an order granting a motion to vacate
26		and expunge records pursuant to this Section, the State's

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1		Attorney shall notify the Prisoner Review Board within 30
2		days. Upon entry of the order of expungement, the circuit
3		court clerk shall promptly provide a copy of the order and
4		a certificate of disposition to the individual whose
5		records will be expunged to the individual's last known
6		address or by electronic means (if available) or otherwise
7		make available to the individual upon request. If a motion
8		to vacate and expunge is granted, the records shall be
9		expunged in accordance with subparagraphs (d)(8) and
10		(d)(9)(A) of this Section.
11		(5) In the public interest, the State's Attorney of a
12		county has standing to file motions to vacate and expunge
13		pursuant to this Section in the circuit court with
14		jurisdiction over the underlying conviction.
15		(6) If a person is arrested for a Minor Cannabis
16		Offense as defined in this Section before June 25, 2019
17		(the effective date of Public Act 101-27) and the person's
18		case is still pending but a sentence has not been imposed,
19		the person may petition the court in which the charges are
20		pending for an order to summarily dismiss those charges
21		against him or her, and expunge all official records of
22		his or her arrest, plea, trial, conviction, incarceration,
23		supervision, or expungement. If the court determines, upon
24		review, that: (A) the person was arrested before June 25,
25		2019 (the effective date of Public Act 101-27) for an
26		offense that has been made eligible for expungement; (B)

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1		the case is pending at the time; and (C) the person has not
2		been sentenced of the minor cannabis violation eligible
3		for expungement under this subsection, the court shall
4		consider the following: the reasons to retain the records
5		provided by law enforcement, the petitioner's age, the
6		petitioner's age at the time of offense, the time since
7		the conviction, and the specific adverse consequences if
8		denied. If a motion to dismiss and expunge is granted, the
9		records shall be expunged in accordance with subparagraph
10		(d)(9)(A) of this Section.
11		(7) A person imprisoned solely as a result of one or
12		more convictions for Minor Cannabis Offenses under this
13		subsection (i) shall be released from incarceration upon
14		the issuance of an order under this subsection.
15		(8) The Illinois State Police shall allow a person to
16		use the access and review process, established in the
17		Illinois State Police, for verifying that his or her
18		records relating to Minor Cannabis Offenses of the
19		Cannabis Control Act eligible under this Section have been
20		expunged.
21		(9) No conviction vacated pursuant to this Section
22		shall serve as the basis for damages for time unjustly
23		served as provided in the Court of Claims Act.
24		(10) Effect of Expungement. A person's right to
25		expunge an expungeable offense shall not be limited under
26		this Section. The effect of an order of expungement shall

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1		be to restore the person to the status he or she occupied
2		before the arrest, charge, or conviction.
3		(11) Information. The Illinois State Police shall post
4		general information on its website about the expungement
5		process described in this subsection (i).
6		(j) Felony Prostitution Convictions.
7		(1) Automatic Sealing of Felony Prostitution Arrests.
8		(A) The Illinois State Police and local law
9		enforcement agencies within the State shall
10		automatically seal the law enforcement records
11		relating to a person's Class 4 felony arrests and
12		charges not initiated by arrest for prostitution if
13		that arrest or charge not initiated by arrest is
14		eligible for sealing under paragraph (2) of subsection
15		(c).
16		(B) In the absence of a court order or upon the
17		order of a court, the clerk of the circuit court shall
18		automatically seal the court records and case files
19		relating to a person's Class 4 felony arrests and
20		charges not initiated by arrest for prostitution if
21		that arrest or charge not initiated by arrest is
22		eligible for sealing under paragraph (2) of subsection
23		(c).
24		(C) The automatic sealing described in this
25		paragraph (1) shall be completed no later than January
26		1, 2028.

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1		(2) Automatic Sealing of Felony Prostitution
2		Convictions.
3		(A) The Illinois State Police and local law
4		enforcement agencies within the State shall
5		automatically seal the law enforcement records
6		relating to a person's Class 4 felony conviction for
7		prostitution if those records are eligible for sealing
8		under paragraph (2) of subsection (c).
9		(B) In the absence of a court order or upon the
10		order of a court, the clerk of the circuit court shall
11		automatically seal the court records relating to a
12		person's Class 4 felony conviction for prostitution if
13		those records are eligible for sealing under paragraph
14		(2) of subsection (c).
15		(C) The automatic sealing of records described in
16		this paragraph (2) shall be completed no later than
17		January 1, 2028.
18		(3) Motions to Vacate and Expunge Felony Prostitution
19		Convictions. Any individual may file a motion to vacate
20		and expunge a conviction for a prior Class 4 felony
21		violation of prostitution. Motions to vacate and expunge
22		under this subsection (j) may be filed with the circuit
23		court, Chief Judge of a judicial circuit, or any judge of
24		the circuit designated by the Chief Judge. When
25		considering the motion to vacate and expunge, a court
26		shall consider the following:

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1		(A) the reasons to retain the records provided by
2		law enforcement;
3		(B) the petitioner's age;
4		(C) the petitioner's age at the time of offense;
5		and
6		(D) the time since the conviction, and the
7		specific adverse consequences if denied. An individual
8		may file the petition after the completion of any
9		sentence or condition imposed by the conviction.
10		Within 60 days of the filing of the motion, a State's
11		Attorney may file an objection to the petition along
12		with supporting evidence. If a motion to vacate and
13		expunge is granted, the records shall be expunged in
14		accordance with subparagraph (d)(9)(A) of this
15		Section. An agency providing civil legal aid, as
16		defined in Section 15 of the Public Interest Attorney
17		Assistance Act, assisting individuals seeking to file
18		a motion to vacate and expunge under this subsection
19		may file motions to vacate and expunge with the Chief
20		Judge of a judicial circuit or any judge of the circuit
21		designated by the Chief Judge, and the motion may
22		include more than one individual.
23		(4) Any State's Attorney may file a motion to vacate
24		and expunge a conviction for a Class 4 felony violation of
25		prostitution. Motions to vacate and expunge under this
26		subsection (j) may be filed with the circuit court, Chief

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1		Judge of a judicial circuit, or any judge of the circuit
2		court designated by the Chief Judge, and may include more
3		than one individual. When considering the motion to vacate
4		and expunge, a court shall consider the following reasons:
5		(A) the reasons to retain the records provided by
6		law enforcement;
7		(B) the petitioner's age;
8		(C) the petitioner's age at the time of offense;
9		(D) the time since the conviction; and
10		(E) the specific adverse consequences if denied.
11		If the State's Attorney files a motion to vacate and
12		expunge records for felony prostitution convictions
13		pursuant to this Section, the State's Attorney shall
14		notify the Prisoner Review Board within 30 days of the
15		filing. If a motion to vacate and expunge is granted, the
16		records shall be expunged in accordance with subparagraph
17		(d)(9)(A) of this Section.
18		(5) In the public interest, the State's Attorney of a
19		county has standing to file motions to vacate and expunge
20		pursuant to this Section in the circuit court with
21		jurisdiction over the underlying conviction.
22		(6) The Illinois State Police shall allow a person to
23		a use the access and review process, established in the
24		Illinois State Police, for verifying that his or her
25		records relating to felony prostitution eligible under
26		this Section have been expunged.

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1		(7) No conviction vacated pursuant to this Section
2		shall serve as the basis for damages for time unjustly
3		served as provided in the Court of Claims Act.
4		(8) Effect of Expungement. A person's right to expunge
5		an expungeable offense shall not be limited under this
6		Section. The effect of an order of expungement shall be to
7		restore the person to the status he or she occupied before
8		the arrest, charge, or conviction.
9		(9) Information. The Illinois State Police shall post
10		general information on its website about the expungement
11		or sealing process described in this subsection (j).
12		(k) Automatic Sealing.
13		(1) Applicability. Notwithstanding any other provision
14		of this Act, and cumulative with any rights to expungement
15		or sealing of criminal records, this subsection authorizes
16		the automatic sealing of criminal records of adults and of
17		minors prosecuted as adults. Any duties imposed upon the
18		Illinois State Police by this Act are subject to
19		appropriations being made for that purpose to the State
20		Police Services Fund. Any duties imposed upon circuit
21		clerks by this Act are subject to appropriations being
22		made for that purpose to the Circuit Court Clerk Operation
23		and Administrative Fund.
24		(2) Beginning January 1, 2029, records created on or
25		after January 1, 1970 that meet the eligibility criteria
26		in paragraph (k)(3) and timing criteria in paragraph

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1		(k)(4) or (k)(5) shall be automatically sealed without the
2		filing of a petition. The Illinois State Police shall
3		identify eligible records, automatically seal eligible
4		records, and provide an electronic notice to circuit
5		clerks, by means of the applicable e-filing system.
6		Commencing January 1, 2029, the Illinois State Police
7		shall, at least quarterly, seal all records identified as
8		subject to automatic sealing in paragraph (k)(3) and
9		meeting time requirements under paragraph (k)(5). At least
10		quarterly, the Illinois State Police shall electronically
11		notify each circuit court of all previously unidentified
12		records originating in that county for which a record is
13		subject to automatic sealing pursuant to this subsection.
14		Upon receipt of notice from the Illinois State Police,
15		circuit clerks shall seal records as that term is defined
16		in subsection (a)(1)(K)(ii). For records held
17		electronically, circuit clerks shall seal records within
18		90 days of notice from the Illinois State Police. For
19		records not held electronically, circuit clerks shall
20		ensure that the individual's name is obliterated from the
21		official index required to be kept by the circuit court
22		clerk under Section 16 of the Clerks of Courts Act and
23		shall also ensure that the permanent record, as defined by
24		the Supreme Court, is sealed as defined in subsection
25		(a)(1)(K)(ii) before anyone not authorized by law is able
26		to access the physical records.

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1		For all records created before January 1, 2029, the
2		following timelines shall apply:
3		(A) Records created prior to January 1, 2029 but
4		on or after July 1, 2005 shall be identified and sealed
5		by the Illinois State Police, with notice provided to
6		circuit clerks by means of the applicable e-filing
7		system, by January 1, 2030. Circuit clerks shall seal
8		records in accordance with the procedures established
9		in this Section by January 1, 2031.
10		(B) Records created prior to July 1, 2005 but on or
11		after July 1, 1990 shall be identified and sealed by
12		the Illinois State Police, with notice provided to
13		circuit clerks by means of the applicable e-filing
14		system, by January 1, 2031. Circuit clerks shall seal
15		records in accordance with the procedures established
16		in this Section by January 1, 2032.
17		(C) Records created prior to July 1, 1990 but on or
18		after July 1, 1970 shall be identified and sealed by
19		the Illinois State Police, with notice provided to
20		circuit clerks by means of the applicable e-filing
21		system, by January 1, 2032. Circuit clerks shall seal
22		records in accordance with the procedures established
23		in this Section by January 1, 2034.
24		(3) Records listed in subsection (c)(2) are eligible
25		for automatic record sealing unless excluded by subsection
26		(a)(3) or in this paragraph (3):

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1		(A) Records are not eligible for automatic sealing
2		while the subject of the record is serving a sentence,
3		order of supervision, or order of qualified probation
4		for a criminal offense in this State. Records are not
5		eligible for automatic sealing if the subject of the
6		record has pending filed charges. For the purposes of
7		determining if a charge is pending, if the Illinois
8		State Police is otherwise unable to determine
9		disposition status, misdemeanor charges shall not be
10		considered pending if one year has elapsed since the
11		filing of charges and felony charges shall not be
12		considered pending if 7 years have elapsed since the
13		filing of charges.
14		(B) Records of conviction for offenses included in
15		Article 9 or 11 of the Criminal Code of 1961 or the
16		Criminal Code of 2012, for felonies designated as
17		Class X, and for felonies that require public
18		registration under the Sex Offender Registration Act
19		are not eligible for automatic sealing.
20		Notwithstanding this subparagraph, offenses included
21		in Section 11-14 of the Criminal Code of 1961 or the
22		Criminal Code of 2012 are eligible for automatic
23		sealing. A conviction of a crime of violence, as that
24		term is defined in Section 20 of the Drug Court
25		Treatment Act, is not eligible for automatic sealing.
26		A conviction of trafficking in persons, involuntary

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1		servitude, or involuntary sexual servitude of a minor,
2		a conviction of organized retail crime, a conviction
3		of robbery, a conviction of vehicular hijacking, a
4		conviction of burglary that is a Class 1 or 2 felony,
5		or a conviction of residential burglary, as those
6		terms are used in Sections 10-9, 16-25.1, 18-1, 18-3,
7		19-1, and 19-3 of the Criminal Code of 2012, is not
8		eligible for automatic sealing. Convictions requiring
9		public registration under the Arsonist Registration
10		Act or the Murderer and Violent Offender Against Youth
11		Registration Act are not eligible for automatic
12		sealing until the petitioner is no longer required to
13		register under the relevant Act.
14		(C) Records with the same case number as a
15		conviction listed in subparagraph (B) are not eligible
16		for automatic sealing.
17		(D) Felony conviction records are not eligible for
18		automatic sealing until all felony conviction records
19		eligible for automatic sealing for the subject of the
20		record have met the time requirements in paragraph
21		(5).
22		(4) Automatic Sealing of Nonconviction Records.
23		Arrests or charges not initiated by arrest resulting in
24		acquittal or dismissal, except as excluded by subsection
25		(a)(3)(B), that occur on or after January 1, 2029 shall be
26		sealed immediately after entry of the final disposition of

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1		a case, except as provided in subsection (k)(3)(C). Upon
2		entry of a disposition for an eligible record under this
3		paragraph, the defendant shall be informed by the court
4		that the defendant's eligible records will be immediately
5		sealed and the procedure for the immediate sealing of
6		these records. The court shall enter an order sealing the
7		record after entry of the final disposition of a case.
8		After sealing records pursuant to this paragraph, the
9		circuit court clerk must provide notice of sealing to the
10		Illinois State Police and to the arresting agency in a
11		form and manner prescribed by the Supreme Court. The
12		circuit clerk shall provide this notice within 30 days of
13		sealing the record and may do so electronically. An order
14		to immediately seal records shall be implemented in
15		conformance with paragraph (8).
16		(5) When Records are Subject to Automatic Sealing.
17		(A) Records of arrest resulting in release without
18		charging and records of arrests or charges not
19		initiated by arrest resulting in acquittal, dismissal,
20		or conviction when the conviction was reversed or
21		vacated are subject to automatic sealing immediately.
22		(B) Records of arrests or charges not initiated by
23		arrest resulting in orders of supervision, including
24		orders of supervision for municipal ordinance
25		violations, resulting in orders of qualified
26		probation, are subject to automatic sealing if 2 years

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1		have elapsed since the termination of the order of
2		supervision or qualified probation.
3		(C) Arrests or charges not initiated by arrest
4		resulting in misdemeanor convictions are subject to
5		automatic sealing if two years have elapsed since the
6		termination of the sentence associated with the
7		record.
8		(D) Arrests or charges not initiated by arrest
9		resulting in convictions for felony offenses are
10		subject to automatic sealing if 3 years have elapsed
11		since the termination of the sentence associated with
12		the record.
13		(E) For the purposes of determining if the
14		timelines in this paragraph (5) have been met, the
15		Illinois State Police shall consider records in its
16		possession and, in the absence of disposition or
17		sentence termination records, shall deem sentences
18		terminated based on the sentence or supervision term
19		length information in its possession. In the absence
20		of a known term length of probation or conditional
21		discharge, the Illinois State Police shall deem a term
22		completed if the maximum probation or conditional
23		discharge term length for the statutory class of the
24		offense has elapsed since the disposition date.
25		(6) Notice. At least monthly, the circuit court clerk
26		shall provide notice to each arresting agency of all

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1		records sealed under this subsection. The circuit court
2		clerk may provide this notice electronically.
3		(7) Implementation.
4		(A) Upon notice of sealing provided by the circuit
5		court clerk, the arresting agency and any other agency
6		receiving notice of sealing shall seal the records
7		under the procedures in subsections (a)(1)(K) and
8		(d)(9)(C).
9		(B) In response to an inquiry for the sealed
10		records from anyone not authorized by law to access
11		the records, the court, the Illinois State Police, the
12		arresting agency, or the prosecuting agency receiving
13		the inquiry shall reply as it does in response to
14		inquiries when no records ever existed.
15		(C) Each circuit court that has sealed a record
16		shall make those records available to the subject of
17		the record, or an attorney representing the subject of
18		the record, without court order within 7 days.
19		(8) Upon request, the circuit court clerk shall
20		provide disposition information for any record sealed
21		pursuant to this subsection to the Illinois State Police,
22		the arresting agency, the State's Attorney, or prosecutor
23		that prosecuted the offense. If the Illinois State Police,
24		arresting agency, State's Attorney, or prosecutor that
25		prosecuted the offense determine a record has been
26		improperly sealed pursuant to this subsection, the

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1		Illinois State Police, arresting agency, State's Attorney,
2		or prosecutor that prosecuted the offense may file a
3		petition to unseal the record with the court that entered
4		the original record. If the court determines the record
5		was improperly sealed, the court shall enter an order
6		unsealing the record.
7		(9) Records sealed under this subsection shall be used
8		and disseminated by the Illinois State Police only as
9		required or authorized by a federal or State law, rule, or
10		regulation that requires inquiry into and release of
11		criminal records. The Department of Corrections shall have
12		access to all sealed records of the Illinois State Police
13		pertaining to individuals committed or confined within or
14		sentenced to a term of imprisonment within a correctional
15		institution or facility.
16		(10) The Illinois State Police shall allow a person to
17		use the access and review process, established by the
18		Illinois State Police, for verifying that the person's
19		records eligible under this subsection have been sealed.
20		As part of the access and review process, upon request,
21		the Illinois State Police shall provide the subject of the
22		record written confirmation that the record was sealed
23		under this subsection.
24		(11) An individual may challenge the individual's
25		record and request corrections, including the sealing of
26		records eligible under this subsection, by completing and

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1		submitting a record challenge form to the Illinois State
2		Police. The Illinois State Police shall automatically seal
3		all records identified as eligible under this subsection
4		based on the access and review process. The Illinois State
5		Police shall include any records identified as eligible
6		under this process in the next electronic notification of
7		the circuit court in which the case originated. The
8		Illinois State Police shall render a final administrative
9		decision with respect to the record challenge, which shall
10		be subject to administrative appeal procedures established
11		by the Illinois Criminal Justice Information Authority.
12		(12) Nothing in this Section shall be construed to
13		restrict or modify an individual's right to have that
14		individual's records expunged or sealed except as
15		otherwise may be provided in this Act or diminish or
16		abrogate any rights or remedies otherwise available to the
17		individual.
18		(13) The State or the county, or an official or
19		employee of the State or the county acting in the course of
20		the official's or employee's duties, is not liable for an
21		injury or loss a person might receive due to an act or
22		omission of a person in the commission of the person's
23		duties under this Act, except for willful, wanton
24		misconduct or gross negligence on the part of the
25		governmental unit or on the part of the official or
26		employee.

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1		(l) Municipal ordinance violations and Class C
2		misdemeanors. Notwithstanding any other provision of this Act
3		to the contrary and cumulative with any rights to expungement
4		of criminal records, this subsection requires the sealing of
5		criminal records of municipal ordinance violations and Class C
6		misdemeanors without petition. Beginning January 1, 2028, and
7		on January 1 and July 1 of each year thereafter, circuit court
8		clerks shall seal any criminal records of arrests or charges
9		not initiated by arrest resulting in charges or convictions
10		for municipal ordinance violations or Class C misdemeanors if
11		one year has elapsed since the case was closed as designated by
12		the Supreme Court.
13		(Source: P.A. 103-35, eff. 1-1-24; 103-154, eff. 6-30-23;
14		103-609, eff. 7-1-24; 103-755, eff. 8-2-24; 103-1071, eff.
15		7-1-25; 104-417, eff. 8-15-25; 104-459, eff. 6-1-26; revised
16		1-20-26.)
17		Section 110. The State Finance Act is amended by changing
18		Sections 5.890 and 5.916 and adding Section 5.1038 as follows:
19		(30 ILCS 105/5.890)
20		Sec. 5.890. The Industrial Hemp Regulatory Fund. This
21		Section is repealed on January 1, 2028.
22		(Source: P.A. 100-1091, eff. 8-26-18; 101-81, eff. 7-12-19.)
23		(30 ILCS 105/5.916)

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1		Sec. 5.916. The Local Cannabis Retailers' Occupation
2		Consumer Excise Tax Trust Fund.
3		(Source: P.A. 101-27, eff. 6-25-19; 102-558, eff. 8-20-21.)
4		(30 ILCS 105/5.1038 new)
5		Sec. 5.1038. The Illinois Hemp Regulatory Fund.
6		Section 115. The Illinois Procurement Code is amended by
7		changing Section 1-10 as follows:
8		(30 ILCS 500/1-10)
9		(Text of Section before amendment by P.A. 104-458)
10		Sec. 1-10. Application.
11		(a) This Code applies only to procurements for which
12		bidders, offerors, potential contractors, or contractors were
13		first solicited on or after July 1, 1998. This Code shall not
14		be construed to affect or impair any contract, or any
15		provision of a contract, entered into based on a solicitation
16		prior to the implementation date of this Code as described in
17		Article 99, including, but not limited to, any covenant
18		entered into with respect to any revenue bonds or similar
19		instruments. All procurements for which contracts are
20		solicited between the effective date of Articles 50 and 99 and
21		July 1, 1998 shall be substantially in accordance with this
22		Code and its intent.
23		(b) This Code shall apply regardless of the source of the

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1		funds with which the contracts are paid, including federal
2		assistance moneys. This Code shall not apply to:
3		(1) Contracts between the State and its political
4		subdivisions or other governments, or between State
5		governmental bodies, except as specifically provided in
6		this Code.
7		(2) Grants, except for the filing requirements of
8		Section 20-80.
9		(3) Purchase of care, except as provided in Section
10		5-30.6 of the Illinois Public Aid Code and this Section.
11		(4) Hiring of an individual as an employee and not as
12		an independent contractor, whether pursuant to an
13		employment code or policy or by contract directly with
14		that individual.
15		(5) Collective bargaining contracts.
16		(6) Purchase of real estate, except that notice of
17		this type of contract with a value of more than $25,000
18		must be published in the Procurement Bulletin within 10
19		calendar days after the deed is recorded in the county of
20		jurisdiction. The notice shall identify the real estate
21		purchased, the names of all parties to the contract, the
22		value of the contract, and the effective date of the
23		contract.
24		(7) Contracts necessary to prepare for anticipated
25		litigation, enforcement actions, or investigations,
26		provided that the chief legal counsel to the Governor

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1		shall give his or her prior approval when the procuring
2		agency is one subject to the jurisdiction of the Governor,
3		and provided that the chief legal counsel of any other
4		procuring entity subject to this Code shall give his or
5		her prior approval when the procuring entity is not one
6		subject to the jurisdiction of the Governor.
7		(8) (Blank).
8		(9) Procurement expenditures by the Illinois
9		Conservation Foundation when only private funds are used.
10		(10) (Blank).
11		(11) Public-private agreements entered into according
12		to the procurement requirements of Section 20 of the
13		Public-Private Partnerships for Transportation Act and
14		design-build agreements entered into according to the
15		procurement requirements of Section 25 of the
16		Public-Private Partnerships for Transportation Act.
17		(12) (A) Contracts for legal, financial, and other
18		professional and artistic services entered into by the
19		Illinois Finance Authority in which the State of Illinois
20		is not obligated. Such contracts shall be awarded through
21		a competitive process authorized by the members of the
22		Illinois Finance Authority and are subject to Sections
23		5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
24		as well as the final approval by the members of the
25		Illinois Finance Authority of the terms of the contract.
26		(B) Contracts for legal and financial services entered

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1		into by the Illinois Housing Development Authority in
2		connection with the issuance of bonds in which the State
3		of Illinois is not obligated. Such contracts shall be
4		awarded through a competitive process authorized by the
5		members of the Illinois Housing Development Authority and
6		are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
7		and 50-37 of this Code, as well as the final approval by
8		the members of the Illinois Housing Development Authority
9		of the terms of the contract.
10		(13) Contracts for services, commodities, and
11		equipment to support the delivery of timely forensic
12		science services in consultation with and subject to the
13		approval of the Chief Procurement Officer as provided in
14		subsection (d) of Section 5-4-3a of the Unified Code of
15		Corrections, except for the requirements of Sections
16		20-60, 20-65, 20-70, and 20-160 and Article 50 of this
17		Code; however, the Chief Procurement Officer may, in
18		writing with justification, waive any certification
19		required under Article 50 of this Code. For any contracts
20		for services which are currently provided by members of a
21		collective bargaining agreement, the applicable terms of
22		the collective bargaining agreement concerning
23		subcontracting shall be followed.
24		On and after January 1, 2019, this paragraph (13),
25		except for this sentence, is inoperative.
26		(14) Contracts for participation expenditures required

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1		by a domestic or international trade show or exhibition of
2		an exhibitor, member, or sponsor.
3		(15) Contracts with a railroad or utility that
4		requires the State to reimburse the railroad or utilities
5		for the relocation of utilities for construction or other
6		public purpose. Contracts included within this paragraph
7		(15) shall include, but not be limited to, those
8		associated with: relocations, crossings, installations,
9		and maintenance. For the purposes of this paragraph (15),
10		"railroad" means any form of non-highway ground
11		transportation that runs on rails or electromagnetic
12		guideways and "utility" means: (1) public utilities as
13		defined in Section 3-105 of the Public Utilities Act, (2)
14		telecommunications carriers as defined in Section 13-202
15		of the Public Utilities Act, (3) electric cooperatives as
16		defined in Section 3.4 of the Electric Supplier Act, (4)
17		telephone or telecommunications cooperatives as defined in
18		Section 13-212 of the Public Utilities Act, (5) rural
19		water or wastewater waste water systems with 10,000
20		connections or less, (6) a holder as defined in Section
21		21-201 of the Public Utilities Act, and (7) municipalities
22		owning or operating utility systems consisting of public
23		utilities as that term is defined in Section 11-117-2 of
24		the Illinois Municipal Code.
25		(16) Procurement expenditures necessary for the
26		Department of Public Health to provide the delivery of

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1		timely newborn screening services in accordance with the
2		Newborn Metabolic Screening Act.
3		(17) Procurement expenditures necessary for the
4		Department of Agriculture, the Department of Financial and
5		Professional Regulation, the Department of Human Services,
6		and the Department of Public Health to implement the
7		Compassionate Use of Medical Cannabis Program and Opioid
8		Alternative Pilot Program requirements and ensure access
9		to medical cannabis for patients with debilitating medical
10		conditions in accordance with the Compassionate Use of
11		Medical Cannabis Program Act.
12		(18) This Code does not apply to any procurements
13		necessary for the Department of Agriculture or , the
14		Department of Financial and Professional Regulation, the
15		Department of Human Services, the Department of Commerce
16		and Economic Opportunity, and the Department of Public
17		Health to implement the Cannabis Regulation and Tax Act
18		and for the Department of Agriculture to implement the
19		Illinois Hemp Act if the applicable agency has made a good
20		faith determination that it is necessary and appropriate
21		for the expenditure to fall within this exemption and if
22		the process is conducted in a manner substantially in
23		accordance with the requirements of Sections 20-160,
24		25-60, 30-22, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15,
25		50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50 of
26		this Code; however, for Section 50-35, compliance applies

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1		only to contracts or subcontracts over $100,000. Notice of
2		each contract entered into under this paragraph (18) that
3		is related to the procurement of goods and services
4		identified in paragraph (1) through (9) of this subsection
5		shall be published in the Procurement Bulletin within 14
6		calendar days after contract execution. The Chief
7		Procurement Officer shall prescribe the form and content
8		of the notice. Each agency shall provide the Chief
9		Procurement Officer, on a monthly basis, in the form and
10		content prescribed by the Chief Procurement Officer, a
11		report of contracts that are related to the procurement of
12		goods and services identified in this subsection. At a
13		minimum, this report shall include the name of the
14		contractor, a description of the supply or service
15		provided, the total amount of the contract, the term of
16		the contract, and the exception to this Code utilized. A
17		copy of any or all of these contracts shall be made
18		available to the Chief Procurement Officer immediately
19		upon request. The Chief Procurement Officer shall submit a
20		report to the Governor and General Assembly no later than
21		November 1 of each year that includes, at a minimum, an
22		annual summary of the monthly information reported to the
23		Chief Procurement Officer. This exemption becomes
24		inoperative 10 5 years after June 25, 2019 (the effective
25		date of Public Act 101-27).
26		(19) Acquisition of modifications or adjustments,

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1		limited to assistive technology devices and assistive
2		technology services, adaptive equipment, repairs, and
3		replacement parts to provide reasonable accommodations (i)
4		that enable a qualified applicant with a disability to
5		complete the job application process and be considered for
6		the position such qualified applicant desires, (ii) that
7		modify or adjust the work environment to enable a
8		qualified current employee with a disability to perform
9		the essential functions of the position held by that
10		employee, (iii) to enable a qualified current employee
11		with a disability to enjoy equal benefits and privileges
12		of employment as are enjoyed by other similarly situated
13		employees without disabilities, and (iv) that allow a
14		customer, client, claimant, or member of the public
15		seeking State services full use and enjoyment of and
16		access to its programs, services, or benefits.
17		For purposes of this paragraph (19):
18		"Assistive technology devices" means any item, piece
19		of equipment, or product system, whether acquired
20		commercially off the shelf, modified, or customized, that
21		is used to increase, maintain, or improve functional
22		capabilities of individuals with disabilities.
23		"Assistive technology services" means any service that
24		directly assists an individual with a disability in
25		selection, acquisition, or use of an assistive technology
26		device.

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1		"Qualified" has the same meaning and use as provided
2		under the federal Americans with Disabilities Act when
3		describing an individual with a disability.
4		(20) Procurement expenditures necessary for the
5		Illinois Commerce Commission to hire third-party
6		facilitators pursuant to Sections 16-105.17 and 16-108.18
7		of the Public Utilities Act or an ombudsman pursuant to
8		Section 16-107.5 of the Public Utilities Act, a
9		facilitator pursuant to Section 16-105.17 of the Public
10		Utilities Act, or a grid auditor pursuant to Section
11		16-105.10 of the Public Utilities Act.
12		(21) Procurement expenditures for the purchase,
13		renewal, and expansion of software, software licenses, or
14		software maintenance agreements that support the efforts
15		of the Illinois State Police to enforce, regulate, and
16		administer the Firearm Owners Identification Card Act, the
17		Firearm Concealed Carry Act, the Firearms Restraining
18		Order Act, the Firearm Dealer License Certification Act,
19		the Law Enforcement Agencies Data System (LEADS), the
20		Uniform Crime Reporting Act, the Criminal Identification
21		Act, the Illinois Uniform Conviction Information Act, and
22		the Gun Trafficking Information Act, or establish or
23		maintain record management systems necessary to conduct
24		human trafficking investigations or gun trafficking or
25		other stolen firearm investigations. This paragraph (21)
26		applies to contracts entered into on or after January 10,

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1		2023 (the effective date of Public Act 102-1116) and the
2		renewal of contracts that are in effect on January 10,
3		2023 (the effective date of Public Act 102-1116).
4		(22) Contracts for project management services and
5		system integration services required for the completion of
6		the State's enterprise resource planning project. This
7		exemption becomes inoperative 5 years after June 7, 2023
8		(the effective date of the changes made to this Section by
9		Public Act 103-8). This paragraph (22) applies to
10		contracts entered into on or after June 7, 2023 (the
11		effective date of the changes made to this Section by
12		Public Act 103-8) and the renewal of contracts that are in
13		effect on June 7, 2023 (the effective date of the changes
14		made to this Section by Public Act 103-8).
15		(23) Procurements necessary for the Department of
16		Insurance to implement the Illinois Health Benefits
17		Exchange Law if the Department of Insurance has made a
18		good faith determination that it is necessary and
19		appropriate for the expenditure to fall within this
20		exemption. The procurement process shall be conducted in a
21		manner substantially in accordance with the requirements
22		of Sections 20-160 and 25-60 and Article 50 of this Code. A
23		copy of these contracts shall be made available to the
24		Chief Procurement Officer immediately upon request. This
25		paragraph is inoperative 5 years after June 27, 2023 (the
26		effective date of Public Act 103-103).

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1		(24) Contracts for public education programming,
2		noncommercial sustaining announcements, public service
3		announcements, and public awareness and education
4		messaging with the nonprofit trade associations of the
5		providers of those services that inform the public on
6		immediate and ongoing health and safety risks and hazards.
7		(25) Procurements necessary for the Department of
8		Early Childhood to implement the Department of Early
9		Childhood Act if the Department has made a good faith
10		determination that it is necessary and appropriate for the
11		expenditure to fall within this exemption. This exemption
12		shall only be used for products and services procured
13		solely for use by the Department of Early Childhood. The
14		procurements may include those necessary to design and
15		build integrated, operational systems of programs and
16		services. The procurements may include, but are not
17		limited to, those necessary to align and update program
18		standards, integrate funding systems, design and establish
19		data and reporting systems, align and update models for
20		technical assistance and professional development, design
21		systems to manage grants and ensure compliance, design and
22		implement management and operational structures, and
23		establish new means of engaging with families, educators,
24		providers, and stakeholders. The procurement processes
25		shall be conducted in a manner substantially in accordance
26		with the requirements of Article 50 (ethics) and Sections

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1		5-5 (Procurement Policy Board), 5-7 (Commission on Equity
2		and Inclusion), 20-80 (contract files), 20-120
3		(subcontractors), 20-155 (paperwork), 20-160
4		(ethics/campaign contribution prohibitions), 25-60
5		(prevailing wage), and 25-90 (prohibited and authorized
6		cybersecurity) of this Code. Beginning January 1, 2025,
7		the Department of Early Childhood shall provide a
8		quarterly report to the General Assembly detailing a list
9		of expenditures and contracts for which the Department
10		uses this exemption. This paragraph is inoperative on and
11		after July 1, 2027.
12		(26) Procurements that are necessary for increasing
13		the recruitment and retention of State employees,
14		particularly minority candidates for employment,
15		including:
16		(A) procurements related to registration fees for
17		job fairs and other outreach and recruitment events;
18		(B) production of recruitment materials; and
19		(C) other services related to recruitment and
20		retention of State employees.
21		The exemption under this paragraph (26) applies only
22		if the State agency has made a good faith determination
23		that it is necessary and appropriate for the expenditure
24		to fall within this paragraph (26). The procurement
25		process under this paragraph (26) shall be conducted in a
26		manner substantially in accordance with the requirements

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1		of Sections 20-160 and 25-60 and Article 50 of this Code. A
2		copy of these contracts shall be made available to the
3		Chief Procurement Officer immediately upon request.
4		Nothing in this paragraph (26) authorizes the replacement
5		or diminishment of State responsibilities in hiring or the
6		positions that effectuate that hiring. This paragraph (26)
7		is inoperative on and after June 30, 2029.
8		(27) Procurements necessary for the Department of
9		Healthcare and Family Services to implement changes to the
10		State's Integrated Eligibility System to ensure the
11		system's compliance with federal implementation mandates
12		and deadlines, if the Department of Healthcare and Family
13		Services has made a good faith determination that it is
14		necessary and appropriate for the procurement to fall
15		within this exemption.
16		Notwithstanding any other provision of law, for contracts
17		with an annual value of more than $100,000 entered into on or
18		after October 1, 2017 under an exemption provided in any
19		paragraph of this subsection (b), except paragraph (1), (2),
20		or (5), each State agency shall post to the appropriate
21		procurement bulletin the name of the contractor, a description
22		of the supply or service provided, the total amount of the
23		contract, the term of the contract, and the exception to the
24		Code utilized. The chief procurement officer shall submit a
25		report to the Governor and General Assembly no later than
26		November 1 of each year that shall include, at a minimum, an

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1		annual summary of the monthly information reported to the
2		chief procurement officer.
3		(c) This Code does not apply to the electric power
4		procurement process provided for under Section 1-75 of the
5		Illinois Power Agency Act and Section 16-111.5 of the Public
6		Utilities Act. This Code does not apply to the procurement of
7		technical and policy experts pursuant to Section 1-129 of the
8		Illinois Power Agency Act.
9		(d) Except for Section 20-160 and Article 50 of this Code,
10		and as expressly required by Section 9.1 of the Illinois
11		Lottery Law, the provisions of this Code do not apply to the
12		procurement process provided for under Section 9.1 of the
13		Illinois Lottery Law.
14		(e) This Code does not apply to the process used by the
15		Capital Development Board to retain a person or entity to
16		assist the Capital Development Board with its duties related
17		to the determination of costs of a clean coal SNG brownfield
18		facility, as defined by Section 1-10 of the Illinois Power
19		Agency Act, as required in subsection (h-3) of Section 9-220
20		of the Public Utilities Act, including calculating the range
21		of capital costs, the range of operating and maintenance
22		costs, or the sequestration costs or monitoring the
23		construction of clean coal SNG brownfield facility for the
24		full duration of construction.
25		(f) (Blank).
26		(g) (Blank).

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1		(h) This Code does not apply to the process to procure or
2		contracts entered into in accordance with Sections 11-5.2 and
3		11-5.3 of the Illinois Public Aid Code.
4		(i) Each chief procurement officer may access records
5		necessary to review whether a contract, purchase, or other
6		expenditure is or is not subject to the provisions of this
7		Code, unless such records would be subject to attorney-client
8		privilege.
9		(j) This Code does not apply to the process used by the
10		Capital Development Board to retain an artist or work or works
11		of art as required in Section 14 of the Capital Development
12		Board Act.
13		(k) This Code does not apply to the process to procure
14		contracts, or contracts entered into, by the State Board of
15		Elections or the State Electoral Board for hearing officers
16		appointed pursuant to the Election Code.
17		(l) This Code does not apply to the processes used by the
18		Illinois Student Assistance Commission to procure supplies and
19		services paid for from the private funds of the Illinois
20		Prepaid Tuition Fund. As used in this subsection (l), "private
21		funds" means funds derived from deposits paid into the
22		Illinois Prepaid Tuition Trust Fund and the earnings thereon.
23		(m) This Code shall apply regardless of the source of
24		funds with which contracts are paid, including federal
25		assistance moneys. Except as specifically provided in this
26		Code, this Code shall not apply to procurement expenditures

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1		necessary for the Department of Public Health to conduct the
2		Healthy Illinois Survey in accordance with Section 2310-431 of
3		the Department of Public Health Powers and Duties Law of the
4		Civil Administrative Code of Illinois.
5		(Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;
6		103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.
7		6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,
8		eff. 6-16-25; 104-417, eff. 8-15-25)
9		(Text of Section after amendment by P.A. 104-458)
10		Sec. 1-10. Application.
11		(a) This Code applies only to procurements for which
12		bidders, offerors, potential contractors, or contractors were
13		first solicited on or after July 1, 1998. This Code shall not
14		be construed to affect or impair any contract, or any
15		provision of a contract, entered into based on a solicitation
16		prior to the implementation date of this Code as described in
17		Article 99, including, but not limited to, any covenant
18		entered into with respect to any revenue bonds or similar
19		instruments. All procurements for which contracts are
20		solicited between the effective date of Articles 50 and 99 and
21		July 1, 1998 shall be substantially in accordance with this
22		Code and its intent.
23		(b) This Code shall apply regardless of the source of the
24		funds with which the contracts are paid, including federal
25		assistance moneys. This Code shall not apply to:

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1		(1) Contracts between the State and its political
2		subdivisions or other governments, or between State
3		governmental bodies, except as specifically provided in
4		this Code.
5		(2) Grants, except for the filing requirements of
6		Section 20-80.
7		(3) Purchase of care, except as provided in Section
8		5-30.6 of the Illinois Public Aid Code and this Section.
9		(4) Hiring of an individual as an employee and not as
10		an independent contractor, whether pursuant to an
11		employment code or policy or by contract directly with
12		that individual.
13		(5) Collective bargaining contracts.
14		(6) Purchase of real estate, except that notice of
15		this type of contract with a value of more than $25,000
16		must be published in the Procurement Bulletin within 10
17		calendar days after the deed is recorded in the county of
18		jurisdiction. The notice shall identify the real estate
19		purchased, the names of all parties to the contract, the
20		value of the contract, and the effective date of the
21		contract.
22		(7) Contracts necessary to prepare for anticipated
23		litigation, enforcement actions, or investigations,
24		provided that the chief legal counsel to the Governor
25		shall give his or her prior approval when the procuring
26		agency is one subject to the jurisdiction of the Governor,

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1		and provided that the chief legal counsel of any other
2		procuring entity subject to this Code shall give his or
3		her prior approval when the procuring entity is not one
4		subject to the jurisdiction of the Governor.
5		(8) (Blank).
6		(9) Procurement expenditures by the Illinois
7		Conservation Foundation when only private funds are used.
8		(10) (Blank).
9		(11) Public-private agreements entered into according
10		to the procurement requirements of Section 20 of the
11		Public-Private Partnerships for Transportation Act and
12		design-build agreements entered into according to the
13		procurement requirements of Section 25 of the
14		Public-Private Partnerships for Transportation Act.
15		(12) (A) Contracts for legal, financial, and other
16		professional and artistic services entered into by the
17		Illinois Finance Authority in which the State of Illinois
18		is not obligated. Such contracts shall be awarded through
19		a competitive process authorized by the members of the
20		Illinois Finance Authority and are subject to Sections
21		5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
22		as well as the final approval by the members of the
23		Illinois Finance Authority of the terms of the contract.
24		(B) Contracts for legal and financial services entered
25		into by the Illinois Housing Development Authority in
26		connection with the issuance of bonds in which the State

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1		of Illinois is not obligated. Such contracts shall be
2		awarded through a competitive process authorized by the
3		members of the Illinois Housing Development Authority and
4		are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
5		and 50-37 of this Code, as well as the final approval by
6		the members of the Illinois Housing Development Authority
7		of the terms of the contract.
8		(13) Contracts for services, commodities, and
9		equipment to support the delivery of timely forensic
10		science services in consultation with and subject to the
11		approval of the Chief Procurement Officer as provided in
12		subsection (d) of Section 5-4-3a of the Unified Code of
13		Corrections, except for the requirements of Sections
14		20-60, 20-65, 20-70, and 20-160 and Article 50 of this
15		Code; however, the Chief Procurement Officer may, in
16		writing with justification, waive any certification
17		required under Article 50 of this Code. For any contracts
18		for services which are currently provided by members of a
19		collective bargaining agreement, the applicable terms of
20		the collective bargaining agreement concerning
21		subcontracting shall be followed.
22		On and after January 1, 2019, this paragraph (13),
23		except for this sentence, is inoperative.
24		(14) Contracts for participation expenditures required
25		by a domestic or international trade show or exhibition of
26		an exhibitor, member, or sponsor.

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1		(15) Contracts with a railroad or utility that
2		requires the State to reimburse the railroad or utilities
3		for the relocation of utilities for construction or other
4		public purpose. Contracts included within this paragraph
5		(15) shall include, but not be limited to, those
6		associated with: relocations, crossings, installations,
7		and maintenance. For the purposes of this paragraph (15),
8		"railroad" means any form of non-highway ground
9		transportation that runs on rails or electromagnetic
10		guideways and "utility" means: (1) public utilities as
11		defined in Section 3-105 of the Public Utilities Act, (2)
12		telecommunications carriers as defined in Section 13-202
13		of the Public Utilities Act, (3) electric cooperatives as
14		defined in Section 3.4 of the Electric Supplier Act, (4)
15		telephone or telecommunications cooperatives as defined in
16		Section 13-212 of the Public Utilities Act, (5) rural
17		water or wastewater waste water systems with 10,000
18		connections or less, (6) a holder as defined in Section
19		21-201 of the Public Utilities Act, and (7) municipalities
20		owning or operating utility systems consisting of public
21		utilities as that term is defined in Section 11-117-2 of
22		the Illinois Municipal Code.
23		(16) Procurement expenditures necessary for the
24		Department of Public Health to provide the delivery of
25		timely newborn screening services in accordance with the
26		Newborn Metabolic Screening Act.

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1		(17) Procurement expenditures necessary for the
2		Department of Agriculture, the Department of Financial and
3		Professional Regulation, the Department of Human Services,
4		and the Department of Public Health to implement the
5		Compassionate Use of Medical Cannabis Program and Opioid
6		Alternative Pilot Program requirements and ensure access
7		to medical cannabis for patients with debilitating medical
8		conditions in accordance with the Compassionate Use of
9		Medical Cannabis Program Act.
10		(18) This Code does not apply to any procurements
11		necessary for the Department of Agriculture or , the
12		Department of Financial and Professional Regulation, the
13		Department of Human Services, the Department of Commerce
14		and Economic Opportunity, and the Department of Public
15		Health to implement the Cannabis Regulation and Tax Act
16		and for the Department of Agriculture to implement the
17		Illinois Hemp Act if the applicable agency has made a good
18		faith determination that it is necessary and appropriate
19		for the expenditure to fall within this exemption and if
20		the process is conducted in a manner substantially in
21		accordance with the requirements of Sections 20-160,
22		25-60, 30-22, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15,
23		50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50 of
24		this Code; however, for Section 50-35, compliance applies
25		only to contracts or subcontracts over $100,000. Notice of
26		each contract entered into under this paragraph (18) that

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1		is related to the procurement of goods and services
2		identified in paragraph (1) through (9) of this subsection
3		shall be published in the Procurement Bulletin within 14
4		calendar days after contract execution. The Chief
5		Procurement Officer shall prescribe the form and content
6		of the notice. Each agency shall provide the Chief
7		Procurement Officer, on a monthly basis, in the form and
8		content prescribed by the Chief Procurement Officer, a
9		report of contracts that are related to the procurement of
10		goods and services identified in this subsection. At a
11		minimum, this report shall include the name of the
12		contractor, a description of the supply or service
13		provided, the total amount of the contract, the term of
14		the contract, and the exception to this Code utilized. A
15		copy of any or all of these contracts shall be made
16		available to the Chief Procurement Officer immediately
17		upon request. The Chief Procurement Officer shall submit a
18		report to the Governor and General Assembly no later than
19		November 1 of each year that includes, at a minimum, an
20		annual summary of the monthly information reported to the
21		Chief Procurement Officer. This exemption becomes
22		inoperative 10 5 years after June 25, 2019 (the effective
23		date of Public Act 101-27).
24		(19) Acquisition of modifications or adjustments,
25		limited to assistive technology devices and assistive
26		technology services, adaptive equipment, repairs, and

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1		replacement parts to provide reasonable accommodations (i)
2		that enable a qualified applicant with a disability to
3		complete the job application process and be considered for
4		the position such qualified applicant desires, (ii) that
5		modify or adjust the work environment to enable a
6		qualified current employee with a disability to perform
7		the essential functions of the position held by that
8		employee, (iii) to enable a qualified current employee
9		with a disability to enjoy equal benefits and privileges
10		of employment as are enjoyed by other similarly situated
11		employees without disabilities, and (iv) that allow a
12		customer, client, claimant, or member of the public
13		seeking State services full use and enjoyment of and
14		access to its programs, services, or benefits.
15		For purposes of this paragraph (19):
16		"Assistive technology devices" means any item, piece
17		of equipment, or product system, whether acquired
18		commercially off the shelf, modified, or customized, that
19		is used to increase, maintain, or improve functional
20		capabilities of individuals with disabilities.
21		"Assistive technology services" means any service that
22		directly assists an individual with a disability in
23		selection, acquisition, or use of an assistive technology
24		device.
25		"Qualified" has the same meaning and use as provided
26		under the federal Americans with Disabilities Act when

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1		describing an individual with a disability.
2		(20) Procurement expenditures necessary for the
3		Illinois Commerce Commission to hire third-party
4		facilitators pursuant to Sections 16-105.17 and 16-108.18
5		of the Public Utilities Act or an ombudsman pursuant to
6		Section 16-107.5 of the Public Utilities Act, a
7		facilitator pursuant to Section 16-105.17 of the Public
8		Utilities Act, a grid auditor pursuant to Section
9		16-105.10 of the Public Utilities Act, a facilitator,
10		expert, or consultant pursuant to Sections 16-126.2 and
11		16-202 of the Public Utilities Act, a procurement monitor
12		pursuant to Section 16-111.5 of the Public Utilities Act,
13		an ombudsperson pursuant to Section 20-145 of the Public
14		Utilities Act, or consultants and experts pursuant to
15		Section 5-15 of the Utility Data Access Act.
16		(21) Procurement expenditures for the purchase,
17		renewal, and expansion of software, software licenses, or
18		software maintenance agreements that support the efforts
19		of the Illinois State Police to enforce, regulate, and
20		administer the Firearm Owners Identification Card Act, the
21		Firearm Concealed Carry Act, the Firearms Restraining
22		Order Act, the Firearm Dealer License Certification Act,
23		the Law Enforcement Agencies Data System (LEADS), the
24		Uniform Crime Reporting Act, the Criminal Identification
25		Act, the Illinois Uniform Conviction Information Act, and
26		the Gun Trafficking Information Act, or establish or

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1		maintain record management systems necessary to conduct
2		human trafficking investigations or gun trafficking or
3		other stolen firearm investigations. This paragraph (21)
4		applies to contracts entered into on or after January 10,
5		2023 (the effective date of Public Act 102-1116) and the
6		renewal of contracts that are in effect on January 10,
7		2023 (the effective date of Public Act 102-1116).
8		(22) Contracts for project management services and
9		system integration services required for the completion of
10		the State's enterprise resource planning project. This
11		exemption becomes inoperative 5 years after June 7, 2023
12		(the effective date of the changes made to this Section by
13		Public Act 103-8). This paragraph (22) applies to
14		contracts entered into on or after June 7, 2023 (the
15		effective date of the changes made to this Section by
16		Public Act 103-8) and the renewal of contracts that are in
17		effect on June 7, 2023 (the effective date of the changes
18		made to this Section by Public Act 103-8).
19		(23) Procurements necessary for the Department of
20		Insurance to implement the Illinois Health Benefits
21		Exchange Law if the Department of Insurance has made a
22		good faith determination that it is necessary and
23		appropriate for the expenditure to fall within this
24		exemption. The procurement process shall be conducted in a
25		manner substantially in accordance with the requirements
26		of Sections 20-160 and 25-60 and Article 50 of this Code. A

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1		copy of these contracts shall be made available to the
2		Chief Procurement Officer immediately upon request. This
3		paragraph is inoperative 5 years after June 27, 2023 (the
4		effective date of Public Act 103-103).
5		(24) Contracts for public education programming,
6		noncommercial sustaining announcements, public service
7		announcements, and public awareness and education
8		messaging with the nonprofit trade associations of the
9		providers of those services that inform the public on
10		immediate and ongoing health and safety risks and hazards.
11		(25) Procurements necessary for the Department of
12		Early Childhood to implement the Department of Early
13		Childhood Act if the Department has made a good faith
14		determination that it is necessary and appropriate for the
15		expenditure to fall within this exemption. This exemption
16		shall only be used for products and services procured
17		solely for use by the Department of Early Childhood. The
18		procurements may include those necessary to design and
19		build integrated, operational systems of programs and
20		services. The procurements may include, but are not
21		limited to, those necessary to align and update program
22		standards, integrate funding systems, design and establish
23		data and reporting systems, align and update models for
24		technical assistance and professional development, design
25		systems to manage grants and ensure compliance, design and
26		implement management and operational structures, and

SB3222 Enrolled - 173 - LRB104 19119 AAS 32564 b
1		establish new means of engaging with families, educators,
2		providers, and stakeholders. The procurement processes
3		shall be conducted in a manner substantially in accordance
4		with the requirements of Article 50 (ethics) and Sections
5		5-5 (Procurement Policy Board), 5-7 (Commission on Equity
6		and Inclusion), 20-80 (contract files), 20-120
7		(subcontractors), 20-155 (paperwork), 20-160
8		(ethics/campaign contribution prohibitions), 25-60
9		(prevailing wage), and 25-90 (prohibited and authorized
10		cybersecurity) of this Code. Beginning January 1, 2025,
11		the Department of Early Childhood shall provide a
12		quarterly report to the General Assembly detailing a list
13		of expenditures and contracts for which the Department
14		uses this exemption. This paragraph is inoperative on and
15		after July 1, 2027.
16		(26) Procurements that are necessary for increasing
17		the recruitment and retention of State employees,
18		particularly minority candidates for employment,
19		including:
20		(A) procurements related to registration fees for
21		job fairs and other outreach and recruitment events;
22		(B) production of recruitment materials; and
23		(C) other services related to recruitment and
24		retention of State employees.
25		The exemption under this paragraph (26) applies only
26		if the State agency has made a good faith determination

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1		that it is necessary and appropriate for the expenditure
2		to fall within this paragraph (26). The procurement
3		process under this paragraph (26) shall be conducted in a
4		manner substantially in accordance with the requirements
5		of Sections 20-160 and 25-60 and Article 50 of this Code. A
6		copy of these contracts shall be made available to the
7		Chief Procurement Officer immediately upon request.
8		Nothing in this paragraph (26) authorizes the replacement
9		or diminishment of State responsibilities in hiring or the
10		positions that effectuate that hiring. This paragraph (26)
11		is inoperative on and after June 30, 2029.
12		(27) Procurements necessary for the Department of
13		Healthcare and Family Services to implement changes to the
14		State's Integrated Eligibility System to ensure the
15		system's compliance with federal implementation mandates
16		and deadlines, if the Department of Healthcare and Family
17		Services has made a good faith determination that it is
18		necessary and appropriate for the procurement to fall
19		within this exemption.
20		Notwithstanding any other provision of law, for contracts
21		with an annual value of more than $100,000 entered into on or
22		after October 1, 2017 under an exemption provided in any
23		paragraph of this subsection (b), except paragraph (1), (2),
24		or (5), each State agency shall post to the appropriate
25		procurement bulletin the name of the contractor, a description
26		of the supply or service provided, the total amount of the

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1		contract, the term of the contract, and the exception to the
2		Code utilized. The chief procurement officer shall submit a
3		report to the Governor and General Assembly no later than
4		November 1 of each year that shall include, at a minimum, an
5		annual summary of the monthly information reported to the
6		chief procurement officer.
7		(c) This Code does not apply to the electric power
8		procurement process provided for under Section 1-75 of the
9		Illinois Power Agency Act and Section 16-111.5 of the Public
10		Utilities Act. This Code does not apply to the procurement of
11		technical and policy experts pursuant to Section 1-129 of the
12		Illinois Power Agency Act.
13		(d) Except for Section 20-160 and Article 50 of this Code,
14		and as expressly required by Section 9.1 of the Illinois
15		Lottery Law, the provisions of this Code do not apply to the
16		procurement process provided for under Section 9.1 of the
17		Illinois Lottery Law.
18		(e) This Code does not apply to the process used by the
19		Capital Development Board to retain a person or entity to
20		assist the Capital Development Board with its duties related
21		to the determination of costs of a clean coal SNG brownfield
22		facility, as defined by Section 1-10 of the Illinois Power
23		Agency Act, as required in subsection (h-3) of Section 9-220
24		of the Public Utilities Act, including calculating the range
25		of capital costs, the range of operating and maintenance
26		costs, or the sequestration costs or monitoring the

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1		construction of clean coal SNG brownfield facility for the
2		full duration of construction.
3		(f) (Blank).
4		(g) (Blank).
5		(h) This Code does not apply to the process to procure or
6		contracts entered into in accordance with Sections 11-5.2 and
7		11-5.3 of the Illinois Public Aid Code.
8		(i) Each chief procurement officer may access records
9		necessary to review whether a contract, purchase, or other
10		expenditure is or is not subject to the provisions of this
11		Code, unless such records would be subject to attorney-client
12		privilege.
13		(j) This Code does not apply to the process used by the
14		Capital Development Board to retain an artist or work or works
15		of art as required in Section 14 of the Capital Development
16		Board Act.
17		(k) This Code does not apply to the process to procure
18		contracts, or contracts entered into, by the State Board of
19		Elections or the State Electoral Board for hearing officers
20		appointed pursuant to the Election Code.
21		(l) This Code does not apply to the processes used by the
22		Illinois Student Assistance Commission to procure supplies and
23		services paid for from the private funds of the Illinois
24		Prepaid Tuition Fund. As used in this subsection (l), "private
25		funds" means funds derived from deposits paid into the
26		Illinois Prepaid Tuition Trust Fund and the earnings thereon.

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1		(m) This Code shall apply regardless of the source of
2		funds with which contracts are paid, including federal
3		assistance moneys. Except as specifically provided in this
4		Code, this Code shall not apply to procurement expenditures
5		necessary for the Department of Public Health to conduct the
6		Healthy Illinois Survey in accordance with Section 2310-431 of
7		the Department of Public Health Powers and Duties Law of the
8		Civil Administrative Code of Illinois.
9		(Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;
10		103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.
11		6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,
12		eff. 6-16-25; 104-417, eff. 8-15-25; 104-458, eff. 6-1-26;
13		revised 1-12-26.)
14		Section 120. The Use Tax Act is amended by changing
15		Sections 3-5 and 3-10 as follows:
16		(35 ILCS 105/3-5)
17		Sec. 3-5. Exemptions. Use, which, on and after January 1,
18		2025, includes use by a lessee, of the following tangible
19		personal property is exempt from the tax imposed by this Act:
20		(1) Personal property purchased from a corporation,
21		society, association, foundation, institution, or
22		organization, other than a limited liability company, that is
23		organized and operated as a not-for-profit service enterprise
24		for the benefit of persons 65 years of age or older if the

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1		personal property was not purchased by the enterprise for the
2		purpose of resale by the enterprise.
3		(2) Personal property purchased by a not-for-profit
4		Illinois county fair association for use in conducting,
5		operating, or promoting the county fair.
6		(3) Personal property purchased by a not-for-profit arts
7		or cultural organization that establishes, by proof required
8		by the Department by rule, that it has received an exemption
9		under Section 501(c)(3) of the Internal Revenue Code and that
10		is organized and operated primarily for the presentation or
11		support of arts or cultural programming, activities, or
12		services. These organizations include, but are not limited to,
13		music and dramatic arts organizations such as symphony
14		orchestras and theatrical groups, arts and cultural service
15		organizations, local arts councils, visual arts organizations,
16		and media arts organizations. On and after July 1, 2001 (the
17		effective date of Public Act 92-35), however, an entity
18		otherwise eligible for this exemption shall not make tax-free
19		purchases unless it has an active identification number issued
20		by the Department.
21		(4) Except as otherwise provided in this Act, personal
22		property purchased by a governmental body, by a corporation,
23		society, association, foundation, or institution organized and
24		operated exclusively for charitable, religious, or educational
25		purposes, or by a not-for-profit corporation, society,
26		association, foundation, institution, or organization that has

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1		no compensated officers or employees and that is organized and
2		operated primarily for the recreation of persons 55 years of
3		age or older. A limited liability company may qualify for the
4		exemption under this paragraph only if the limited liability
5		company is organized and operated exclusively for educational
6		purposes. On and after July 1, 1987, however, no entity
7		otherwise eligible for this exemption shall make tax-free
8		purchases unless it has an active exemption identification
9		number issued by the Department.
10		(5) Until July 1, 2003, a passenger car that is a
11		replacement vehicle to the extent that the purchase price of
12		the car is subject to the Replacement Vehicle Tax.
13		(6) Until July 1, 2003 and beginning again on September 1,
14		2004 through August 30, 2014, graphic arts machinery and
15		equipment, including repair and replacement parts, both new
16		and used, and including that manufactured on special order,
17		certified by the purchaser to be used primarily for graphic
18		arts production, and including machinery and equipment
19		purchased for lease. Equipment includes chemicals or chemicals
20		acting as catalysts but only if the chemicals or chemicals
21		acting as catalysts effect a direct and immediate change upon
22		a graphic arts product. Beginning on July 1, 2017, graphic
23		arts machinery and equipment is included in the manufacturing
24		and assembling machinery and equipment exemption under
25		paragraph (18).
26		(7) Farm chemicals.

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1		(8) Legal tender, currency, medallions, or gold or silver
2		coinage issued by the State of Illinois, the government of the
3		United States of America, or the government of any foreign
4		country, and bullion.
5		(9) Personal property purchased from a teacher-sponsored
6		student organization affiliated with an elementary or
7		secondary school located in Illinois.
8		(10) A motor vehicle that is used for automobile renting,
9		as defined in the Automobile Renting Occupation and Use Tax
10		Act.
11		(11) Farm machinery and equipment, both new and used,
12		including that manufactured on special order, certified by the
13		purchaser to be used primarily for production agriculture or
14		State or federal agricultural programs, including individual
15		replacement parts for the machinery and equipment, including
16		machinery and equipment purchased for lease, and including
17		implements of husbandry defined in Section 1-130 of the
18		Illinois Vehicle Code, farm machinery and agricultural
19		chemical and fertilizer spreaders, and nurse wagons required
20		to be registered under Section 3-809 of the Illinois Vehicle
21		Code, but excluding other motor vehicles required to be
22		registered under the Illinois Vehicle Code. Horticultural
23		polyhouses or hoop houses used for propagating, growing, or
24		overwintering plants shall be considered farm machinery and
25		equipment under this item (11). Agricultural chemical tender
26		tanks and dry boxes shall include units sold separately from a

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1		motor vehicle required to be licensed and units sold mounted
2		on a motor vehicle required to be licensed if the selling price
3		of the tender is separately stated.
4		Farm machinery and equipment shall include precision
5		farming equipment that is installed or purchased to be
6		installed on farm machinery and equipment, including, but not
7		limited to, tractors, harvesters, sprayers, planters, seeders,
8		or spreaders. Precision farming equipment includes, but is not
9		limited to, soil testing sensors, computers, monitors,
10		software, global positioning and mapping systems, and other
11		such equipment.
12		Farm machinery and equipment also includes computers,
13		sensors, software, and related equipment used primarily in the
14		computer-assisted operation of production agriculture
15		facilities, equipment, and activities such as, but not limited
16		to, the collection, monitoring, and correlation of animal and
17		crop data for the purpose of formulating animal diets and
18		agricultural chemicals.
19		Beginning on January 1, 2024, farm machinery and equipment
20		also includes electrical power generation equipment used
21		primarily for production agriculture.
22		This item (11) is exempt from the provisions of Section
23		3-90.
24		(12) Until June 30, 2013, fuel and petroleum products sold
25		to or used by an air common carrier, certified by the carrier
26		to be used for consumption, shipment, or storage in the

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1		conduct of its business as an air common carrier, for a flight
2		destined for or returning from a location or locations outside
3		the United States without regard to previous or subsequent
4		domestic stopovers.
5		Beginning July 1, 2013, fuel and petroleum products sold
6		to or used by an air carrier, certified by the carrier to be
7		used for consumption, shipment, or storage in the conduct of
8		its business as an air common carrier, for a flight that (i) is
9		engaged in foreign trade or is engaged in trade between the
10		United States and any of its possessions and (ii) transports
11		at least one individual or package for hire from the city of
12		origination to the city of final destination on the same
13		aircraft, without regard to a change in the flight number of
14		that aircraft.
15		(13) Proceeds of mandatory service charges separately
16		stated on customers' bills for the purchase and consumption of
17		food and beverages purchased at retail from a retailer, to the
18		extent that the proceeds of the service charge are in fact
19		turned over as tips or as a substitute for tips to the
20		employees who participate directly in preparing, serving,
21		hosting or cleaning up the food or beverage function with
22		respect to which the service charge is imposed.
23		(14) Until July 1, 2003, oil field exploration, drilling,
24		and production equipment, including (i) rigs and parts of
25		rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)
26		pipe and tubular goods, including casing and drill strings,

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1		(iii) pumps and pump-jack units, (iv) storage tanks and flow
2		lines, (v) any individual replacement part for oil field
3		exploration, drilling, and production equipment, and (vi)
4		machinery and equipment purchased for lease; but excluding
5		motor vehicles required to be registered under the Illinois
6		Vehicle Code.
7		(15) Photoprocessing machinery and equipment, including
8		repair and replacement parts, both new and used, including
9		that manufactured on special order, certified by the purchaser
10		to be used primarily for photoprocessing, and including
11		photoprocessing machinery and equipment purchased for lease.
12		(16) Until July 1, 2028, coal and aggregate exploration,
13		mining, off-highway hauling, processing, maintenance, and
14		reclamation equipment, including replacement parts and
15		equipment, and including equipment purchased for lease, but
16		excluding motor vehicles required to be registered under the
17		Illinois Vehicle Code. The changes made to this Section by
18		Public Act 97-767 apply on and after July 1, 2003, but no claim
19		for credit or refund is allowed on or after August 16, 2013
20		(the effective date of Public Act 98-456) for such taxes paid
21		during the period beginning July 1, 2003 and ending on August
22		16, 2013 (the effective date of Public Act 98-456).
23		(17) Until July 1, 2003, distillation machinery and
24		equipment, sold as a unit or kit, assembled or installed by the
25		retailer, certified by the user to be used only for the
26		production of ethyl alcohol that will be used for consumption

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1		as motor fuel or as a component of motor fuel for the personal
2		use of the user, and not subject to sale or resale.
3		(18) Manufacturing and assembling machinery and equipment
4		used primarily in the process of manufacturing or assembling
5		tangible personal property for wholesale or retail sale or
6		lease, whether that sale or lease is made directly by the
7		manufacturer or by some other person, whether the materials
8		used in the process are owned by the manufacturer or some other
9		person, or whether that sale or lease is made apart from or as
10		an incident to the seller's engaging in the service occupation
11		of producing machines, tools, dies, jigs, patterns, gauges, or
12		other similar items of no commercial value on special order
13		for a particular purchaser. The exemption provided by this
14		paragraph (18) includes production related tangible personal
15		property, as defined in Section 3-50, purchased on or after
16		July 1, 2019. The exemption provided by this paragraph (18)
17		does not include machinery and equipment used in (i) the
18		generation of electricity for wholesale or retail sale; (ii)
19		the generation or treatment of natural or artificial gas for
20		wholesale or retail sale that is delivered to customers
21		through pipes, pipelines, or mains; or (iii) the treatment of
22		water for wholesale or retail sale that is delivered to
23		customers through pipes, pipelines, or mains. The provisions
24		of Public Act 98-583 are declaratory of existing law as to the
25		meaning and scope of this exemption. Beginning on July 1,
26		2017, the exemption provided by this paragraph (18) includes,

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1		but is not limited to, graphic arts machinery and equipment,
2		as defined in paragraph (6) of this Section.
3		(19) Personal property delivered to a purchaser or
4		purchaser's donee inside Illinois when the purchase order for
5		that personal property was received by a florist located
6		outside Illinois who has a florist located inside Illinois
7		deliver the personal property.
8		(20) Semen used for artificial insemination of livestock
9		for direct agricultural production.
10		(21) Horses, or interests in horses, registered with and
11		meeting the requirements of any of the Arabian Horse Club
12		Registry of America, Appaloosa Horse Club, American Quarter
13		Horse Association, United States Trotting Association, or
14		Jockey Club, as appropriate, used for purposes of breeding or
15		racing for prizes. This item (21) is exempt from the
16		provisions of Section 3-90, and the exemption provided for
17		under this item (21) applies for all periods beginning May 30,
18		1995, but no claim for credit or refund is allowed on or after
19		January 1, 2008 for such taxes paid during the period
20		beginning May 30, 2000 and ending on January 1, 2008.
21		(22) Computers and communications equipment utilized for
22		any hospital purpose and equipment used in the diagnosis,
23		analysis, or treatment of hospital patients purchased by a
24		lessor who leases the equipment, under a lease of one year or
25		longer executed or in effect at the time the lessor would
26		otherwise be subject to the tax imposed by this Act, to a

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1		hospital that has been issued an active tax exemption
2		identification number by the Department under Section 1g of
3		the Retailers' Occupation Tax Act. If the equipment is leased
4		in a manner that does not qualify for this exemption or is used
5		in any other non-exempt manner, the lessor shall be liable for
6		the tax imposed under this Act or the Service Use Tax Act, as
7		the case may be, based on the fair market value of the property
8		at the time the non-qualifying use occurs. No lessor shall
9		collect or attempt to collect an amount (however designated)
10		that purports to reimburse that lessor for the tax imposed by
11		this Act or the Service Use Tax Act, as the case may be, if the
12		tax has not been paid by the lessor. If a lessor improperly
13		collects any such amount from the lessee, the lessee shall
14		have a legal right to claim a refund of that amount from the
15		lessor. If, however, that amount is not refunded to the lessee
16		for any reason, the lessor is liable to pay that amount to the
17		Department.
18		(23) Personal property purchased by a lessor who leases
19		the property, under a lease of one year or longer executed or
20		in effect at the time the lessor would otherwise be subject to
21		the tax imposed by this Act, to a governmental body that has
22		been issued an active sales tax exemption identification
23		number by the Department under Section 1g of the Retailers'
24		Occupation Tax Act. If the property is leased in a manner that
25		does not qualify for this exemption or used in any other
26		non-exempt manner, the lessor shall be liable for the tax

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1		imposed under this Act or the Service Use Tax Act, as the case
2		may be, based on the fair market value of the property at the
3		time the non-qualifying use occurs. No lessor shall collect or
4		attempt to collect an amount (however designated) that
5		purports to reimburse that lessor for the tax imposed by this
6		Act or the Service Use Tax Act, as the case may be, if the tax
7		has not been paid by the lessor. If a lessor improperly
8		collects any such amount from the lessee, the lessee shall
9		have a legal right to claim a refund of that amount from the
10		lessor. If, however, that amount is not refunded to the lessee
11		for any reason, the lessor is liable to pay that amount to the
12		Department.
13		(24) Beginning with taxable years ending on or after
14		December 31, 1995 and ending with taxable years ending on or
15		before December 31, 2004, personal property that is donated
16		for disaster relief to be used in a State or federally declared
17		disaster area in Illinois or bordering Illinois by a
18		manufacturer or retailer that is registered in this State to a
19		corporation, society, association, foundation, or institution
20		that has been issued a sales tax exemption identification
21		number by the Department that assists victims of the disaster
22		who reside within the declared disaster area.
23		(25) Beginning with taxable years ending on or after
24		December 31, 1995 and ending with taxable years ending on or
25		before December 31, 2004, personal property that is used in
26		the performance of infrastructure repairs in this State,

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1		including, but not limited to, municipal roads and streets,
2		access roads, bridges, sidewalks, waste disposal systems,
3		water and sewer line extensions, water distribution and
4		purification facilities, storm water drainage and retention
5		facilities, and sewage treatment facilities, resulting from a
6		State or federally declared disaster in Illinois or bordering
7		Illinois when such repairs are initiated on facilities located
8		in the declared disaster area within 6 months after the
9		disaster.
10		(26) Beginning July 1, 1999, game or game birds purchased
11		at a "game breeding and hunting preserve area" as that term is
12		used in the Wildlife Code. This paragraph is exempt from the
13		provisions of Section 3-90.
14		(27) A motor vehicle, as that term is defined in Section
15		1-146 of the Illinois Vehicle Code, that is donated to a
16		corporation, limited liability company, society, association,
17		foundation, or institution that is determined by the
18		Department to be organized and operated exclusively for
19		educational purposes. For purposes of this exemption, "a
20		corporation, limited liability company, society, association,
21		foundation, or institution organized and operated exclusively
22		for educational purposes" means all tax-supported public
23		schools, private schools that offer systematic instruction in
24		useful branches of learning by methods common to public
25		schools and that compare favorably in their scope and
26		intensity with the course of study presented in tax-supported

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1		schools, and vocational or technical schools or institutes
2		organized and operated exclusively to provide a course of
3		study of not less than 6 weeks duration and designed to prepare
4		individuals to follow a trade or to pursue a manual,
5		technical, mechanical, industrial, business, or commercial
6		occupation.
7		(28) Beginning January 1, 2000, personal property,
8		including food, purchased through fundraising events for the
9		benefit of a public or private elementary or secondary school,
10		a group of those schools, or one or more school districts if
11		the events are sponsored by an entity recognized by the school
12		district that consists primarily of volunteers and includes
13		parents and teachers of the school children. This paragraph
14		does not apply to fundraising events (i) for the benefit of
15		private home instruction or (ii) for which the fundraising
16		entity purchases the personal property sold at the events from
17		another individual or entity that sold the property for the
18		purpose of resale by the fundraising entity and that profits
19		from the sale to the fundraising entity. This paragraph is
20		exempt from the provisions of Section 3-90.
21		(29) Beginning January 1, 2000 and through December 31,
22		2001, new or used automatic vending machines that prepare and
23		serve hot food and beverages, including coffee, soup, and
24		other items, and replacement parts for these machines.
25		Beginning January 1, 2002 and through June 30, 2003, machines
26		and parts for machines used in commercial, coin-operated

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1		amusement and vending business if a use or occupation tax is
2		paid on the gross receipts derived from the use of the
3		commercial, coin-operated amusement and vending machines. This
4		paragraph is exempt from the provisions of Section 3-90.
5		(30) Beginning January 1, 2001 and through June 30, 2016,
6		food for human consumption that is to be consumed off the
7		premises where it is sold (other than alcoholic beverages,
8		soft drinks, and food that has been prepared for immediate
9		consumption) and prescription and nonprescription medicines,
10		drugs, medical appliances, and insulin, urine testing
11		materials, syringes, and needles used by diabetics, for human
12		use, when purchased for use by a person receiving medical
13		assistance under Article V of the Illinois Public Aid Code who
14		resides in a licensed long-term care facility, as defined in
15		the Nursing Home Care Act, or in a licensed facility as defined
16		in the ID/DD Community Care Act, the MC/DD Act, or the
17		Specialized Mental Health Rehabilitation Act of 2013.
18		(31) Beginning on August 2, 2001 (the effective date of
19		Public Act 92-227), computers and communications equipment
20		utilized for any hospital purpose and equipment used in the
21		diagnosis, analysis, or treatment of hospital patients
22		purchased by a lessor who leases the equipment, under a lease
23		of one year or longer executed or in effect at the time the
24		lessor would otherwise be subject to the tax imposed by this
25		Act, to a hospital that has been issued an active tax exemption
26		identification number by the Department under Section 1g of

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1		the Retailers' Occupation Tax Act. If the equipment is leased
2		in a manner that does not qualify for this exemption or is used
3		in any other nonexempt manner, the lessor shall be liable for
4		the tax imposed under this Act or the Service Use Tax Act, as
5		the case may be, based on the fair market value of the property
6		at the time the nonqualifying use occurs. No lessor shall
7		collect or attempt to collect an amount (however designated)
8		that purports to reimburse that lessor for the tax imposed by
9		this Act or the Service Use Tax Act, as the case may be, if the
10		tax has not been paid by the lessor. If a lessor improperly
11		collects any such amount from the lessee, the lessee shall
12		have a legal right to claim a refund of that amount from the
13		lessor. If, however, that amount is not refunded to the lessee
14		for any reason, the lessor is liable to pay that amount to the
15		Department. This paragraph is exempt from the provisions of
16		Section 3-90.
17		(32) Beginning on August 2, 2001 (the effective date of
18		Public Act 92-227), personal property purchased by a lessor
19		who leases the property, under a lease of one year or longer
20		executed or in effect at the time the lessor would otherwise be
21		subject to the tax imposed by this Act, to a governmental body
22		that has been issued an active sales tax exemption
23		identification number by the Department under Section 1g of
24		the Retailers' Occupation Tax Act. If the property is leased
25		in a manner that does not qualify for this exemption or used in
26		any other nonexempt manner, the lessor shall be liable for the

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1		tax imposed under this Act or the Service Use Tax Act, as the
2		case may be, based on the fair market value of the property at
3		the time the nonqualifying use occurs. No lessor shall collect
4		or attempt to collect an amount (however designated) that
5		purports to reimburse that lessor for the tax imposed by this
6		Act or the Service Use Tax Act, as the case may be, if the tax
7		has not been paid by the lessor. If a lessor improperly
8		collects any such amount from the lessee, the lessee shall
9		have a legal right to claim a refund of that amount from the
10		lessor. If, however, that amount is not refunded to the lessee
11		for any reason, the lessor is liable to pay that amount to the
12		Department. This paragraph is exempt from the provisions of
13		Section 3-90.
14		(33) On and after July 1, 2003 and through June 30, 2004,
15		the use in this State of motor vehicles of the second division
16		with a gross vehicle weight in excess of 8,000 pounds and that
17		are subject to the commercial distribution fee imposed under
18		Section 3-815.1 of the Illinois Vehicle Code. Beginning on
19		July 1, 2004 and through June 30, 2005, the use in this State
20		of motor vehicles of the second division: (i) with a gross
21		vehicle weight rating in excess of 8,000 pounds; (ii) that are
22		subject to the commercial distribution fee imposed under
23		Section 3-815.1 of the Illinois Vehicle Code; and (iii) that
24		are primarily used for commercial purposes. Through June 30,
25		2005, this exemption applies to repair and replacement parts
26		added after the initial purchase of such a motor vehicle if

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1		that motor vehicle is used in a manner that would qualify for
2		the rolling stock exemption otherwise provided for in this
3		Act. For purposes of this paragraph, the term "used for
4		commercial purposes" means the transportation of persons or
5		property in furtherance of any commercial or industrial
6		enterprise, whether for-hire or not.
7		(34) Beginning January 1, 2008, tangible personal property
8		used in the construction or maintenance of a community water
9		supply, as defined under Section 3.145 of the Environmental
10		Protection Act, that is operated by a not-for-profit
11		corporation that holds a valid water supply permit issued
12		under Title IV of the Environmental Protection Act. This
13		paragraph is exempt from the provisions of Section 3-90.
14		(35) Beginning January 1, 2010 and continuing through
15		December 31, 2029, materials, parts, equipment, components,
16		and furnishings incorporated into or upon an aircraft as part
17		of the modification, refurbishment, completion, replacement,
18		repair, or maintenance of the aircraft. This exemption
19		includes consumable supplies used in the modification,
20		refurbishment, completion, replacement, repair, and
21		maintenance of aircraft. However, until January 1, 2024, this
22		exemption excludes any materials, parts, equipment,
23		components, and consumable supplies used in the modification,
24		replacement, repair, and maintenance of aircraft engines or
25		power plants, whether such engines or power plants are
26		installed or uninstalled upon any such aircraft. "Consumable

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1		supplies" include, but are not limited to, adhesive, tape,
2		sandpaper, general purpose lubricants, cleaning solution,
3		latex gloves, and protective films.
4		Beginning January 1, 2010 and continuing through December
5		31, 2023, this exemption applies only to the use of qualifying
6		tangible personal property by persons who modify, refurbish,
7		complete, repair, replace, or maintain aircraft and who (i)
8		hold an Air Agency Certificate and are empowered to operate an
9		approved repair station by the Federal Aviation
10		Administration, (ii) have a Class IV Rating, and (iii) conduct
11		operations in accordance with Part 145 of the Federal Aviation
12		Regulations. From January 1, 2024 through December 31, 2029,
13		this exemption applies only to the use of qualifying tangible
14		personal property by: (A) persons who modify, refurbish,
15		complete, repair, replace, or maintain aircraft and who (i)
16		hold an Air Agency Certificate and are empowered to operate an
17		approved repair station by the Federal Aviation
18		Administration, (ii) have a Class IV Rating, and (iii) conduct
19		operations in accordance with Part 145 of the Federal Aviation
20		Regulations; and (B) persons who engage in the modification,
21		replacement, repair, and maintenance of aircraft engines or
22		power plants without regard to whether or not those persons
23		meet the qualifications of item (A).
24		The exemption does not include aircraft operated by a
25		commercial air carrier providing scheduled passenger air
26		service pursuant to authority issued under Part 121 or Part

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1		129 of the Federal Aviation Regulations. The changes made to
2		this paragraph (35) by Public Act 98-534 are declarative of
3		existing law. It is the intent of the General Assembly that the
4		exemption under this paragraph (35) applies continuously from
5		January 1, 2010 through December 31, 2024; however, no claim
6		for credit or refund is allowed for taxes paid as a result of
7		the disallowance of this exemption on or after January 1, 2015
8		and prior to February 5, 2020 (the effective date of Public Act
9		101-629).
10		(36) Tangible personal property purchased by a
11		public-facilities corporation, as described in Section
12		11-65-10 of the Illinois Municipal Code, for purposes of
13		constructing or furnishing a municipal convention hall, but
14		only if the legal title to the municipal convention hall is
15		transferred to the municipality without any further
16		consideration by or on behalf of the municipality at the time
17		of the completion of the municipal convention hall or upon the
18		retirement or redemption of any bonds or other debt
19		instruments issued by the public-facilities corporation in
20		connection with the development of the municipal convention
21		hall. This exemption includes existing public-facilities
22		corporations as provided in Section 11-65-25 of the Illinois
23		Municipal Code. This paragraph is exempt from the provisions
24		of Section 3-90.
25		(37) Beginning January 1, 2017 and through December 31,
26		2026, menstrual pads, tampons, and menstrual cups.

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1		(38) Merchandise that is subject to the Rental Purchase
2		Agreement Occupation and Use Tax. The purchaser must certify
3		that the item is purchased to be rented subject to a
4		rental-purchase agreement, as defined in the Rental-Purchase
5		Agreement Act, and provide proof of registration under the
6		Rental Purchase Agreement Occupation and Use Tax Act. This
7		paragraph is exempt from the provisions of Section 3-90.
8		(39) Tangible personal property purchased by a purchaser
9		who is exempt from the tax imposed by this Act by operation of
10		federal law. This paragraph is exempt from the provisions of
11		Section 3-90.
12		(40) Qualified tangible personal property used in the
13		construction or operation of a data center that has been
14		granted a certificate of exemption by the Department of
15		Commerce and Economic Opportunity, whether that tangible
16		personal property is purchased by the owner, operator, or
17		tenant of the data center or by a contractor or subcontractor
18		of the owner, operator, or tenant. Data centers that would
19		have qualified for a certificate of exemption prior to January
20		1, 2020 had Public Act 101-31 been in effect may apply for and
21		obtain an exemption for subsequent purchases of computer
22		equipment or enabling software purchased or leased to upgrade,
23		supplement, or replace computer equipment or enabling software
24		purchased or leased in the original investment that would have
25		qualified.
26		The Department of Commerce and Economic Opportunity shall

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1		grant a certificate of exemption under this item (40) to
2		qualified data centers as defined by Section 605-1025 of the
3		Department of Commerce and Economic Opportunity Law of the
4		Civil Administrative Code of Illinois.
5		For the purposes of this item (40):
6		"Data center" means a building or a series of
7		buildings rehabilitated or constructed to house working
8		servers in one physical location or multiple sites within
9		the State of Illinois.
10		"Qualified tangible personal property" means:
11		electrical systems and equipment; climate control and
12		chilling equipment and systems; mechanical systems and
13		equipment; monitoring and secure systems; emergency
14		generators; hardware; computers; servers; data storage
15		devices; network connectivity equipment; racks; cabinets;
16		telecommunications cabling infrastructure; raised floor
17		systems; peripheral components or systems; software;
18		mechanical, electrical, or plumbing systems; battery
19		systems; cooling systems and towers; temperature control
20		systems; other cabling; and other data center
21		infrastructure equipment and systems necessary to operate
22		qualified tangible personal property, including fixtures;
23		and component parts of any of the foregoing, including
24		installation, maintenance, repair, refurbishment, and
25		replacement of qualified tangible personal property to
26		generate, transform, transmit, distribute, or manage

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1		electricity necessary to operate qualified tangible
2		personal property; and all other tangible personal
3		property that is essential to the operations of a computer
4		data center. The term "qualified tangible personal
5		property" also includes building materials physically
6		incorporated into the qualifying data center. To document
7		the exemption allowed under this Section, the retailer
8		must obtain from the purchaser a copy of the certificate
9		of eligibility issued by the Department of Commerce and
10		Economic Opportunity.
11		This item (40) is exempt from the provisions of Section
12		3-90.
13		(41) Beginning July 1, 2022, breast pumps, breast pump
14		collection and storage supplies, and breast pump kits. This
15		item (41) is exempt from the provisions of Section 3-90. As
16		used in this item (41):
17		"Breast pump" means an electrically controlled or
18		manually controlled pump device designed or marketed to be
19		used to express milk from a human breast during lactation,
20		including the pump device and any battery, AC adapter, or
21		other power supply unit that is used to power the pump
22		device and is packaged and sold with the pump device at the
23		time of sale.
24		"Breast pump collection and storage supplies" means
25		items of tangible personal property designed or marketed
26		to be used in conjunction with a breast pump to collect

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1		milk expressed from a human breast and to store collected
2		milk until it is ready for consumption.
3		"Breast pump collection and storage supplies"
4		includes, but is not limited to: breast shields and breast
5		shield connectors; breast pump tubes and tubing adapters;
6		breast pump valves and membranes; backflow protectors and
7		backflow protector adaptors; bottles and bottle caps
8		specific to the operation of the breast pump; and breast
9		milk storage bags.
10		"Breast pump collection and storage supplies" does not
11		include: (1) bottles and bottle caps not specific to the
12		operation of the breast pump; (2) breast pump travel bags
13		and other similar carrying accessories, including ice
14		packs, labels, and other similar products; (3) breast pump
15		cleaning supplies; (4) nursing bras, bra pads, breast
16		shells, and other similar products; and (5) creams,
17		ointments, and other similar products that relieve
18		breastfeeding-related symptoms or conditions of the
19		breasts or nipples, unless sold as part of a breast pump
20		kit that is pre-packaged by the breast pump manufacturer
21		or distributor.
22		"Breast pump kit" means a kit that: (1) contains no
23		more than a breast pump, breast pump collection and
24		storage supplies, a rechargeable battery for operating the
25		breast pump, a breastmilk cooler, bottle stands, ice
26		packs, and a breast pump carrying case; and (2) is

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1		pre-packaged as a breast pump kit by the breast pump
2		manufacturer or distributor.
3		(42) Tangible personal property sold by or on behalf of
4		the State Treasurer pursuant to the Revised Uniform Unclaimed
5		Property Act. This item (42) is exempt from the provisions of
6		Section 3-90.
7		(43) Beginning on January 1, 2024, tangible personal
8		property purchased by an active duty member of the armed
9		forces of the United States who presents valid military
10		identification and purchases the property using a form of
11		payment where the federal government is the payor. The member
12		of the armed forces must complete, at the point of sale, a form
13		prescribed by the Department of Revenue documenting that the
14		transaction is eligible for the exemption under this
15		paragraph. Retailers must keep the form as documentation of
16		the exemption in their records for a period of not less than 6
17		years. "Armed forces of the United States" means the United
18		States Army, Navy, Air Force, Space Force, Marine Corps, or
19		Coast Guard. This paragraph is exempt from the provisions of
20		Section 3-90.
21		(44) Beginning July 1, 2024, home-delivered meals provided
22		to Medicare or Medicaid recipients when payment is made by an
23		intermediary, such as a Medicare Administrative Contractor, a
24		Managed Care Organization, or a Medicare Advantage
25		Organization, pursuant to a government contract. This item
26		(44) is exempt from the provisions of Section 3-90.

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1		(45) Beginning on January 1, 2026, as further defined in
2		Section 3-10, food for human consumption that is to be
3		consumed off the premises where it is sold (other than
4		alcoholic beverages, food consisting of or infused with adult
5		use cannabis, soft drinks, candy, and food that has been
6		prepared for immediate consumption, and, beginning on November
7		12, 2026, food that is a final consumer hemp cannabinoid
8		product as defined in the Illinois Hemp Act). This item (45) is
9		exempt from the provisions of Section 3-90.
10		(46) Use by the lessee of the following leased tangible
11		personal property:
12		(1) software transferred subject to a license that
13		meets the following requirements:
14		(A) it is evidenced by a written agreement signed
15		by the licensor and the customer;
16		(i) an electronic agreement in which the
17		customer accepts the license by means of an
18		electronic signature that is verifiable and can be
19		authenticated and is attached to or made part of
20		the license will comply with this requirement;
21		(ii) a license agreement in which the customer
22		electronically accepts the terms by clicking "I
23		agree" does not comply with this requirement;
24		(B) it restricts the customer's duplication and
25		use of the software;
26		(C) it prohibits the customer from licensing,

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1		sublicensing, or transferring the software to a third
2		party (except to a related party) without the
3		permission and continued control of the licensor;
4		(D) the licensor has a policy of providing another
5		copy at minimal or no charge if the customer loses or
6		damages the software, or of permitting the licensee to
7		make and keep an archival copy, and such policy is
8		either stated in the license agreement, supported by
9		the licensor's books and records, or supported by a
10		notarized statement made under penalties of perjury by
11		the licensor; and
12		(E) the customer must destroy or return all copies
13		of the software to the licensor at the end of the
14		license period; this provision is deemed to be met, in
15		the case of a perpetual license, without being set
16		forth in the license agreement; and
17		(2) property that is subject to a tax on lease
18		receipts imposed by a home rule unit of local government
19		if the ordinance imposing that tax was adopted prior to
20		January 1, 2023.
21		(Source: P.A. 103-9, Article 5, Section 5-5, eff. 6-7-23;
22		103-9, Article 15, Section 15-5, eff. 6-7-23; 103-154, eff.
23		6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605,
24		eff. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25;
25		103-781, eff. 8-5-24; 104-417, eff. 8-15-25.)

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1		(35 ILCS 105/3-10)  from Ch. 120, par. 439.33-10
2		Sec. 3-10. Rate of tax. Unless otherwise provided in this
3		Section, the tax imposed by this Act is at the rate of 6.25% of
4		either the selling price or the fair market value, if any, of
5		the tangible personal property, which, on and after January 1,
6		2025, includes leases of tangible personal property. In all
7		cases where property functionally used or consumed is the same
8		as the property that was purchased at retail, then the tax is
9		imposed on the selling price of the property. In all cases
10		where property functionally used or consumed is a by-product
11		or waste product that has been refined, manufactured, or
12		produced from property purchased at retail, then the tax is
13		imposed on the lower of the fair market value, if any, of the
14		specific property so used in this State or on the selling price
15		of the property purchased at retail. For purposes of this
16		Section "fair market value" means the price at which property
17		would change hands between a willing buyer and a willing
18		seller, neither being under any compulsion to buy or sell and
19		both having reasonable knowledge of the relevant facts. The
20		fair market value shall be established by Illinois sales by
21		the taxpayer of the same property as that functionally used or
22		consumed, or if there are no such sales by the taxpayer, then
23		comparable sales or purchases of property of like kind and
24		character in Illinois.
25		Beginning on July 1, 2000 and through December 31, 2000,
26		with respect to motor fuel, as defined in Section 1.1 of the

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1		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
2		the Use Tax Act, the tax is imposed at the rate of 1.25%.
3		Beginning on August 6, 2010 through August 15, 2010, and
4		beginning again on August 5, 2022 through August 14, 2022,
5		with respect to sales tax holiday items as defined in Section
6		3-6 of this Act, the tax is imposed at the rate of 1.25%.
7		With respect to gasohol, the tax imposed by this Act
8		applies to (i) 70% of the proceeds of sales made on or after
9		January 1, 1990, and before July 1, 2003, (ii) 80% of the
10		proceeds of sales made on or after July 1, 2003 and on or
11		before July 1, 2017, (iii) 100% of the proceeds of sales made
12		after July 1, 2017 and prior to January 1, 2024, (iv) 90% of
13		the proceeds of sales made on or after January 1, 2024 and on
14		or before December 31, 2028, and (v) 100% of the proceeds of
15		sales made after December 31, 2028. If, at any time, however,
16		the tax under this Act on sales of gasohol is imposed at the
17		rate of 1.25%, then the tax imposed by this Act applies to 100%
18		of the proceeds of sales of gasohol made during that time.
19		With respect to mid-range ethanol blends, the tax imposed
20		by this Act applies to (i) 80% of the proceeds of sales made on
21		or after January 1, 2024 and on or before December 31, 2028 and
22		(ii) 100% of the proceeds of sales made thereafter. If, at any
23		time, however, the tax under this Act on sales of mid-range
24		ethanol blends is imposed at the rate of 1.25%, then the tax
25		imposed by this Act applies to 100% of the proceeds of sales of
26		mid-range ethanol blends made during that time.

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1		With respect to majority blended ethanol fuel, the tax
2		imposed by this Act does not apply to the proceeds of sales
3		made on or after July 1, 2003 and on or before December 31,
4		2028 but applies to 100% of the proceeds of sales made
5		thereafter.
6		With respect to biodiesel blends with no less than 1% and
7		no more than 10% biodiesel, the tax imposed by this Act applies
8		to (i) 80% of the proceeds of sales made on or after July 1,
9		2003 and on or before December 31, 2018 and (ii) 100% of the
10		proceeds of sales made after December 31, 2018 and before
11		January 1, 2024. On and after January 1, 2024 and on or before
12		December 31, 2030, the taxation of biodiesel, renewable
13		diesel, and biodiesel blends shall be as provided in Section
14		3-5.1. If, at any time, however, the tax under this Act on
15		sales of biodiesel blends with no less than 1% and no more than
16		10% biodiesel is imposed at the rate of 1.25%, then the tax
17		imposed by this Act applies to 100% of the proceeds of sales of
18		biodiesel blends with no less than 1% and no more than 10%
19		biodiesel made during that time.
20		With respect to biodiesel and biodiesel blends with more
21		than 10% but no more than 99% biodiesel, the tax imposed by
22		this Act does not apply to the proceeds of sales made on or
23		after July 1, 2003 and on or before December 31, 2023. On and
24		after January 1, 2024 and on or before December 31, 2030, the
25		taxation of biodiesel, renewable diesel, and biodiesel blends
26		shall be as provided in Section 3-5.1.

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1		Until July 1, 2022 and from July 1, 2023 through December
2		31, 2025, with respect to food for human consumption that is to
3		be consumed off the premises where it is sold (other than
4		alcoholic beverages, food consisting of or infused with adult
5		use cannabis, soft drinks, and food that has been prepared for
6		immediate consumption, and, beginning on November 12, 2026,
7		food that is a final consumer hemp cannabinoid product as
8		defined in the Illinois Hemp Act), the tax is imposed at the
9		rate of 1%. Beginning on July 1, 2022 and until July 1, 2023,
10		with respect to food for human consumption that is to be
11		consumed off the premises where it is sold (other than
12		alcoholic beverages, food consisting of or infused with adult
13		use cannabis, soft drinks, and food that has been prepared for
14		immediate consumption), the tax is imposed at the rate of 0%.
15		On and after January 1, 2026, food for human consumption that
16		is to be consumed off the premises where it is sold (other than
17		alcoholic beverages, food consisting of or infused with adult
18		use cannabis, soft drinks, candy, and food that has been
19		prepared for immediate consumption) is exempt from the tax
20		imposed by this Act.
21		With respect to prescription and nonprescription
22		medicines, drugs, medical appliances, products classified as
23		Class III medical devices by the United States Food and Drug
24		Administration that are used for cancer treatment pursuant to
25		a prescription, as well as any accessories and components
26		related to those devices, modifications to a motor vehicle for

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1		the purpose of rendering it usable by a person with a
2		disability, and insulin, blood sugar testing materials,
3		syringes, and needles used by human diabetics, the tax is
4		imposed at the rate of 1%. For the purposes of this Section,
5		until September 1, 2009: the term "soft drinks" means any
6		complete, finished, ready-to-use, non-alcoholic drink, whether
7		carbonated or not, including, but not limited to, soda water,
8		cola, fruit juice, vegetable juice, carbonated water, and all
9		other preparations commonly known as soft drinks of whatever
10		kind or description that are contained in any closed or sealed
11		bottle, can, carton, or container, regardless of size; but
12		"soft drinks" does not include coffee, tea, non-carbonated
13		water, infant formula, milk or milk products as defined in the
14		Grade A Pasteurized Milk and Milk Products Act, or drinks
15		containing 50% or more natural fruit or vegetable juice.
16		Notwithstanding any other provisions of this Act,
17		beginning September 1, 2009, "soft drinks" means non-alcoholic
18		beverages that contain natural or artificial sweeteners. "Soft
19		drinks" does not include beverages that contain milk or milk
20		products, soy, rice or similar milk substitutes, or greater
21		than 50% of vegetable or fruit juice by volume.
22		Until August 1, 2009, and notwithstanding any other
23		provisions of this Act, "food for human consumption that is to
24		be consumed off the premises where it is sold" includes all
25		food sold through a vending machine, except soft drinks and
26		food products that are dispensed hot from a vending machine,

SB3222 Enrolled - 208 - LRB104 19119 AAS 32564 b
1		regardless of the location of the vending machine. Beginning
2		August 1, 2009, and notwithstanding any other provisions of
3		this Act, "food for human consumption that is to be consumed
4		off the premises where it is sold" includes all food sold
5		through a vending machine, except soft drinks, candy, and food
6		products that are dispensed hot from a vending machine,
7		regardless of the location of the vending machine.
8		Notwithstanding any other provisions of this Act,
9		beginning September 1, 2009, "food for human consumption that
10		is to be consumed off the premises where it is sold" does not
11		include candy. For purposes of this Section, "candy" means a
12		preparation of sugar, honey, or other natural or artificial
13		sweeteners in combination with chocolate, fruits, nuts or
14		other ingredients or flavorings in the form of bars, drops, or
15		pieces. "Candy" does not include any preparation that contains
16		flour or requires refrigeration.
17		Notwithstanding any other provisions of this Act,
18		beginning September 1, 2009, "nonprescription medicines and
19		drugs" does not include grooming and hygiene products. For
20		purposes of this Section, "grooming and hygiene products"
21		includes, but is not limited to, soaps and cleaning solutions,
22		shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
23		lotions and screens, unless those products are available by
24		prescription only, regardless of whether the products meet the
25		definition of "over-the-counter-drugs". For the purposes of
26		this paragraph, "over-the-counter-drug" means a drug for human

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1		use that contains a label that identifies the product as a drug
2		as required by 21 CFR 201.66. The "over-the-counter-drug"
3		label includes:
4		(A) a "Drug Facts" panel; or
5		(B) a statement of the "active ingredient(s)" with a
6		list of those ingredients contained in the compound,
7		substance or preparation.
8		Beginning on January 1, 2014 (the effective date of Public
9		Act 98-122), "prescription and nonprescription medicines and
10		drugs" includes medical cannabis purchased from a registered
11		dispensing organization under the Compassionate Use of Medical
12		Cannabis Program Act.
13		Beginning 90 days after the effective date of this
14		amendatory Act of the 104th General Assembly, "prescription
15		and nonprescription medicines and drugs" includes cannabis or
16		cannabis-infused products purchased by a qualified patient,
17		provisional patient, designated caregiver, or Opioid
18		Alternative Patient Program participant as part of that
19		individual's adequate medical supply from any dispensary that
20		has been issued a Medical Cannabis Dispensing Organization
21		license, as these terms are defined under the Cannabis
22		Regulation and Tax Act.
23		Beginning on the November 12, 2026, "prescription and
24		nonprescription medicines and drugs" does not include a final
25		consumer hemp cannabinoid product as defined in the Illinois
26		Hemp Act.

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1		As used in this Section, "adult use cannabis" means
2		cannabis subject to tax under the Cannabis Cultivation
3		Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
4		and does not include cannabis subject to tax under the
5		Compassionate Use of Medical Cannabis Program Act.
6		Beginning 90 days after the effective date of this
7		amendatory Act of the 104th General Assembly, as used in this
8		Section, "adult use cannabis" does not include cannabis or
9		cannabis-infused products purchased by a qualified patient,
10		provisional patient, designated caregiver, or Opioid
11		Alternative Patient Program participant as part of that
12		individual's adequate medical supply from any dispensary that
13		has been issued a Medical Cannabis Dispensing Organization
14		license.
15		If the property that is purchased at retail from a
16		retailer is acquired outside Illinois and used outside
17		Illinois before being brought to Illinois for use here and is
18		taxable under this Act, the "selling price" on which the tax is
19		computed shall be reduced by an amount that represents a
20		reasonable allowance for depreciation for the period of prior
21		out-of-state use. No depreciation is allowed in cases where
22		the tax under this Act is imposed on lease receipts.
23		(Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;
24		103-592, eff. 1-1-25; 103-781, eff. 8-5-24; 104-417, eff.
25		8-15-25.)

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1		Section 125. The Service Use Tax Act is amended by
2		changing Sections 3-5 and 3-10 as follows:
3		(35 ILCS 110/3-5)
4		Sec. 3-5. Exemptions. Use of the following tangible
5		personal property is exempt from the tax imposed by this Act:
6		(1) Personal property purchased from a corporation,
7		society, association, foundation, institution, or
8		organization, other than a limited liability company, that is
9		organized and operated as a not-for-profit service enterprise
10		for the benefit of persons 65 years of age or older if the
11		personal property was not purchased by the enterprise for the
12		purpose of resale by the enterprise.
13		(2) Personal property purchased by a non-profit Illinois
14		county fair association for use in conducting, operating, or
15		promoting the county fair.
16		(3) Personal property purchased by a not-for-profit arts
17		or cultural organization that establishes, by proof required
18		by the Department by rule, that it has received an exemption
19		under Section 501(c)(3) of the Internal Revenue Code and that
20		is organized and operated primarily for the presentation or
21		support of arts or cultural programming, activities, or
22		services. These organizations include, but are not limited to,
23		music and dramatic arts organizations such as symphony
24		orchestras and theatrical groups, arts and cultural service
25		organizations, local arts councils, visual arts organizations,

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1		and media arts organizations. On and after July 1, 2001 (the
2		effective date of Public Act 92-35), however, an entity
3		otherwise eligible for this exemption shall not make tax-free
4		purchases unless it has an active identification number issued
5		by the Department.
6		(4) Legal tender, currency, medallions, or gold or silver
7		coinage issued by the State of Illinois, the government of the
8		United States of America, or the government of any foreign
9		country, and bullion.
10		(5) Until July 1, 2003 and beginning again on September 1,
11		2004 through August 30, 2014, graphic arts machinery and
12		equipment, including repair and replacement parts, both new
13		and used, and including that manufactured on special order or
14		purchased for lease, certified by the purchaser to be used
15		primarily for graphic arts production. Equipment includes
16		chemicals or chemicals acting as catalysts but only if the
17		chemicals or chemicals acting as catalysts effect a direct and
18		immediate change upon a graphic arts product. Beginning on
19		July 1, 2017, graphic arts machinery and equipment is included
20		in the manufacturing and assembling machinery and equipment
21		exemption under Section 2 of this Act.
22		(6) Personal property purchased from a teacher-sponsored
23		student organization affiliated with an elementary or
24		secondary school located in Illinois.
25		(7) Farm machinery and equipment, both new and used,
26		including that manufactured on special order, certified by the

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1		purchaser to be used primarily for production agriculture or
2		State or federal agricultural programs, including individual
3		replacement parts for the machinery and equipment, including
4		machinery and equipment purchased for lease, and including
5		implements of husbandry defined in Section 1-130 of the
6		Illinois Vehicle Code, farm machinery and agricultural
7		chemical and fertilizer spreaders, and nurse wagons required
8		to be registered under Section 3-809 of the Illinois Vehicle
9		Code, but excluding other motor vehicles required to be
10		registered under the Illinois Vehicle Code. Horticultural
11		polyhouses or hoop houses used for propagating, growing, or
12		overwintering plants shall be considered farm machinery and
13		equipment under this item (7). Agricultural chemical tender
14		tanks and dry boxes shall include units sold separately from a
15		motor vehicle required to be licensed and units sold mounted
16		on a motor vehicle required to be licensed if the selling price
17		of the tender is separately stated.
18		Farm machinery and equipment shall include precision
19		farming equipment that is installed or purchased to be
20		installed on farm machinery and equipment, including, but not
21		limited to, tractors, harvesters, sprayers, planters, seeders,
22		or spreaders. Precision farming equipment includes, but is not
23		limited to, soil testing sensors, computers, monitors,
24		software, global positioning and mapping systems, and other
25		such equipment.
26		Farm machinery and equipment also includes computers,

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1		sensors, software, and related equipment used primarily in the
2		computer-assisted operation of production agriculture
3		facilities, equipment, and activities such as, but not limited
4		to, the collection, monitoring, and correlation of animal and
5		crop data for the purpose of formulating animal diets and
6		agricultural chemicals.
7		Beginning on January 1, 2024, farm machinery and equipment
8		also includes electrical power generation equipment used
9		primarily for production agriculture.
10		This item (7) is exempt from the provisions of Section
11		3-75.
12		(8) Until June 30, 2013, fuel and petroleum products sold
13		to or used by an air common carrier, certified by the carrier
14		to be used for consumption, shipment, or storage in the
15		conduct of its business as an air common carrier, for a flight
16		destined for or returning from a location or locations outside
17		the United States without regard to previous or subsequent
18		domestic stopovers.
19		Beginning July 1, 2013, fuel and petroleum products sold
20		to or used by an air carrier, certified by the carrier to be
21		used for consumption, shipment, or storage in the conduct of
22		its business as an air common carrier, for a flight that (i) is
23		engaged in foreign trade or is engaged in trade between the
24		United States and any of its possessions and (ii) transports
25		at least one individual or package for hire from the city of
26		origination to the city of final destination on the same

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1		aircraft, without regard to a change in the flight number of
2		that aircraft.
3		(9) Proceeds of mandatory service charges separately
4		stated on customers' bills for the purchase and consumption of
5		food and beverages acquired as an incident to the purchase of a
6		service from a serviceman, to the extent that the proceeds of
7		the service charge are in fact turned over as tips or as a
8		substitute for tips to the employees who participate directly
9		in preparing, serving, hosting or cleaning up the food or
10		beverage function with respect to which the service charge is
11		imposed.
12		(10) Until July 1, 2003, oil field exploration, drilling,
13		and production equipment, including (i) rigs and parts of
14		rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)
15		pipe and tubular goods, including casing and drill strings,
16		(iii) pumps and pump-jack units, (iv) storage tanks and flow
17		lines, (v) any individual replacement part for oil field
18		exploration, drilling, and production equipment, and (vi)
19		machinery and equipment purchased for lease; but excluding
20		motor vehicles required to be registered under the Illinois
21		Vehicle Code.
22		(11) Proceeds from the sale of photoprocessing machinery
23		and equipment, including repair and replacement parts, both
24		new and used, including that manufactured on special order,
25		certified by the purchaser to be used primarily for
26		photoprocessing, and including photoprocessing machinery and

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1		equipment purchased for lease.
2		(12) Until July 1, 2028, coal and aggregate exploration,
3		mining, off-highway hauling, processing, maintenance, and
4		reclamation equipment, including replacement parts and
5		equipment, and including equipment purchased for lease, but
6		excluding motor vehicles required to be registered under the
7		Illinois Vehicle Code. The changes made to this Section by
8		Public Act 97-767 apply on and after July 1, 2003, but no claim
9		for credit or refund is allowed on or after August 16, 2013
10		(the effective date of Public Act 98-456) for such taxes paid
11		during the period beginning July 1, 2003 and ending on August
12		16, 2013 (the effective date of Public Act 98-456).
13		(13) Semen used for artificial insemination of livestock
14		for direct agricultural production.
15		(14) Horses, or interests in horses, registered with and
16		meeting the requirements of any of the Arabian Horse Club
17		Registry of America, Appaloosa Horse Club, American Quarter
18		Horse Association, United States Trotting Association, or
19		Jockey Club, as appropriate, used for purposes of breeding or
20		racing for prizes. This item (14) is exempt from the
21		provisions of Section 3-75, and the exemption provided for
22		under this item (14) applies for all periods beginning May 30,
23		1995, but no claim for credit or refund is allowed on or after
24		January 1, 2008 (the effective date of Public Act 95-88) for
25		such taxes paid during the period beginning May 30, 2000 and
26		ending on January 1, 2008 (the effective date of Public Act

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1		95-88).
2		(15) Computers and communications equipment utilized for
3		any hospital purpose and equipment used in the diagnosis,
4		analysis, or treatment of hospital patients purchased by a
5		lessor who leases the equipment, under a lease of one year or
6		longer executed or in effect at the time the lessor would
7		otherwise be subject to the tax imposed by this Act, to a
8		hospital that has been issued an active tax exemption
9		identification number by the Department under Section 1g of
10		the Retailers' Occupation Tax Act. If the equipment is leased
11		in a manner that does not qualify for this exemption or is used
12		in any other non-exempt manner, the lessor shall be liable for
13		the tax imposed under this Act or the Use Tax Act, as the case
14		may be, based on the fair market value of the property at the
15		time the non-qualifying use occurs. No lessor shall collect or
16		attempt to collect an amount (however designated) that
17		purports to reimburse that lessor for the tax imposed by this
18		Act or the Use Tax Act, as the case may be, if the tax has not
19		been paid by the lessor. If a lessor improperly collects any
20		such amount from the lessee, the lessee shall have a legal
21		right to claim a refund of that amount from the lessor. If,
22		however, that amount is not refunded to the lessee for any
23		reason, the lessor is liable to pay that amount to the
24		Department.
25		(16) Personal property purchased by a lessor who leases
26		the property, under a lease of one year or longer executed or

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1		in effect at the time the lessor would otherwise be subject to
2		the tax imposed by this Act, to a governmental body that has
3		been issued an active tax exemption identification number by
4		the Department under Section 1g of the Retailers' Occupation
5		Tax Act. If the property is leased in a manner that does not
6		qualify for this exemption or is used in any other non-exempt
7		manner, the lessor shall be liable for the tax imposed under
8		this Act or the Use Tax Act, as the case may be, based on the
9		fair market value of the property at the time the
10		non-qualifying use occurs. No lessor shall collect or attempt
11		to collect an amount (however designated) that purports to
12		reimburse that lessor for the tax imposed by this Act or the
13		Use Tax Act, as the case may be, if the tax has not been paid
14		by the lessor. If a lessor improperly collects any such amount
15		from the lessee, the lessee shall have a legal right to claim a
16		refund of that amount from the lessor. If, however, that
17		amount is not refunded to the lessee for any reason, the lessor
18		is liable to pay that amount to the Department.
19		(17) Beginning with taxable years ending on or after
20		December 31, 1995 and ending with taxable years ending on or
21		before December 31, 2004, personal property that is donated
22		for disaster relief to be used in a State or federally declared
23		disaster area in Illinois or bordering Illinois by a
24		manufacturer or retailer that is registered in this State to a
25		corporation, society, association, foundation, or institution
26		that has been issued a sales tax exemption identification

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1		number by the Department that assists victims of the disaster
2		who reside within the declared disaster area.
3		(18) Beginning with taxable years ending on or after
4		December 31, 1995 and ending with taxable years ending on or
5		before December 31, 2004, personal property that is used in
6		the performance of infrastructure repairs in this State,
7		including, but not limited to, municipal roads and streets,
8		access roads, bridges, sidewalks, waste disposal systems,
9		water and sewer line extensions, water distribution and
10		purification facilities, storm water drainage and retention
11		facilities, and sewage treatment facilities, resulting from a
12		State or federally declared disaster in Illinois or bordering
13		Illinois when such repairs are initiated on facilities located
14		in the declared disaster area within 6 months after the
15		disaster.
16		(19) Beginning July 1, 1999, game or game birds purchased
17		at a "game breeding and hunting preserve area" as that term is
18		used in the Wildlife Code. This paragraph is exempt from the
19		provisions of Section 3-75.
20		(20) A motor vehicle, as that term is defined in Section
21		1-146 of the Illinois Vehicle Code, that is donated to a
22		corporation, limited liability company, society, association,
23		foundation, or institution that is determined by the
24		Department to be organized and operated exclusively for
25		educational purposes. For purposes of this exemption, "a
26		corporation, limited liability company, society, association,

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1		foundation, or institution organized and operated exclusively
2		for educational purposes" means all tax-supported public
3		schools, private schools that offer systematic instruction in
4		useful branches of learning by methods common to public
5		schools and that compare favorably in their scope and
6		intensity with the course of study presented in tax-supported
7		schools, and vocational or technical schools or institutes
8		organized and operated exclusively to provide a course of
9		study of not less than 6 weeks duration and designed to prepare
10		individuals to follow a trade or to pursue a manual,
11		technical, mechanical, industrial, business, or commercial
12		occupation.
13		(21) Beginning January 1, 2000, personal property,
14		including food, purchased through fundraising events for the
15		benefit of a public or private elementary or secondary school,
16		a group of those schools, or one or more school districts if
17		the events are sponsored by an entity recognized by the school
18		district that consists primarily of volunteers and includes
19		parents and teachers of the school children. This paragraph
20		does not apply to fundraising events (i) for the benefit of
21		private home instruction or (ii) for which the fundraising
22		entity purchases the personal property sold at the events from
23		another individual or entity that sold the property for the
24		purpose of resale by the fundraising entity and that profits
25		from the sale to the fundraising entity. This paragraph is
26		exempt from the provisions of Section 3-75.

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1		(22) Beginning January 1, 2000 and through December 31,
2		2001, new or used automatic vending machines that prepare and
3		serve hot food and beverages, including coffee, soup, and
4		other items, and replacement parts for these machines.
5		Beginning January 1, 2002 and through June 30, 2003, machines
6		and parts for machines used in commercial, coin-operated
7		amusement and vending business if a use or occupation tax is
8		paid on the gross receipts derived from the use of the
9		commercial, coin-operated amusement and vending machines. This
10		paragraph is exempt from the provisions of Section 3-75.
11		(23) Beginning August 23, 2001 and through June 30, 2016,
12		food for human consumption that is to be consumed off the
13		premises where it is sold (other than alcoholic beverages,
14		soft drinks, and food that has been prepared for immediate
15		consumption) and prescription and nonprescription medicines,
16		drugs, medical appliances, and insulin, urine testing
17		materials, syringes, and needles used by diabetics, for human
18		use, when purchased for use by a person receiving medical
19		assistance under Article V of the Illinois Public Aid Code who
20		resides in a licensed long-term care facility, as defined in
21		the Nursing Home Care Act, or in a licensed facility as defined
22		in the ID/DD Community Care Act, the MC/DD Act, or the
23		Specialized Mental Health Rehabilitation Act of 2013.
24		(24) Beginning on August 2, 2001 (the effective date of
25		Public Act 92-227), computers and communications equipment
26		utilized for any hospital purpose and equipment used in the

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1		diagnosis, analysis, or treatment of hospital patients
2		purchased by a lessor who leases the equipment, under a lease
3		of one year or longer executed or in effect at the time the
4		lessor would otherwise be subject to the tax imposed by this
5		Act, to a hospital that has been issued an active tax exemption
6		identification number by the Department under Section 1g of
7		the Retailers' Occupation Tax Act. If the equipment is leased
8		in a manner that does not qualify for this exemption or is used
9		in any other nonexempt manner, the lessor shall be liable for
10		the tax imposed under this Act or the Use Tax Act, as the case
11		may be, based on the fair market value of the property at the
12		time the nonqualifying use occurs. No lessor shall collect or
13		attempt to collect an amount (however designated) that
14		purports to reimburse that lessor for the tax imposed by this
15		Act or the Use Tax Act, as the case may be, if the tax has not
16		been paid by the lessor. If a lessor improperly collects any
17		such amount from the lessee, the lessee shall have a legal
18		right to claim a refund of that amount from the lessor. If,
19		however, that amount is not refunded to the lessee for any
20		reason, the lessor is liable to pay that amount to the
21		Department. This paragraph is exempt from the provisions of
22		Section 3-75.
23		(25) Beginning on August 2, 2001 (the effective date of
24		Public Act 92-227), personal property purchased by a lessor
25		who leases the property, under a lease of one year or longer
26		executed or in effect at the time the lessor would otherwise be

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1		subject to the tax imposed by this Act, to a governmental body
2		that has been issued an active tax exemption identification
3		number by the Department under Section 1g of the Retailers'
4		Occupation Tax Act. If the property is leased in a manner that
5		does not qualify for this exemption or is used in any other
6		nonexempt manner, the lessor shall be liable for the tax
7		imposed under this Act or the Use Tax Act, as the case may be,
8		based on the fair market value of the property at the time the
9		nonqualifying use occurs. No lessor shall collect or attempt
10		to collect an amount (however designated) that purports to
11		reimburse that lessor for the tax imposed by this Act or the
12		Use Tax Act, as the case may be, if the tax has not been paid
13		by the lessor. If a lessor improperly collects any such amount
14		from the lessee, the lessee shall have a legal right to claim a
15		refund of that amount from the lessor. If, however, that
16		amount is not refunded to the lessee for any reason, the lessor
17		is liable to pay that amount to the Department. This paragraph
18		is exempt from the provisions of Section 3-75.
19		(26) Beginning January 1, 2008, tangible personal property
20		used in the construction or maintenance of a community water
21		supply, as defined under Section 3.145 of the Environmental
22		Protection Act, that is operated by a not-for-profit
23		corporation that holds a valid water supply permit issued
24		under Title IV of the Environmental Protection Act. This
25		paragraph is exempt from the provisions of Section 3-75.
26		(27) Beginning January 1, 2010 and continuing through

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1		December 31, 2029, materials, parts, equipment, components,
2		and furnishings incorporated into or upon an aircraft as part
3		of the modification, refurbishment, completion, replacement,
4		repair, or maintenance of the aircraft. This exemption
5		includes consumable supplies used in the modification,
6		refurbishment, completion, replacement, repair, and
7		maintenance of aircraft. However, until January 1, 2024, this
8		exemption excludes any materials, parts, equipment,
9		components, and consumable supplies used in the modification,
10		replacement, repair, and maintenance of aircraft engines or
11		power plants, whether such engines or power plants are
12		installed or uninstalled upon any such aircraft. "Consumable
13		supplies" include, but are not limited to, adhesive, tape,
14		sandpaper, general purpose lubricants, cleaning solution,
15		latex gloves, and protective films.
16		Beginning January 1, 2010 and continuing through December
17		31, 2023, this exemption applies only to the use of qualifying
18		tangible personal property transferred incident to the
19		modification, refurbishment, completion, replacement, repair,
20		or maintenance of aircraft by persons who (i) hold an Air
21		Agency Certificate and are empowered to operate an approved
22		repair station by the Federal Aviation Administration, (ii)
23		have a Class IV Rating, and (iii) conduct operations in
24		accordance with Part 145 of the Federal Aviation Regulations.
25		From January 1, 2024 through December 31, 2029, this exemption
26		applies only to the use of qualifying tangible personal

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1		property transferred incident to: (A) the modification,
2		refurbishment, completion, repair, replacement, or maintenance
3		of an aircraft by persons who (i) hold an Air Agency
4		Certificate and are empowered to operate an approved repair
5		station by the Federal Aviation Administration, (ii) have a
6		Class IV Rating, and (iii) conduct operations in accordance
7		with Part 145 of the Federal Aviation Regulations; and (B) the
8		modification, replacement, repair, and maintenance of aircraft
9		engines or power plants without regard to whether or not those
10		persons meet the qualifications of item (A).
11		The exemption does not include aircraft operated by a
12		commercial air carrier providing scheduled passenger air
13		service pursuant to authority issued under Part 121 or Part
14		129 of the Federal Aviation Regulations. The changes made to
15		this paragraph (27) by Public Act 98-534 are declarative of
16		existing law. It is the intent of the General Assembly that the
17		exemption under this paragraph (27) applies continuously from
18		January 1, 2010 through December 31, 2024; however, no claim
19		for credit or refund is allowed for taxes paid as a result of
20		the disallowance of this exemption on or after January 1, 2015
21		and prior to February 5, 2020 (the effective date of Public Act
22		101-629).
23		(28) Tangible personal property purchased by a
24		public-facilities corporation, as described in Section
25		11-65-10 of the Illinois Municipal Code, for purposes of
26		constructing or furnishing a municipal convention hall, but

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1		only if the legal title to the municipal convention hall is
2		transferred to the municipality without any further
3		consideration by or on behalf of the municipality at the time
4		of the completion of the municipal convention hall or upon the
5		retirement or redemption of any bonds or other debt
6		instruments issued by the public-facilities corporation in
7		connection with the development of the municipal convention
8		hall. This exemption includes existing public-facilities
9		corporations as provided in Section 11-65-25 of the Illinois
10		Municipal Code. This paragraph is exempt from the provisions
11		of Section 3-75.
12		(29) Beginning January 1, 2017 and through December 31,
13		2026, menstrual pads, tampons, and menstrual cups.
14		(30) Tangible personal property transferred to a purchaser
15		who is exempt from the tax imposed by this Act by operation of
16		federal law. This paragraph is exempt from the provisions of
17		Section 3-75.
18		(31) Qualified tangible personal property used in the
19		construction or operation of a data center that has been
20		granted a certificate of exemption by the Department of
21		Commerce and Economic Opportunity, whether that tangible
22		personal property is purchased by the owner, operator, or
23		tenant of the data center or by a contractor or subcontractor
24		of the owner, operator, or tenant. Data centers that would
25		have qualified for a certificate of exemption prior to January
26		1, 2020 had Public Act 101-31 been in effect, may apply for and

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1		obtain an exemption for subsequent purchases of computer
2		equipment or enabling software purchased or leased to upgrade,
3		supplement, or replace computer equipment or enabling software
4		purchased or leased in the original investment that would have
5		qualified.
6		The Department of Commerce and Economic Opportunity shall
7		grant a certificate of exemption under this item (31) to
8		qualified data centers as defined by Section 605-1025 of the
9		Department of Commerce and Economic Opportunity Law of the
10		Civil Administrative Code of Illinois.
11		For the purposes of this item (31):
12		"Data center" means a building or a series of
13		buildings rehabilitated or constructed to house working
14		servers in one physical location or multiple sites within
15		the State of Illinois.
16		"Qualified tangible personal property" means:
17		electrical systems and equipment; climate control and
18		chilling equipment and systems; mechanical systems and
19		equipment; monitoring and secure systems; emergency
20		generators; hardware; computers; servers; data storage
21		devices; network connectivity equipment; racks; cabinets;
22		telecommunications cabling infrastructure; raised floor
23		systems; peripheral components or systems; software;
24		mechanical, electrical, or plumbing systems; battery
25		systems; cooling systems and towers; temperature control
26		systems; other cabling; and other data center

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1		infrastructure equipment and systems necessary to operate
2		qualified tangible personal property, including fixtures;
3		and component parts of any of the foregoing, including
4		installation, maintenance, repair, refurbishment, and
5		replacement of qualified tangible personal property to
6		generate, transform, transmit, distribute, or manage
7		electricity necessary to operate qualified tangible
8		personal property; and all other tangible personal
9		property that is essential to the operations of a computer
10		data center. The term "qualified tangible personal
11		property" also includes building materials physically
12		incorporated into the qualifying data center. To document
13		the exemption allowed under this Section, the retailer
14		must obtain from the purchaser a copy of the certificate
15		of eligibility issued by the Department of Commerce and
16		Economic Opportunity.
17		This item (31) is exempt from the provisions of Section
18		3-75.
19		(32) Beginning July 1, 2022, breast pumps, breast pump
20		collection and storage supplies, and breast pump kits. This
21		item (32) is exempt from the provisions of Section 3-75. As
22		used in this item (32):
23		"Breast pump" means an electrically controlled or
24		manually controlled pump device designed or marketed to be
25		used to express milk from a human breast during lactation,
26		including the pump device and any battery, AC adapter, or

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1		other power supply unit that is used to power the pump
2		device and is packaged and sold with the pump device at the
3		time of sale.
4		"Breast pump collection and storage supplies" means
5		items of tangible personal property designed or marketed
6		to be used in conjunction with a breast pump to collect
7		milk expressed from a human breast and to store collected
8		milk until it is ready for consumption.
9		"Breast pump collection and storage supplies"
10		includes, but is not limited to: breast shields and breast
11		shield connectors; breast pump tubes and tubing adapters;
12		breast pump valves and membranes; backflow protectors and
13		backflow protector adaptors; bottles and bottle caps
14		specific to the operation of the breast pump; and breast
15		milk storage bags.
16		"Breast pump collection and storage supplies" does not
17		include: (1) bottles and bottle caps not specific to the
18		operation of the breast pump; (2) breast pump travel bags
19		and other similar carrying accessories, including ice
20		packs, labels, and other similar products; (3) breast pump
21		cleaning supplies; (4) nursing bras, bra pads, breast
22		shells, and other similar products; and (5) creams,
23		ointments, and other similar products that relieve
24		breastfeeding-related symptoms or conditions of the
25		breasts or nipples, unless sold as part of a breast pump
26		kit that is pre-packaged by the breast pump manufacturer

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1		or distributor.
2		"Breast pump kit" means a kit that: (1) contains no
3		more than a breast pump, breast pump collection and
4		storage supplies, a rechargeable battery for operating the
5		breast pump, a breastmilk cooler, bottle stands, ice
6		packs, and a breast pump carrying case; and (2) is
7		pre-packaged as a breast pump kit by the breast pump
8		manufacturer or distributor.
9		(33) Tangible personal property sold by or on behalf of
10		the State Treasurer pursuant to the Revised Uniform Unclaimed
11		Property Act. This item (33) is exempt from the provisions of
12		Section 3-75.
13		(34) Beginning on January 1, 2024, tangible personal
14		property purchased by an active duty member of the armed
15		forces of the United States who presents valid military
16		identification and purchases the property using a form of
17		payment where the federal government is the payor. The member
18		of the armed forces must complete, at the point of sale, a form
19		prescribed by the Department of Revenue documenting that the
20		transaction is eligible for the exemption under this
21		paragraph. Retailers must keep the form as documentation of
22		the exemption in their records for a period of not less than 6
23		years. "Armed forces of the United States" means the United
24		States Army, Navy, Air Force, Space Force, Marine Corps, or
25		Coast Guard. This paragraph is exempt from the provisions of
26		Section 3-75.

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1		(35) Beginning July 1, 2024, home-delivered meals provided
2		to Medicare or Medicaid recipients when payment is made by an
3		intermediary, such as a Medicare Administrative Contractor, a
4		Managed Care Organization, or a Medicare Advantage
5		Organization, pursuant to a government contract. This
6		paragraph (35) is exempt from the provisions of Section 3-75.
7		(36) Beginning on January 1, 2026, as further defined in
8		Section 3-10, food prepared for immediate consumption and
9		transferred incident to a sale of service subject to this Act
10		or the Service Occupation Tax Act by an entity licensed under
11		the Hospital Licensing Act, the Nursing Home Care Act, the
12		Assisted Living and Shared Housing Act, the ID/DD Community
13		Care Act, the MC/DD Act, the Specialized Mental Health
14		Rehabilitation Act of 2013, or the Child Care Act of 1969 or by
15		an entity that holds a permit issued pursuant to the Life Care
16		Facilities Act. This item (36) is exempt from the provisions
17		of Section 3-75.
18		(37) Beginning on January 1, 2026, as further defined in
19		Section 3-10, food for human consumption that is to be
20		consumed off the premises where it is sold (other than
21		alcoholic beverages, food consisting of or infused with adult
22		use cannabis, soft drinks, candy, and food that has been
23		prepared for immediate consumption, and, beginning on November
24		12, 2026, food that is a final consumer hemp cannabinoid
25		product as defined in the Illinois Hemp Act). This item (37) is
26		exempt from the provisions of Section 3-75.

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1		(38) Use by a lessee of the following leased tangible
2		personal property:
3		(1) software transferred subject to a license that
4		meets the following requirements:
5		(A) it is evidenced by a written agreement signed
6		by the licensor and the customer;
7		(i) an electronic agreement in which the
8		customer accepts the license by means of an
9		electronic signature that is verifiable and can be
10		authenticated and is attached to or made part of
11		the license will comply with this requirement;
12		(ii) a license agreement in which the customer
13		electronically accepts the terms by clicking "I
14		agree" does not comply with this requirement;
15		(B) it restricts the customer's duplication and
16		use of the software;
17		(C) it prohibits the customer from licensing,
18		sublicensing, or transferring the software to a third
19		party (except to a related party) without the
20		permission and continued control of the licensor;
21		(D) the licensor has a policy of providing another
22		copy at minimal or no charge if the customer loses or
23		damages the software, or of permitting the licensee to
24		make and keep an archival copy, and such policy is
25		either stated in the license agreement, supported by
26		the licensor's books and records, or supported by a

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1		notarized statement made under penalties of perjury by
2		the licensor; and
3		(E) the customer must destroy or return all copies
4		of the software to the licensor at the end of the
5		license period; this provision is deemed to be met, in
6		the case of a perpetual license, without being set
7		forth in the license agreement; and
8		(2) property that is subject to a tax on lease
9		receipts imposed by a home rule unit of local government
10		if the ordinance imposing that tax was adopted prior to
11		January 1, 2023.
12		(Source: P.A. 103-9, Article 5, Section 5-10, eff. 6-7-23;
13		103-9, Article 15, Section 15-10, eff. 6-7-23; 103-154, eff.
14		6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605,
15		eff. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25;
16		103-781, eff. 8-5-24; 103-995, eff. 8-9-24; 104-417, eff.
17		8-15-25.)
18		(35 ILCS 110/3-10)
19		Sec. 3-10. Rate of tax. Unless otherwise provided in this
20		Section, the tax imposed by this Act is at the rate of 6.25% of
21		the selling price of tangible personal property transferred,
22		including, on and after January 1, 2025, transferred by lease,
23		as an incident to the sale of service, but, for the purpose of
24		computing this tax, in no event shall the selling price be less
25		than the cost price of the property to the serviceman.

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1		Beginning on July 1, 2000 and through December 31, 2000,
2		with respect to motor fuel, as defined in Section 1.1 of the
3		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
4		the Use Tax Act, the tax is imposed at the rate of 1.25%.
5		With respect to gasohol, as defined in the Use Tax Act, the
6		tax imposed by this Act applies to (i) 70% of the selling price
7		of property transferred as an incident to the sale of service
8		on or after January 1, 1990, and before July 1, 2003, (ii) 80%
9		of the selling price of property transferred as an incident to
10		the sale of service on or after July 1, 2003 and on or before
11		July 1, 2017, (iii) 100% of the selling price of property
12		transferred as an incident to the sale of service after July 1,
13		2017 and before January 1, 2024, (iv) 90% of the selling price
14		of property transferred as an incident to the sale of service
15		on or after January 1, 2024 and on or before December 31, 2028,
16		and (v) 100% of the selling price of property transferred as an
17		incident to the sale of service after December 31, 2028. If, at
18		any time, however, the tax under this Act on sales of gasohol,
19		as defined in the Use Tax Act, is imposed at the rate of 1.25%,
20		then the tax imposed by this Act applies to 100% of the
21		proceeds of sales of gasohol made during that time.
22		With respect to mid-range ethanol blends, as defined in
23		Section 3-44.3 of the Use Tax Act, the tax imposed by this Act
24		applies to (i) 80% of the selling price of property
25		transferred as an incident to the sale of service on or after
26		January 1, 2024 and on or before December 31, 2028 and (ii)

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1		100% of the selling price of property transferred as an
2		incident to the sale of service after December 31, 2028. If, at
3		any time, however, the tax under this Act on sales of mid-range
4		ethanol blends is imposed at the rate of 1.25%, then the tax
5		imposed by this Act applies to 100% of the selling price of
6		mid-range ethanol blends transferred as an incident to the
7		sale of service during that time.
8		With respect to majority blended ethanol fuel, as defined
9		in the Use Tax Act, the tax imposed by this Act does not apply
10		to the selling price of property transferred as an incident to
11		the sale of service on or after July 1, 2003 and on or before
12		December 31, 2028 but applies to 100% of the selling price
13		thereafter.
14		With respect to biodiesel blends, as defined in the Use
15		Tax Act, with no less than 1% and no more than 10% biodiesel,
16		the tax imposed by this Act applies to (i) 80% of the selling
17		price of property transferred as an incident to the sale of
18		service on or after July 1, 2003 and on or before December 31,
19		2018 and (ii) 100% of the proceeds of the selling price after
20		December 31, 2018 and before January 1, 2024. On and after
21		January 1, 2024 and on or before December 31, 2030, the
22		taxation of biodiesel, renewable diesel, and biodiesel blends
23		shall be as provided in Section 3-5.1 of the Use Tax Act. If,
24		at any time, however, the tax under this Act on sales of
25		biodiesel blends, as defined in the Use Tax Act, with no less
26		than 1% and no more than 10% biodiesel is imposed at the rate

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1		of 1.25%, then the tax imposed by this Act applies to 100% of
2		the proceeds of sales of biodiesel blends with no less than 1%
3		and no more than 10% biodiesel made during that time.
4		With respect to biodiesel, as defined in the Use Tax Act,
5		and biodiesel blends, as defined in the Use Tax Act, with more
6		than 10% but no more than 99% biodiesel, the tax imposed by
7		this Act does not apply to the proceeds of the selling price of
8		property transferred as an incident to the sale of service on
9		or after July 1, 2003 and on or before December 31, 2023. On
10		and after January 1, 2024 and on or before December 31, 2030,
11		the taxation of biodiesel, renewable diesel, and biodiesel
12		blends shall be as provided in Section 3-5.1 of the Use Tax
13		Act.
14		At the election of any registered serviceman made for each
15		fiscal year, for whom the aggregate annual cost price of
16		tangible personal property transferred as an incident to the
17		sales of service is less than 35%, or 75% in the case of
18		servicemen transferring prescription drugs or servicemen
19		engaged in graphic arts production, of the aggregate annual
20		total gross receipts from all sales of service, the tax
21		imposed by this Act shall be based on the serviceman's cost
22		price of the tangible personal property transferred as an
23		incident to the sale of those services. This election may also
24		be made by any serviceman maintaining a place of business in
25		this State who makes retail sales from outside of this State to
26		Illinois customers but is not required to be registered under

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1		Section 2a of the Retailers' Occupation Tax Act. Beginning
2		January 1, 2026, this election shall not apply to any sale of
3		service made through a marketplace that has met the threshold
4		in subsection (b-5) of Section 2d of this Act.
5		Beginning January 1, 2026, the tax shall be imposed at the
6		rate of 6.25% of 50% of the entire billing to the service
7		customer for all sales of service made through a marketplace
8		that has met the threshold in subsection (b-5) of Section 2d of
9		this Act. In no event shall 50% of the entire billing be less
10		than the cost price of the property to the marketplace
11		serviceman or the marketplace facilitator on its own sales of
12		service.
13		Until July 1, 2022 and from July 1, 2023 through December
14		31, 2025, the tax shall be imposed at the rate of 1% on food
15		prepared for immediate consumption and transferred incident to
16		a sale of service subject to this Act or the Service Occupation
17		Tax Act by an entity licensed under the Hospital Licensing
18		Act, the Nursing Home Care Act, the Assisted Living and Shared
19		Housing Act, the ID/DD Community Care Act, the MC/DD Act, the
20		Specialized Mental Health Rehabilitation Act of 2013, or the
21		Child Care Act of 1969, or an entity that holds a permit issued
22		pursuant to the Life Care Facilities Act. Until July 1, 2022
23		and from July 1, 2023 through December 31, 2025, the tax shall
24		also be imposed at the rate of 1% on food for human consumption
25		that is to be consumed off the premises where it is sold (other
26		than alcoholic beverages, food consisting of or infused with

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1		adult use cannabis, soft drinks, and food that has been
2		prepared for immediate consumption and is not otherwise
3		included in this paragraph).
4		Beginning on July 1, 2022 and until July 1, 2023, the tax
5		shall be imposed at the rate of 0% on food prepared for
6		immediate consumption and transferred incident to a sale of
7		service subject to this Act or the Service Occupation Tax Act
8		by an entity licensed under the Hospital Licensing Act, the
9		Nursing Home Care Act, the Assisted Living and Shared Housing
10		Act, the ID/DD Community Care Act, the MC/DD Act, the
11		Specialized Mental Health Rehabilitation Act of 2013, or the
12		Child Care Act of 1969, or an entity that holds a permit issued
13		pursuant to the Life Care Facilities Act. Beginning on July 1,
14		2022 and until July 1, 2023, the tax shall also be imposed at
15		the rate of 0% on food for human consumption that is to be
16		consumed off the premises where it is sold (other than
17		alcoholic beverages, food consisting of or infused with adult
18		use cannabis, soft drinks, and food that has been prepared for
19		immediate consumption and is not otherwise included in this
20		paragraph, and, beginning on November 12, 2026, food that is a
21		final consumer hemp cannabinoid product as defined in the
22		Illinois Hemp Act).
23		On and after January 1, 2026, food prepared for immediate
24		consumption and transferred incident to a sale of service
25		subject to this Act or the Service Occupation Tax Act by an
26		entity licensed under the Hospital Licensing Act, the Nursing

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1		Home Care Act, the Assisted Living and Shared Housing Act, the
2		ID/DD Community Care Act, the MC/DD Act, the Specialized
3		Mental Health Rehabilitation Act of 2013, or the Child Care
4		Act of 1969, or by an entity that holds a permit issued
5		pursuant to the Life Care Facilities Act is exempt from the tax
6		under this Act. On and after January 1, 2026, food for human
7		consumption that is to be consumed off the premises where it is
8		sold (other than alcoholic beverages, food consisting of or
9		infused with adult use cannabis, soft drinks, candy, and food
10		that has been prepared for immediate consumption and is not
11		otherwise included in this paragraph) is exempt from the tax
12		under this Act.
13		The tax shall be imposed at the rate of 1% on prescription
14		and nonprescription medicines, drugs, medical appliances,
15		products classified as Class III medical devices by the United
16		States Food and Drug Administration that are used for cancer
17		treatment pursuant to a prescription, as well as any
18		accessories and components related to those devices,
19		modifications to a motor vehicle for the purpose of rendering
20		it usable by a person with a disability, and insulin, blood
21		sugar testing materials, syringes, and needles used by human
22		diabetics. For the purposes of this Section, until September
23		1, 2009: the term "soft drinks" means any complete, finished,
24		ready-to-use, non-alcoholic drink, whether carbonated or not,
25		including, but not limited to, soda water, cola, fruit juice,
26		vegetable juice, carbonated water, and all other preparations

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1		commonly known as soft drinks of whatever kind or description
2		that are contained in any closed or sealed bottle, can,
3		carton, or container, regardless of size; but "soft drinks"
4		does not include coffee, tea, non-carbonated water, infant
5		formula, milk or milk products as defined in the Grade A
6		Pasteurized Milk and Milk Products Act, or drinks containing
7		50% or more natural fruit or vegetable juice.
8		Notwithstanding any other provisions of this Act,
9		beginning September 1, 2009, "soft drinks" means non-alcoholic
10		beverages that contain natural or artificial sweeteners. "Soft
11		drinks" does not include beverages that contain milk or milk
12		products, soy, rice or similar milk substitutes, or greater
13		than 50% of vegetable or fruit juice by volume.
14		Until August 1, 2009, and notwithstanding any other
15		provisions of this Act, "food for human consumption that is to
16		be consumed off the premises where it is sold" includes all
17		food sold through a vending machine, except soft drinks and
18		food products that are dispensed hot from a vending machine,
19		regardless of the location of the vending machine. Beginning
20		August 1, 2009, and notwithstanding any other provisions of
21		this Act, "food for human consumption that is to be consumed
22		off the premises where it is sold" includes all food sold
23		through a vending machine, except soft drinks, candy, and food
24		products that are dispensed hot from a vending machine,
25		regardless of the location of the vending machine.
26		Notwithstanding any other provisions of this Act,

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1		beginning September 1, 2009, "food for human consumption that
2		is to be consumed off the premises where it is sold" does not
3		include candy. For purposes of this Section, "candy" means a
4		preparation of sugar, honey, or other natural or artificial
5		sweeteners in combination with chocolate, fruits, nuts or
6		other ingredients or flavorings in the form of bars, drops, or
7		pieces. "Candy" does not include any preparation that contains
8		flour or requires refrigeration.
9		Notwithstanding any other provisions of this Act,
10		beginning September 1, 2009, "nonprescription medicines and
11		drugs" does not include grooming and hygiene products. For
12		purposes of this Section, "grooming and hygiene products"
13		includes, but is not limited to, soaps and cleaning solutions,
14		shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
15		lotions and screens, unless those products are available by
16		prescription only, regardless of whether the products meet the
17		definition of "over-the-counter-drugs". For the purposes of
18		this paragraph, "over-the-counter-drug" means a drug for human
19		use that contains a label that identifies the product as a drug
20		as required by 21 CFR 201.66. The "over-the-counter-drug"
21		label includes:
22		(A) a "Drug Facts" panel; or
23		(B) a statement of the "active ingredient(s)" with a
24		list of those ingredients contained in the compound,
25		substance or preparation.
26		Beginning on January 1, 2014 (the effective date of Public

SB3222 Enrolled - 242 - LRB104 19119 AAS 32564 b
1		Act 98-122), "prescription and nonprescription medicines and
2		drugs" includes medical cannabis purchased from a registered
3		dispensing organization under the Compassionate Use of Medical
4		Cannabis Program Act.
5		Beginning 90 days after the effective date of this
6		amendatory Act of the 104th General Assembly, "prescription
7		and nonprescription medicines and drugs" includes cannabis or
8		cannabis-infused products purchased by a qualified patient,
9		provisional patient, designated caregiver, or Opioid
10		Alternative Patient Program participant as part of that
11		individual's adequate medical supply from any dispensary that
12		has been issued a Medical Cannabis Dispensing Organization
13		license, as these terms are defined under the Cannabis
14		Regulation and Tax Act.
15		Beginning on the November 12, 2026, "prescription and
16		nonprescription medicines and drugs" does not include a final
17		consumer hemp cannabinoid product as defined in the Illinois
18		Hemp Act.
19		As used in this Section, "adult use cannabis" means
20		cannabis subject to tax under the Cannabis Cultivation
21		Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
22		and does not include cannabis subject to tax under the
23		Compassionate Use of Medical Cannabis Program Act.
24		Beginning 90 days after the effective date of this
25		amendatory Act of the 104th General Assembly, as used in this
26		Section, "adult use cannabis" does not include cannabis or

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1		cannabis-infused products purchased by a qualified patient,
2		provisional patient, designated caregiver, or Opioid
3		Alternative Patient Program participant as part of that
4		individual's adequate medical supply from any dispensary that
5		has been issued a Medical Cannabis Dispensing Organization
6		license.
7		If the property that is acquired from a serviceman is
8		acquired outside Illinois and used outside Illinois before
9		being brought to Illinois for use here and is taxable under
10		this Act, the "selling price" on which the tax is computed
11		shall be reduced by an amount that represents a reasonable
12		allowance for depreciation for the period of prior
13		out-of-state use. No depreciation is allowed in cases where
14		the tax under this Act is imposed on lease receipts.
15		(Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;
16		103-592, eff. 1-1-25; 103-781, eff. 8-5-24; 104-6, eff.
17		6-16-25; 104-417, eff. 8-15-25.)
18		Section 130. The Service Occupation Tax Act is amended by
19		changing Sections 3-5 and 3-10 as follows:
20		(35 ILCS 115/3-5)
21		Sec. 3-5. Exemptions. The following tangible personal
22		property is exempt from the tax imposed by this Act:
23		(1) Personal property sold by a corporation, society,
24		association, foundation, institution, or organization, other

SB3222 Enrolled - 244 - LRB104 19119 AAS 32564 b
1		than a limited liability company, that is organized and
2		operated as a not-for-profit service enterprise for the
3		benefit of persons 65 years of age or older if the personal
4		property was not purchased by the enterprise for the purpose
5		of resale by the enterprise.
6		(2) Personal property purchased by a not-for-profit
7		Illinois county fair association for use in conducting,
8		operating, or promoting the county fair.
9		(3) Personal property purchased by any not-for-profit arts
10		or cultural organization that establishes, by proof required
11		by the Department by rule, that it has received an exemption
12		under Section 501(c)(3) of the Internal Revenue Code and that
13		is organized and operated primarily for the presentation or
14		support of arts or cultural programming, activities, or
15		services. These organizations include, but are not limited to,
16		music and dramatic arts organizations such as symphony
17		orchestras and theatrical groups, arts and cultural service
18		organizations, local arts councils, visual arts organizations,
19		and media arts organizations. On and after July 1, 2001 (the
20		effective date of Public Act 92-35), however, an entity
21		otherwise eligible for this exemption shall not make tax-free
22		purchases unless it has an active identification number issued
23		by the Department.
24		(4) Legal tender, currency, medallions, or gold or silver
25		coinage issued by the State of Illinois, the government of the
26		United States of America, or the government of any foreign

SB3222 Enrolled - 245 - LRB104 19119 AAS 32564 b
1		country, and bullion.
2		(5) Until July 1, 2003 and beginning again on September 1,
3		2004 through August 30, 2014, graphic arts machinery and
4		equipment, including repair and replacement parts, both new
5		and used, and including that manufactured on special order or
6		purchased for lease, certified by the purchaser to be used
7		primarily for graphic arts production. Equipment includes
8		chemicals or chemicals acting as catalysts but only if the
9		chemicals or chemicals acting as catalysts effect a direct and
10		immediate change upon a graphic arts product. Beginning on
11		July 1, 2017, graphic arts machinery and equipment is included
12		in the manufacturing and assembling machinery and equipment
13		exemption under Section 2 of this Act.
14		(6) Personal property sold by a teacher-sponsored student
15		organization affiliated with an elementary or secondary school
16		located in Illinois.
17		(7) Farm machinery and equipment, both new and used,
18		including that manufactured on special order, certified by the
19		purchaser to be used primarily for production agriculture or
20		State or federal agricultural programs, including individual
21		replacement parts for the machinery and equipment, including
22		machinery and equipment purchased for lease, and including
23		implements of husbandry defined in Section 1-130 of the
24		Illinois Vehicle Code, farm machinery and agricultural
25		chemical and fertilizer spreaders, and nurse wagons required
26		to be registered under Section 3-809 of the Illinois Vehicle

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1		Code, but excluding other motor vehicles required to be
2		registered under the Illinois Vehicle Code. Horticultural
3		polyhouses or hoop houses used for propagating, growing, or
4		overwintering plants shall be considered farm machinery and
5		equipment under this item (7). Agricultural chemical tender
6		tanks and dry boxes shall include units sold separately from a
7		motor vehicle required to be licensed and units sold mounted
8		on a motor vehicle required to be licensed if the selling price
9		of the tender is separately stated.
10		Farm machinery and equipment shall include precision
11		farming equipment that is installed or purchased to be
12		installed on farm machinery and equipment, including, but not
13		limited to, tractors, harvesters, sprayers, planters, seeders,
14		or spreaders. Precision farming equipment includes, but is not
15		limited to, soil testing sensors, computers, monitors,
16		software, global positioning and mapping systems, and other
17		such equipment.
18		Farm machinery and equipment also includes computers,
19		sensors, software, and related equipment used primarily in the
20		computer-assisted operation of production agriculture
21		facilities, equipment, and activities such as, but not limited
22		to, the collection, monitoring, and correlation of animal and
23		crop data for the purpose of formulating animal diets and
24		agricultural chemicals.
25		Beginning on January 1, 2024, farm machinery and equipment
26		also includes electrical power generation equipment used

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1		primarily for production agriculture.
2		This item (7) is exempt from the provisions of Section
3		3-55.
4		(8) Until June 30, 2013, fuel and petroleum products sold
5		to or used by an air common carrier, certified by the carrier
6		to be used for consumption, shipment, or storage in the
7		conduct of its business as an air common carrier, for a flight
8		destined for or returning from a location or locations outside
9		the United States without regard to previous or subsequent
10		domestic stopovers.
11		Beginning July 1, 2013, fuel and petroleum products sold
12		to or used by an air carrier, certified by the carrier to be
13		used for consumption, shipment, or storage in the conduct of
14		its business as an air common carrier, for a flight that (i) is
15		engaged in foreign trade or is engaged in trade between the
16		United States and any of its possessions and (ii) transports
17		at least one individual or package for hire from the city of
18		origination to the city of final destination on the same
19		aircraft, without regard to a change in the flight number of
20		that aircraft.
21		(9) Proceeds of mandatory service charges separately
22		stated on customers' bills for the purchase and consumption of
23		food and beverages, to the extent that the proceeds of the
24		service charge are in fact turned over as tips or as a
25		substitute for tips to the employees who participate directly
26		in preparing, serving, hosting or cleaning up the food or

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1		beverage function with respect to which the service charge is
2		imposed.
3		(10) Until July 1, 2003, oil field exploration, drilling,
4		and production equipment, including (i) rigs and parts of
5		rigs, rotary rigs, cable tool rigs, and workover rigs, (ii)
6		pipe and tubular goods, including casing and drill strings,
7		(iii) pumps and pump-jack units, (iv) storage tanks and flow
8		lines, (v) any individual replacement part for oil field
9		exploration, drilling, and production equipment, and (vi)
10		machinery and equipment purchased for lease; but excluding
11		motor vehicles required to be registered under the Illinois
12		Vehicle Code.
13		(11) Photoprocessing machinery and equipment, including
14		repair and replacement parts, both new and used, including
15		that manufactured on special order, certified by the purchaser
16		to be used primarily for photoprocessing, and including
17		photoprocessing machinery and equipment purchased for lease.
18		(12) Until July 1, 2028, coal and aggregate exploration,
19		mining, off-highway hauling, processing, maintenance, and
20		reclamation equipment, including replacement parts and
21		equipment, and including equipment purchased for lease, but
22		excluding motor vehicles required to be registered under the
23		Illinois Vehicle Code. The changes made to this Section by
24		Public Act 97-767 apply on and after July 1, 2003, but no claim
25		for credit or refund is allowed on or after August 16, 2013
26		(the effective date of Public Act 98-456) for such taxes paid

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1		during the period beginning July 1, 2003 and ending on August
2		16, 2013 (the effective date of Public Act 98-456).
3		(13) Beginning January 1, 1992 and through June 30, 2016,
4		food for human consumption that is to be consumed off the
5		premises where it is sold (other than alcoholic beverages,
6		soft drinks and food that has been prepared for immediate
7		consumption) and prescription and non-prescription medicines,
8		drugs, medical appliances, and insulin, urine testing
9		materials, syringes, and needles used by diabetics, for human
10		use, when purchased for use by a person receiving medical
11		assistance under Article V of the Illinois Public Aid Code who
12		resides in a licensed long-term care facility, as defined in
13		the Nursing Home Care Act, or in a licensed facility as defined
14		in the ID/DD Community Care Act, the MC/DD Act, or the
15		Specialized Mental Health Rehabilitation Act of 2013.
16		(14) Semen used for artificial insemination of livestock
17		for direct agricultural production.
18		(15) Horses, or interests in horses, registered with and
19		meeting the requirements of any of the Arabian Horse Club
20		Registry of America, Appaloosa Horse Club, American Quarter
21		Horse Association, United States Trotting Association, or
22		Jockey Club, as appropriate, used for purposes of breeding or
23		racing for prizes. This item (15) is exempt from the
24		provisions of Section 3-55, and the exemption provided for
25		under this item (15) applies for all periods beginning May 30,
26		1995, but no claim for credit or refund is allowed on or after

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1		January 1, 2008 (the effective date of Public Act 95-88) for
2		such taxes paid during the period beginning May 30, 2000 and
3		ending on January 1, 2008 (the effective date of Public Act
4		95-88).
5		(16) Computers and communications equipment utilized for
6		any hospital purpose and equipment used in the diagnosis,
7		analysis, or treatment of hospital patients sold to a lessor
8		who leases the equipment, under a lease of one year or longer
9		executed or in effect at the time of the purchase, to a
10		hospital that has been issued an active tax exemption
11		identification number by the Department under Section 1g of
12		the Retailers' Occupation Tax Act.
13		(17) Personal property sold to a lessor who leases the
14		property, under a lease of one year or longer executed or in
15		effect at the time of the purchase, to a governmental body that
16		has been issued an active tax exemption identification number
17		by the Department under Section 1g of the Retailers'
18		Occupation Tax Act.
19		(18) Beginning with taxable years ending on or after
20		December 31, 1995 and ending with taxable years ending on or
21		before December 31, 2004, personal property that is donated
22		for disaster relief to be used in a State or federally declared
23		disaster area in Illinois or bordering Illinois by a
24		manufacturer or retailer that is registered in this State to a
25		corporation, society, association, foundation, or institution
26		that has been issued a sales tax exemption identification

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1		number by the Department that assists victims of the disaster
2		who reside within the declared disaster area.
3		(19) Beginning with taxable years ending on or after
4		December 31, 1995 and ending with taxable years ending on or
5		before December 31, 2004, personal property that is used in
6		the performance of infrastructure repairs in this State,
7		including, but not limited to, municipal roads and streets,
8		access roads, bridges, sidewalks, waste disposal systems,
9		water and sewer line extensions, water distribution and
10		purification facilities, storm water drainage and retention
11		facilities, and sewage treatment facilities, resulting from a
12		State or federally declared disaster in Illinois or bordering
13		Illinois when such repairs are initiated on facilities located
14		in the declared disaster area within 6 months after the
15		disaster.
16		(20) Beginning July 1, 1999, game or game birds sold at a
17		"game breeding and hunting preserve area" as that term is used
18		in the Wildlife Code. This paragraph is exempt from the
19		provisions of Section 3-55.
20		(21) A motor vehicle, as that term is defined in Section
21		1-146 of the Illinois Vehicle Code, that is donated to a
22		corporation, limited liability company, society, association,
23		foundation, or institution that is determined by the
24		Department to be organized and operated exclusively for
25		educational purposes. For purposes of this exemption, "a
26		corporation, limited liability company, society, association,

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1		foundation, or institution organized and operated exclusively
2		for educational purposes" means all tax-supported public
3		schools, private schools that offer systematic instruction in
4		useful branches of learning by methods common to public
5		schools and that compare favorably in their scope and
6		intensity with the course of study presented in tax-supported
7		schools, and vocational or technical schools or institutes
8		organized and operated exclusively to provide a course of
9		study of not less than 6 weeks duration and designed to prepare
10		individuals to follow a trade or to pursue a manual,
11		technical, mechanical, industrial, business, or commercial
12		occupation.
13		(22) Beginning January 1, 2000, personal property,
14		including food, purchased through fundraising events for the
15		benefit of a public or private elementary or secondary school,
16		a group of those schools, or one or more school districts if
17		the events are sponsored by an entity recognized by the school
18		district that consists primarily of volunteers and includes
19		parents and teachers of the school children. This paragraph
20		does not apply to fundraising events (i) for the benefit of
21		private home instruction or (ii) for which the fundraising
22		entity purchases the personal property sold at the events from
23		another individual or entity that sold the property for the
24		purpose of resale by the fundraising entity and that profits
25		from the sale to the fundraising entity. This paragraph is
26		exempt from the provisions of Section 3-55.

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1		(23) Beginning January 1, 2000 and through December 31,
2		2001, new or used automatic vending machines that prepare and
3		serve hot food and beverages, including coffee, soup, and
4		other items, and replacement parts for these machines.
5		Beginning January 1, 2002 and through June 30, 2003, machines
6		and parts for machines used in commercial, coin-operated
7		amusement and vending business if a use or occupation tax is
8		paid on the gross receipts derived from the use of the
9		commercial, coin-operated amusement and vending machines. This
10		paragraph is exempt from the provisions of Section 3-55.
11		(24) Beginning on August 2, 2001 (the effective date of
12		Public Act 92-227), computers and communications equipment
13		utilized for any hospital purpose and equipment used in the
14		diagnosis, analysis, or treatment of hospital patients sold to
15		a lessor who leases the equipment, under a lease of one year or
16		longer executed or in effect at the time of the purchase, to a
17		hospital that has been issued an active tax exemption
18		identification number by the Department under Section 1g of
19		the Retailers' Occupation Tax Act. This paragraph is exempt
20		from the provisions of Section 3-55.
21		(25) Beginning on August 2, 2001 (the effective date of
22		Public Act 92-227), personal property sold to a lessor who
23		leases the property, under a lease of one year or longer
24		executed or in effect at the time of the purchase, to a
25		governmental body that has been issued an active tax exemption
26		identification number by the Department under Section 1g of

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1		the Retailers' Occupation Tax Act. This paragraph is exempt
2		from the provisions of Section 3-55.
3		(26) Beginning on January 1, 2002 and through June 30,
4		2016, tangible personal property purchased from an Illinois
5		retailer by a taxpayer engaged in centralized purchasing
6		activities in Illinois who will, upon receipt of the property
7		in Illinois, temporarily store the property in Illinois (i)
8		for the purpose of subsequently transporting it outside this
9		State for use or consumption thereafter solely outside this
10		State or (ii) for the purpose of being processed, fabricated,
11		or manufactured into, attached to, or incorporated into other
12		tangible personal property to be transported outside this
13		State and thereafter used or consumed solely outside this
14		State. The Director of Revenue shall, pursuant to rules
15		adopted in accordance with the Illinois Administrative
16		Procedure Act, issue a permit to any taxpayer in good standing
17		with the Department who is eligible for the exemption under
18		this paragraph (26). The permit issued under this paragraph
19		(26) shall authorize the holder, to the extent and in the
20		manner specified in the rules adopted under this Act, to
21		purchase tangible personal property from a retailer exempt
22		from the taxes imposed by this Act. Taxpayers shall maintain
23		all necessary books and records to substantiate the use and
24		consumption of all such tangible personal property outside of
25		the State of Illinois.
26		(27) Beginning January 1, 2008, tangible personal property

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1		used in the construction or maintenance of a community water
2		supply, as defined under Section 3.145 of the Environmental
3		Protection Act, that is operated by a not-for-profit
4		corporation that holds a valid water supply permit issued
5		under Title IV of the Environmental Protection Act. This
6		paragraph is exempt from the provisions of Section 3-55.
7		(28) Tangible personal property sold to a
8		public-facilities corporation, as described in Section
9		11-65-10 of the Illinois Municipal Code, for purposes of
10		constructing or furnishing a municipal convention hall, but
11		only if the legal title to the municipal convention hall is
12		transferred to the municipality without any further
13		consideration by or on behalf of the municipality at the time
14		of the completion of the municipal convention hall or upon the
15		retirement or redemption of any bonds or other debt
16		instruments issued by the public-facilities corporation in
17		connection with the development of the municipal convention
18		hall. This exemption includes existing public-facilities
19		corporations as provided in Section 11-65-25 of the Illinois
20		Municipal Code. This paragraph is exempt from the provisions
21		of Section 3-55.
22		(29) Beginning January 1, 2010 and continuing through
23		December 31, 2029, materials, parts, equipment, components,
24		and furnishings incorporated into or upon an aircraft as part
25		of the modification, refurbishment, completion, replacement,
26		repair, or maintenance of the aircraft. This exemption

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1		includes consumable supplies used in the modification,
2		refurbishment, completion, replacement, repair, and
3		maintenance of aircraft. However, until January 1, 2024, this
4		exemption excludes any materials, parts, equipment,
5		components, and consumable supplies used in the modification,
6		replacement, repair, and maintenance of aircraft engines or
7		power plants, whether such engines or power plants are
8		installed or uninstalled upon any such aircraft. "Consumable
9		supplies" include, but are not limited to, adhesive, tape,
10		sandpaper, general purpose lubricants, cleaning solution,
11		latex gloves, and protective films.
12		Beginning January 1, 2010 and continuing through December
13		31, 2023, this exemption applies only to the transfer of
14		qualifying tangible personal property incident to the
15		modification, refurbishment, completion, replacement, repair,
16		or maintenance of an aircraft by persons who (i) hold an Air
17		Agency Certificate and are empowered to operate an approved
18		repair station by the Federal Aviation Administration, (ii)
19		have a Class IV Rating, and (iii) conduct operations in
20		accordance with Part 145 of the Federal Aviation Regulations.
21		The exemption does not include aircraft operated by a
22		commercial air carrier providing scheduled passenger air
23		service pursuant to authority issued under Part 121 or Part
24		129 of the Federal Aviation Regulations. From January 1, 2024
25		through December 31, 2029, this exemption applies only to the
26		transfer of qualifying tangible personal property incident to:

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1		(A) the modification, refurbishment, completion, repair,
2		replacement, or maintenance of an aircraft by persons who (i)
3		hold an Air Agency Certificate and are empowered to operate an
4		approved repair station by the Federal Aviation
5		Administration, (ii) have a Class IV Rating, and (iii) conduct
6		operations in accordance with Part 145 of the Federal Aviation
7		Regulations; and (B) the modification, replacement, repair,
8		and maintenance of aircraft engines or power plants without
9		regard to whether or not those persons meet the qualifications
10		of item (A).
11		The changes made to this paragraph (29) by Public Act
12		98-534 are declarative of existing law. It is the intent of the
13		General Assembly that the exemption under this paragraph (29)
14		applies continuously from January 1, 2010 through December 31,
15		2024; however, no claim for credit or refund is allowed for
16		taxes paid as a result of the disallowance of this exemption on
17		or after January 1, 2015 and prior to February 5, 2020 (the
18		effective date of Public Act 101-629).
19		(30) Beginning January 1, 2017 and through December 31,
20		2026, menstrual pads, tampons, and menstrual cups.
21		(31) Tangible personal property transferred to a purchaser
22		who is exempt from tax by operation of federal law. This
23		paragraph is exempt from the provisions of Section 3-55.
24		(32) Qualified tangible personal property used in the
25		construction or operation of a data center that has been
26		granted a certificate of exemption by the Department of

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1		Commerce and Economic Opportunity, whether that tangible
2		personal property is purchased by the owner, operator, or
3		tenant of the data center or by a contractor or subcontractor
4		of the owner, operator, or tenant. Data centers that would
5		have qualified for a certificate of exemption prior to January
6		1, 2020 had Public Act 101-31 been in effect, may apply for and
7		obtain an exemption for subsequent purchases of computer
8		equipment or enabling software purchased or leased to upgrade,
9		supplement, or replace computer equipment or enabling software
10		purchased or leased in the original investment that would have
11		qualified.
12		The Department of Commerce and Economic Opportunity shall
13		grant a certificate of exemption under this item (32) to
14		qualified data centers as defined by Section 605-1025 of the
15		Department of Commerce and Economic Opportunity Law of the
16		Civil Administrative Code of Illinois.
17		For the purposes of this item (32):
18		"Data center" means a building or a series of
19		buildings rehabilitated or constructed to house working
20		servers in one physical location or multiple sites within
21		the State of Illinois.
22		"Qualified tangible personal property" means:
23		electrical systems and equipment; climate control and
24		chilling equipment and systems; mechanical systems and
25		equipment; monitoring and secure systems; emergency
26		generators; hardware; computers; servers; data storage

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1		devices; network connectivity equipment; racks; cabinets;
2		telecommunications cabling infrastructure; raised floor
3		systems; peripheral components or systems; software;
4		mechanical, electrical, or plumbing systems; battery
5		systems; cooling systems and towers; temperature control
6		systems; other cabling; and other data center
7		infrastructure equipment and systems necessary to operate
8		qualified tangible personal property, including fixtures;
9		and component parts of any of the foregoing, including
10		installation, maintenance, repair, refurbishment, and
11		replacement of qualified tangible personal property to
12		generate, transform, transmit, distribute, or manage
13		electricity necessary to operate qualified tangible
14		personal property; and all other tangible personal
15		property that is essential to the operations of a computer
16		data center. The term "qualified tangible personal
17		property" also includes building materials physically
18		incorporated into the qualifying data center. To document
19		the exemption allowed under this Section, the retailer
20		must obtain from the purchaser a copy of the certificate
21		of eligibility issued by the Department of Commerce and
22		Economic Opportunity.
23		This item (32) is exempt from the provisions of Section
24		3-55.
25		(33) Beginning July 1, 2022, breast pumps, breast pump
26		collection and storage supplies, and breast pump kits. This

SB3222 Enrolled - 260 - LRB104 19119 AAS 32564 b
1		item (33) is exempt from the provisions of Section 3-55. As
2		used in this item (33):
3		"Breast pump" means an electrically controlled or
4		manually controlled pump device designed or marketed to be
5		used to express milk from a human breast during lactation,
6		including the pump device and any battery, AC adapter, or
7		other power supply unit that is used to power the pump
8		device and is packaged and sold with the pump device at the
9		time of sale.
10		"Breast pump collection and storage supplies" means
11		items of tangible personal property designed or marketed
12		to be used in conjunction with a breast pump to collect
13		milk expressed from a human breast and to store collected
14		milk until it is ready for consumption.
15		"Breast pump collection and storage supplies"
16		includes, but is not limited to: breast shields and breast
17		shield connectors; breast pump tubes and tubing adapters;
18		breast pump valves and membranes; backflow protectors and
19		backflow protector adaptors; bottles and bottle caps
20		specific to the operation of the breast pump; and breast
21		milk storage bags.
22		"Breast pump collection and storage supplies" does not
23		include: (1) bottles and bottle caps not specific to the
24		operation of the breast pump; (2) breast pump travel bags
25		and other similar carrying accessories, including ice
26		packs, labels, and other similar products; (3) breast pump

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1		cleaning supplies; (4) nursing bras, bra pads, breast
2		shells, and other similar products; and (5) creams,
3		ointments, and other similar products that relieve
4		breastfeeding-related symptoms or conditions of the
5		breasts or nipples, unless sold as part of a breast pump
6		kit that is pre-packaged by the breast pump manufacturer
7		or distributor.
8		"Breast pump kit" means a kit that: (1) contains no
9		more than a breast pump, breast pump collection and
10		storage supplies, a rechargeable battery for operating the
11		breast pump, a breastmilk cooler, bottle stands, ice
12		packs, and a breast pump carrying case; and (2) is
13		pre-packaged as a breast pump kit by the breast pump
14		manufacturer or distributor.
15		(34) Tangible personal property sold by or on behalf of
16		the State Treasurer pursuant to the Revised Uniform Unclaimed
17		Property Act. This item (34) is exempt from the provisions of
18		Section 3-55.
19		(35) Beginning on January 1, 2024, tangible personal
20		property purchased by an active duty member of the armed
21		forces of the United States who presents valid military
22		identification and purchases the property using a form of
23		payment where the federal government is the payor. The member
24		of the armed forces must complete, at the point of sale, a form
25		prescribed by the Department of Revenue documenting that the
26		transaction is eligible for the exemption under this

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1		paragraph. Retailers must keep the form as documentation of
2		the exemption in their records for a period of not less than 6
3		years. "Armed forces of the United States" means the United
4		States Army, Navy, Air Force, Space Force, Marine Corps, or
5		Coast Guard. This paragraph is exempt from the provisions of
6		Section 3-55.
7		(36) Beginning July 1, 2024, home-delivered meals provided
8		to Medicare or Medicaid recipients when payment is made by an
9		intermediary, such as a Medicare Administrative Contractor, a
10		Managed Care Organization, or a Medicare Advantage
11		Organization, pursuant to a government contract. This
12		paragraph (36) is exempt from the provisions of Section 3-55.
13		(37) Beginning on January 1, 2026, as further defined in
14		Section 3-10, food prepared for immediate consumption and
15		transferred incident to a sale of service subject to this Act
16		or the Service Use Tax Act by an entity licensed under the
17		Hospital Licensing Act, the Nursing Home Care Act, the
18		Assisted Living and Shared Housing Act, the ID/DD Community
19		Care Act, the MC/DD Act, the Specialized Mental Health
20		Rehabilitation Act of 2013, or the Child Care Act of 1969 or by
21		an entity that holds a permit issued pursuant to the Life Care
22		Facilities Act. This item (37) is exempt from the provisions
23		of Section 3-55.
24		(38) Beginning on January 1, 2026, as further defined in
25		Section 3-10, food for human consumption that is to be
26		consumed off the premises where it is sold (other than

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1		alcoholic beverages, food consisting of or infused with adult
2		use cannabis, soft drinks, candy, and food that has been
3		prepared for immediate consumption, and, beginning on November
4		12, 2026, food that is a final consumer hemp cannabinoid
5		product as defined in the Illinois Hemp Act). This item (38) is
6		exempt from the provisions of Section 3-55.
7		(39) The lease of the following tangible personal
8		property:
9		(1) computer software transferred subject to a license
10		that meets the following requirements:
11		(A) it is evidenced by a written agreement signed
12		by the licensor and the customer;
13		(i) an electronic agreement in which the
14		customer accepts the license by means of an
15		electronic signature that is verifiable and can be
16		authenticated and is attached to or made part of
17		the license will comply with this requirement;
18		(ii) a license agreement in which the customer
19		electronically accepts the terms by clicking "I
20		agree" does not comply with this requirement;
21		(B) it restricts the customer's duplication and
22		use of the software;
23		(C) it prohibits the customer from licensing,
24		sublicensing, or transferring the software to a third
25		party (except to a related party) without the
26		permission and continued control of the licensor;

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1		(D) the licensor has a policy of providing another
2		copy at minimal or no charge if the customer loses or
3		damages the software, or of permitting the licensee to
4		make and keep an archival copy, and such policy is
5		either stated in the license agreement, supported by
6		the licensor's books and records, or supported by a
7		notarized statement made under penalties of perjury by
8		the licensor; and
9		(E) the customer must destroy or return all copies
10		of the software to the licensor at the end of the
11		license period; this provision is deemed to be met, in
12		the case of a perpetual license, without being set
13		forth in the license agreement; and
14		(2) property that is subject to a tax on lease
15		receipts imposed by a home rule unit of local government
16		if the ordinance imposing that tax was adopted prior to
17		January 1, 2023.
18		(Source: P.A. 103-9, Article 5, Section 5-15, eff. 6-7-23;
19		103-9, Article 15, Section 15-15, eff. 6-7-23; 103-154, eff.
20		6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605,
21		eff. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25;
22		103-781, eff. 8-5-24; 103-995, eff. 8-9-24; 104-417, eff.
23		8-15-25.)
24		(35 ILCS 115/3-10)
25		Sec. 3-10. Rate of tax. Unless otherwise provided in this

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1		Section, the tax imposed by this Act is at the rate of 6.25% of
2		the "selling price", as defined in Section 2 of the Service Use
3		Tax Act, of the tangible personal property, including, on and
4		after January 1, 2025, tangible personal property transferred
5		by lease. For the purpose of computing this tax, in no event
6		shall the "selling price" be less than the cost price to the
7		serviceman of the tangible personal property transferred. The
8		selling price of each item of tangible personal property
9		transferred as an incident of a sale of service may be shown as
10		a distinct and separate item on the serviceman's billing to
11		the service customer. If the selling price is not so shown, the
12		selling price of the tangible personal property is deemed to
13		be 50% of the serviceman's entire billing to the service
14		customer. When, however, a serviceman contracts to design,
15		develop, and produce special order machinery or equipment, the
16		tax imposed by this Act shall be based on the serviceman's cost
17		price of the tangible personal property transferred incident
18		to the completion of the contract.
19		Beginning on July 1, 2000 and through December 31, 2000,
20		with respect to motor fuel, as defined in Section 1.1 of the
21		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
22		the Use Tax Act, the tax is imposed at the rate of 1.25%.
23		With respect to gasohol, as defined in the Use Tax Act, the
24		tax imposed by this Act shall apply to (i) 70% of the cost
25		price of property transferred as an incident to the sale of
26		service on or after January 1, 1990, and before July 1, 2003,

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1		(ii) 80% of the selling price of property transferred as an
2		incident to the sale of service on or after July 1, 2003 and on
3		or before July 1, 2017, (iii) 100% of the selling price of
4		property transferred as an incident to the sale of service
5		after July 1, 2017 and prior to January 1, 2024, (iv) 90% of
6		the selling price of property transferred as an incident to
7		the sale of service on or after January 1, 2024 and on or
8		before December 31, 2028, and (v) 100% of the selling price of
9		property transferred as an incident to the sale of service
10		after December 31, 2028. If, at any time, however, the tax
11		under this Act on sales of gasohol, as defined in the Use Tax
12		Act, is imposed at the rate of 1.25%, then the tax imposed by
13		this Act applies to 100% of the proceeds of sales of gasohol
14		made during that time.
15		With respect to mid-range ethanol blends, as defined in
16		Section 3-44.3 of the Use Tax Act, the tax imposed by this Act
17		applies to (i) 80% of the selling price of property
18		transferred as an incident to the sale of service on or after
19		January 1, 2024 and on or before December 31, 2028 and (ii)
20		100% of the selling price of property transferred as an
21		incident to the sale of service after December 31, 2028. If, at
22		any time, however, the tax under this Act on sales of mid-range
23		ethanol blends is imposed at the rate of 1.25%, then the tax
24		imposed by this Act applies to 100% of the selling price of
25		mid-range ethanol blends transferred as an incident to the
26		sale of service during that time.

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1		With respect to majority blended ethanol fuel, as defined
2		in the Use Tax Act, the tax imposed by this Act does not apply
3		to the selling price of property transferred as an incident to
4		the sale of service on or after July 1, 2003 and on or before
5		December 31, 2028 but applies to 100% of the selling price
6		thereafter.
7		With respect to biodiesel blends, as defined in the Use
8		Tax Act, with no less than 1% and no more than 10% biodiesel,
9		the tax imposed by this Act applies to (i) 80% of the selling
10		price of property transferred as an incident to the sale of
11		service on or after July 1, 2003 and on or before December 31,
12		2018 and (ii) 100% of the proceeds of the selling price after
13		December 31, 2018 and before January 1, 2024. On and after
14		January 1, 2024 and on or before December 31, 2030, the
15		taxation of biodiesel, renewable diesel, and biodiesel blends
16		shall be as provided in Section 3-5.1 of the Use Tax Act. If,
17		at any time, however, the tax under this Act on sales of
18		biodiesel blends, as defined in the Use Tax Act, with no less
19		than 1% and no more than 10% biodiesel is imposed at the rate
20		of 1.25%, then the tax imposed by this Act applies to 100% of
21		the proceeds of sales of biodiesel blends with no less than 1%
22		and no more than 10% biodiesel made during that time.
23		With respect to biodiesel, as defined in the Use Tax Act,
24		and biodiesel blends, as defined in the Use Tax Act, with more
25		than 10% but no more than 99% biodiesel material, the tax
26		imposed by this Act does not apply to the proceeds of the

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1		selling price of property transferred as an incident to the
2		sale of service on or after July 1, 2003 and on or before
3		December 31, 2023. On and after January 1, 2024 and on or
4		before December 31, 2030, the taxation of biodiesel, renewable
5		diesel, and biodiesel blends shall be as provided in Section
6		3-5.1 of the Use Tax Act.
7		At the election of any registered serviceman made for each
8		fiscal year, for whom the aggregate annual cost price of
9		tangible personal property transferred as an incident to the
10		sales of service is less than 35%, or 75% in the case of
11		servicemen transferring prescription drugs or servicemen
12		engaged in graphic arts production, of the aggregate annual
13		total gross receipts from all sales of service, the tax
14		imposed by this Act shall be based on the serviceman's cost
15		price of the tangible personal property transferred incident
16		to the sale of those services. This election may also be made
17		by a serviceman maintaining a place of business in this State
18		who makes retail sales from outside of this State to Illinois
19		customers but is not required to be registered under Section
20		2a of the Retailers' Occupation Tax Act. Beginning January 1,
21		2026, this election shall not apply to any sale of service made
22		through a marketplace that has met the threshold in subsection
23		(d) of Section 3 of this Act.
24		Beginning January 1, 2026, the tax shall be imposed at the
25		rate of 6.25% of 50% of the entire billing to the service
26		customer for all sales of service made through a marketplace

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1		that has met the threshold in subsection (d) of Section 3 of
2		this Act. In no event shall 50% of the entire billing be less
3		than the cost price of the property to the marketplace
4		serviceman or the marketplace facilitator on its own sales of
5		service.
6		Until July 1, 2022 and from July 1, 2023 through December
7		31, 2025, the tax shall be imposed at the rate of 1% on food
8		prepared for immediate consumption and transferred incident to
9		a sale of service subject to this Act or the Service Use Tax
10		Act by an entity licensed under the Hospital Licensing Act,
11		the Nursing Home Care Act, the Assisted Living and Shared
12		Housing Act, the ID/DD Community Care Act, the MC/DD Act, the
13		Specialized Mental Health Rehabilitation Act of 2013, or the
14		Child Care Act of 1969, or an entity that holds a permit issued
15		pursuant to the Life Care Facilities Act. Until July 1, 2022
16		and from July 1, 2023 through December 31, 2025, the tax shall
17		also be imposed at the rate of 1% on food for human consumption
18		that is to be consumed off the premises where it is sold (other
19		than alcoholic beverages, food consisting of or infused with
20		adult use cannabis, soft drinks, and food that has been
21		prepared for immediate consumption and is not otherwise
22		included in this paragraph).
23		Beginning on July 1, 2022 and until July 1, 2023, the tax
24		shall be imposed at the rate of 0% on food prepared for
25		immediate consumption and transferred incident to a sale of
26		service subject to this Act or the Service Use Tax Act by an

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1		entity licensed under the Hospital Licensing Act, the Nursing
2		Home Care Act, the Assisted Living and Shared Housing Act, the
3		ID/DD Community Care Act, the MC/DD Act, the Specialized
4		Mental Health Rehabilitation Act of 2013, or the Child Care
5		Act of 1969, or an entity that holds a permit issued pursuant
6		to the Life Care Facilities Act. Beginning July 1, 2022 and
7		until July 1, 2023, the tax shall also be imposed at the rate
8		of 0% on food for human consumption that is to be consumed off
9		the premises where it is sold (other than alcoholic beverages,
10		food consisting of or infused with adult use cannabis, soft
11		drinks, and food that has been prepared for immediate
12		consumption and is not otherwise included in this paragraph).
13		On and after January 1, 2026, food prepared for immediate
14		consumption and transferred incident to a sale of service
15		subject to this Act or the Service Use Tax Act by an entity
16		licensed under the Hospital Licensing Act, the Nursing Home
17		Care Act, the Assisted Living and Shared Housing Act, the
18		ID/DD Community Care Act, the MC/DD Act, the Specialized
19		Mental Health Rehabilitation Act of 2013, or the Child Care
20		Act of 1969, or an entity that holds a permit issued pursuant
21		to the Life Care Facilities Act is exempt from the tax imposed
22		by this Act. On and after January 1, 2026, food for human
23		consumption that is to be consumed off the premises where it is
24		sold (other than alcoholic beverages, food consisting of or
25		infused with adult use cannabis, soft drinks, candy, and food
26		that has been prepared for immediate consumption and is not

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1		otherwise included in this paragraph, and, beginning on
2		November 12, 2026, food that is a "final consumer hemp
3		cannabinoid product" as defined in Illinois Hemp Act) is
4		exempt from the tax imposed by this Act.
5		The tax shall be imposed at the rate of 1% on prescription
6		and nonprescription medicines, drugs, medical appliances,
7		products classified as Class III medical devices by the United
8		States Food and Drug Administration that are used for cancer
9		treatment pursuant to a prescription, as well as any
10		accessories and components related to those devices,
11		modifications to a motor vehicle for the purpose of rendering
12		it usable by a person with a disability, and insulin, blood
13		sugar testing materials, syringes, and needles used by human
14		diabetics. For the purposes of this Section, until September
15		1, 2009: the term "soft drinks" means any complete, finished,
16		ready-to-use, non-alcoholic drink, whether carbonated or not,
17		including, but not limited to, soda water, cola, fruit juice,
18		vegetable juice, carbonated water, and all other preparations
19		commonly known as soft drinks of whatever kind or description
20		that are contained in any closed or sealed can, carton, or
21		container, regardless of size; but "soft drinks" does not
22		include coffee, tea, non-carbonated water, infant formula,
23		milk or milk products as defined in the Grade A Pasteurized
24		Milk and Milk Products Act, or drinks containing 50% or more
25		natural fruit or vegetable juice.
26		Notwithstanding any other provisions of this Act,

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1		beginning September 1, 2009, "soft drinks" means non-alcoholic
2		beverages that contain natural or artificial sweeteners. "Soft
3		drinks" does not include beverages that contain milk or milk
4		products, soy, rice or similar milk substitutes, or greater
5		than 50% of vegetable or fruit juice by volume.
6		Until August 1, 2009, and notwithstanding any other
7		provisions of this Act, "food for human consumption that is to
8		be consumed off the premises where it is sold" includes all
9		food sold through a vending machine, except soft drinks and
10		food products that are dispensed hot from a vending machine,
11		regardless of the location of the vending machine. Beginning
12		August 1, 2009, and notwithstanding any other provisions of
13		this Act, "food for human consumption that is to be consumed
14		off the premises where it is sold" includes all food sold
15		through a vending machine, except soft drinks, candy, and food
16		products that are dispensed hot from a vending machine,
17		regardless of the location of the vending machine.
18		Notwithstanding any other provisions of this Act,
19		beginning September 1, 2009, "food for human consumption that
20		is to be consumed off the premises where it is sold" does not
21		include candy. For purposes of this Section, "candy" means a
22		preparation of sugar, honey, or other natural or artificial
23		sweeteners in combination with chocolate, fruits, nuts or
24		other ingredients or flavorings in the form of bars, drops, or
25		pieces. "Candy" does not include any preparation that contains
26		flour or requires refrigeration.

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1		Notwithstanding any other provisions of this Act,
2		beginning September 1, 2009, "nonprescription medicines and
3		drugs" does not include grooming and hygiene products. For
4		purposes of this Section, "grooming and hygiene products"
5		includes, but is not limited to, soaps and cleaning solutions,
6		shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
7		lotions and screens, unless those products are available by
8		prescription only, regardless of whether the products meet the
9		definition of "over-the-counter-drugs". For the purposes of
10		this paragraph, "over-the-counter-drug" means a drug for human
11		use that contains a label that identifies the product as a drug
12		as required by 21 CFR 201.66. The "over-the-counter-drug"
13		label includes:
14		(A) a "Drug Facts" panel; or
15		(B) a statement of the "active ingredient(s)" with a
16		list of those ingredients contained in the compound,
17		substance or preparation.
18		Beginning on January 1, 2014 (the effective date of Public
19		Act 98-122), "prescription and nonprescription medicines and
20		drugs" includes medical cannabis purchased from a registered
21		dispensing organization under the Compassionate Use of Medical
22		Cannabis Program Act.
23		Beginning 90 days after the effective date of this
24		amendatory Act of the 104th General Assembly, "prescription
25		and nonprescription medicines and drugs" includes cannabis or
26		cannabis-infused products purchased by a qualified patient,

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1		provisional patient, designated caregiver, or Opioid
2		Alternative Patient Program participant as part of that
3		individual's adequate medical supply from any dispensary that
4		has been issued a Medical Cannabis Dispensing Organization
5		license, as these terms are defined under the Cannabis
6		Regulation and Tax Act.
7		Beginning on November 12, 2026, "prescription and
8		nonprescription medicines and drugs" does not include a final
9		consumer hemp cannabinoid product as defined in the Illinois
10		Hemp Act.
11		As used in this Section, "adult use cannabis" means
12		cannabis subject to tax under the Cannabis Cultivation
13		Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
14		and does not include cannabis subject to tax under the
15		Compassionate Use of Medical Cannabis Program Act.
16		Beginning 90 days after the effective date of this
17		amendatory Act of the 104th General Assembly, as used in this
18		Section, "adult use cannabis" does not include cannabis or
19		cannabis-infused products purchased by a qualified patient,
20		provisional patient, designated caregiver, or Opioid
21		Alternative Patient Program participant as part of that
22		individual's adequate medical supply from any dispensary that
23		has been issued a Medical Cannabis Dispensing Organization
24		license.
25		(Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;
26		103-592, eff. 1-1-25; 103-781, eff. 8-5-24; 104-6, eff.

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1		6-16-25; 104-417, eff. 8-15-25.)
2		Section 140. The Retailers' Occupation Tax Act is amended
3		by changing Sections 2-5, 2-10, and 11 as follows:
4		(35 ILCS 120/2-5)
5		Sec. 2-5. Exemptions. Gross receipts from proceeds from
6		the sale, which, on and after January 1, 2025, includes the
7		lease, of the following tangible personal property are exempt
8		from the tax imposed by this Act:
9		(1) Farm chemicals.
10		(2) Farm machinery and equipment, both new and used,
11		including that manufactured on special order, certified by
12		the purchaser to be used primarily for production
13		agriculture or State or federal agricultural programs,
14		including individual replacement parts for the machinery
15		and equipment, including machinery and equipment purchased
16		for lease, and including implements of husbandry defined
17		in Section 1-130 of the Illinois Vehicle Code, farm
18		machinery and agricultural chemical and fertilizer
19		spreaders, and nurse wagons required to be registered
20		under Section 3-809 of the Illinois Vehicle Code, but
21		excluding other motor vehicles required to be registered
22		under the Illinois Vehicle Code. Horticultural polyhouses
23		or hoop houses used for propagating, growing, or
24		overwintering plants shall be considered farm machinery

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1		and equipment under this item (2). Agricultural chemical
2		tender tanks and dry boxes shall include units sold
3		separately from a motor vehicle required to be licensed
4		and units sold mounted on a motor vehicle required to be
5		licensed, if the selling price of the tender is separately
6		stated.
7		Farm machinery and equipment shall include precision
8		farming equipment that is installed or purchased to be
9		installed on farm machinery and equipment including, but
10		not limited to, tractors, harvesters, sprayers, planters,
11		seeders, or spreaders. Precision farming equipment
12		includes, but is not limited to, soil testing sensors,
13		computers, monitors, software, global positioning and
14		mapping systems, and other such equipment.
15		Farm machinery and equipment also includes computers,
16		sensors, software, and related equipment used primarily in
17		the computer-assisted operation of production agriculture
18		facilities, equipment, and activities such as, but not
19		limited to, the collection, monitoring, and correlation of
20		animal and crop data for the purpose of formulating animal
21		diets and agricultural chemicals.
22		Beginning on January 1, 2024, farm machinery and
23		equipment also includes electrical power generation
24		equipment used primarily for production agriculture.
25		This item (2) is exempt from the provisions of Section
26		2-70.

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1		(3) Until July 1, 2003, distillation machinery and
2		equipment, sold as a unit or kit, assembled or installed
3		by the retailer, certified by the user to be used only for
4		the production of ethyl alcohol that will be used for
5		consumption as motor fuel or as a component of motor fuel
6		for the personal use of the user, and not subject to sale
7		or resale.
8		(4) Until July 1, 2003 and beginning again September
9		1, 2004 through August 30, 2014, graphic arts machinery
10		and equipment, including repair and replacement parts,
11		both new and used, and including that manufactured on
12		special order or purchased for lease, certified by the
13		purchaser to be used primarily for graphic arts
14		production. Equipment includes chemicals or chemicals
15		acting as catalysts but only if the chemicals or chemicals
16		acting as catalysts effect a direct and immediate change
17		upon a graphic arts product. Beginning on July 1, 2017,
18		graphic arts machinery and equipment is included in the
19		manufacturing and assembling machinery and equipment
20		exemption under paragraph (14).
21		(5) A motor vehicle that is used for automobile
22		renting, as defined in the Automobile Renting Occupation
23		and Use Tax Act. This paragraph is exempt from the
24		provisions of Section 2-70.
25		(6) Personal property sold by a teacher-sponsored
26		student organization affiliated with an elementary or

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1		secondary school located in Illinois.
2		(7) Until July 1, 2003, proceeds of that portion of
3		the selling price of a passenger car the sale of which is
4		subject to the Replacement Vehicle Tax.
5		(8) Personal property sold to an Illinois county fair
6		association for use in conducting, operating, or promoting
7		the county fair.
8		(9) Personal property sold to a not-for-profit arts or
9		cultural organization that establishes, by proof required
10		by the Department by rule, that it has received an
11		exemption under Section 501(c)(3) of the Internal Revenue
12		Code and that is organized and operated primarily for the
13		presentation or support of arts or cultural programming,
14		activities, or services. These organizations include, but
15		are not limited to, music and dramatic arts organizations
16		such as symphony orchestras and theatrical groups, arts
17		and cultural service organizations, local arts councils,
18		visual arts organizations, and media arts organizations.
19		On and after July 1, 2001 (the effective date of Public Act
20		92-35), however, an entity otherwise eligible for this
21		exemption shall not make tax-free purchases unless it has
22		an active identification number issued by the Department.
23		(10) Personal property sold by a corporation, society,
24		association, foundation, institution, or organization,
25		other than a limited liability company, that is organized
26		and operated as a not-for-profit service enterprise for

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1		the benefit of persons 65 years of age or older if the
2		personal property was not purchased by the enterprise for
3		the purpose of resale by the enterprise.
4		(11) Except as otherwise provided in this Section,
5		personal property sold to a governmental body, to a
6		corporation, society, association, foundation, or
7		institution organized and operated exclusively for
8		charitable, religious, or educational purposes, or to a
9		not-for-profit corporation, society, association,
10		foundation, institution, or organization that has no
11		compensated officers or employees and that is organized
12		and operated primarily for the recreation of persons 55
13		years of age or older. A limited liability company may
14		qualify for the exemption under this paragraph only if the
15		limited liability company is organized and operated
16		exclusively for educational purposes. On and after July 1,
17		1987, however, no entity otherwise eligible for this
18		exemption shall make tax-free purchases unless it has an
19		active identification number issued by the Department.
20		(12) (Blank).
21		(12-5) On and after July 1, 2003 and through June 30,
22		2004, motor vehicles of the second division with a gross
23		vehicle weight in excess of 8,000 pounds that are subject
24		to the commercial distribution fee imposed under Section
25		3-815.1 of the Illinois Vehicle Code. Beginning on July 1,
26		2004 and through June 30, 2005, the use in this State of

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1		motor vehicles of the second division: (i) with a gross
2		vehicle weight rating in excess of 8,000 pounds; (ii) that
3		are subject to the commercial distribution fee imposed
4		under Section 3-815.1 of the Illinois Vehicle Code; and
5		(iii) that are primarily used for commercial purposes.
6		Through June 30, 2005, this exemption applies to repair
7		and replacement parts added after the initial purchase of
8		such a motor vehicle if that motor vehicle is used in a
9		manner that would qualify for the rolling stock exemption
10		otherwise provided for in this Act. For purposes of this
11		paragraph, "used for commercial purposes" means the
12		transportation of persons or property in furtherance of
13		any commercial or industrial enterprise whether for-hire
14		or not.
15		(13) Proceeds from sales to owners or lessors,
16		lessees, or shippers of tangible personal property that is
17		utilized by interstate carriers for hire for use as
18		rolling stock moving in interstate commerce and equipment
19		operated by a telecommunications provider, licensed as a
20		common carrier by the Federal Communications Commission,
21		which is permanently installed in or affixed to aircraft
22		moving in interstate commerce.
23		(14) Machinery and equipment that will be used by the
24		purchaser, or a lessee of the purchaser, primarily in the
25		process of manufacturing or assembling tangible personal
26		property for wholesale or retail sale or lease, whether

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1		the sale or lease is made directly by the manufacturer or
2		by some other person, whether the materials used in the
3		process are owned by the manufacturer or some other
4		person, or whether the sale or lease is made apart from or
5		as an incident to the seller's engaging in the service
6		occupation of producing machines, tools, dies, jigs,
7		patterns, gauges, or other similar items of no commercial
8		value on special order for a particular purchaser. The
9		exemption provided by this paragraph (14) does not include
10		machinery and equipment used in (i) the generation of
11		electricity for wholesale or retail sale; (ii) the
12		generation or treatment of natural or artificial gas for
13		wholesale or retail sale that is delivered to customers
14		through pipes, pipelines, or mains; or (iii) the treatment
15		of water for wholesale or retail sale that is delivered to
16		customers through pipes, pipelines, or mains. The
17		provisions of Public Act 98-583 are declaratory of
18		existing law as to the meaning and scope of this
19		exemption. Beginning on July 1, 2017, the exemption
20		provided by this paragraph (14) includes, but is not
21		limited to, graphic arts machinery and equipment, as
22		defined in paragraph (4) of this Section.
23		(15) Proceeds of mandatory service charges separately
24		stated on customers' bills for purchase and consumption of
25		food and beverages, to the extent that the proceeds of the
26		service charge are in fact turned over as tips or as a

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1		substitute for tips to the employees who participate
2		directly in preparing, serving, hosting or cleaning up the
3		food or beverage function with respect to which the
4		service charge is imposed.
5		(16) Tangible personal property sold to a purchaser if
6		the purchaser is exempt from use tax by operation of
7		federal law. This paragraph is exempt from the provisions
8		of Section 2-70.
9		(17) Tangible personal property sold to a common
10		carrier by rail or motor that receives the physical
11		possession of the property in Illinois and that transports
12		the property, or shares with another common carrier in the
13		transportation of the property, out of Illinois on a
14		standard uniform bill of lading showing the seller of the
15		property as the shipper or consignor of the property to a
16		destination outside Illinois, for use outside Illinois.
17		(18) Legal tender, currency, medallions, or gold or
18		silver coinage issued by the State of Illinois, the
19		government of the United States of America, or the
20		government of any foreign country, and bullion.
21		(19) Until July 1, 2003, oil field exploration,
22		drilling, and production equipment, including (i) rigs and
23		parts of rigs, rotary rigs, cable tool rigs, and workover
24		rigs, (ii) pipe and tubular goods, including casing and
25		drill strings, (iii) pumps and pump-jack units, (iv)
26		storage tanks and flow lines, (v) any individual

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1		replacement part for oil field exploration, drilling, and
2		production equipment, and (vi) machinery and equipment
3		purchased for lease; but excluding motor vehicles required
4		to be registered under the Illinois Vehicle Code.
5		(20) Photoprocessing machinery and equipment,
6		including repair and replacement parts, both new and used,
7		including that manufactured on special order, certified by
8		the purchaser to be used primarily for photoprocessing,
9		and including photoprocessing machinery and equipment
10		purchased for lease.
11		(21) Until July 1, 2028, coal and aggregate
12		exploration, mining, off-highway hauling, processing,
13		maintenance, and reclamation equipment, including
14		replacement parts and equipment, and including equipment
15		purchased for lease, but excluding motor vehicles required
16		to be registered under the Illinois Vehicle Code. The
17		changes made to this Section by Public Act 97-767 apply on
18		and after July 1, 2003, but no claim for credit or refund
19		is allowed on or after August 16, 2013 (the effective date
20		of Public Act 98-456) for such taxes paid during the
21		period beginning July 1, 2003 and ending on August 16,
22		2013 (the effective date of Public Act 98-456).
23		(22) Until June 30, 2013, fuel and petroleum products
24		sold to or used by an air carrier, certified by the carrier
25		to be used for consumption, shipment, or storage in the
26		conduct of its business as an air common carrier, for a

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1		flight destined for or returning from a location or
2		locations outside the United States without regard to
3		previous or subsequent domestic stopovers.
4		Beginning July 1, 2013, fuel and petroleum products
5		sold to or used by an air carrier, certified by the carrier
6		to be used for consumption, shipment, or storage in the
7		conduct of its business as an air common carrier, for a
8		flight that (i) is engaged in foreign trade or is engaged
9		in trade between the United States and any of its
10		possessions and (ii) transports at least one individual or
11		package for hire from the city of origination to the city
12		of final destination on the same aircraft, without regard
13		to a change in the flight number of that aircraft.
14		(23) A transaction in which the purchase order is
15		received by a florist who is located outside Illinois, but
16		who has a florist located in Illinois deliver the property
17		to the purchaser or the purchaser's donee in Illinois.
18		(24) Fuel consumed or used in the operation of ships,
19		barges, or vessels that are used primarily in or for the
20		transportation of property or the conveyance of persons
21		for hire on rivers bordering on this State if the fuel is
22		delivered by the seller to the purchaser's barge, ship, or
23		vessel while it is afloat upon that bordering river.
24		(25) Except as provided in items (25-5) and (25-6) of
25		this Section, a motor vehicle sold in this State to a
26		nonresident even though the motor vehicle is delivered to

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1		the nonresident in this State, if the motor vehicle is not
2		to be titled in this State, and if a drive-away permit is
3		issued to the motor vehicle as provided in Section 3-603
4		of the Illinois Vehicle Code or if the nonresident
5		purchaser has vehicle registration plates to transfer to
6		the motor vehicle upon returning to his or her home state.
7		The issuance of the drive-away permit or having the
8		out-of-state registration plates to be transferred is
9		prima facie evidence that the motor vehicle will not be
10		titled in this State.
11		(25-5) The exemption under item (25) does not apply if
12		the state in which the motor vehicle will be titled does
13		not allow a reciprocal exemption for a motor vehicle sold
14		and delivered in that state to an Illinois resident but
15		titled in Illinois. The tax collected under this Act on
16		the sale of a motor vehicle in this State to a resident of
17		another state that does not allow a reciprocal exemption
18		shall be imposed at a rate equal to the state's rate of tax
19		on taxable property in the state in which the purchaser is
20		a resident, except that the tax shall not exceed the tax
21		that would otherwise be imposed under this Act. At the
22		time of the sale, the purchaser shall execute a statement,
23		signed under penalty of perjury, of his or her intent to
24		title the vehicle in the state in which the purchaser is a
25		resident within 30 days after the sale and of the fact of
26		the payment to the State of Illinois of tax in an amount

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1		equivalent to the state's rate of tax on taxable property
2		in his or her state of residence and shall submit the
3		statement to the appropriate tax collection agency in his
4		or her state of residence. In addition, the retailer must
5		retain a signed copy of the statement in his or her
6		records. Nothing in this item shall be construed to
7		require the removal of the vehicle from this state
8		following the filing of an intent to title the vehicle in
9		the purchaser's state of residence if the purchaser titles
10		the vehicle in his or her state of residence within 30 days
11		after the date of sale. The tax collected under this Act in
12		accordance with this item (25-5) shall be proportionately
13		distributed as if the tax were collected at the 6.25%
14		general rate imposed under this Act.
15		(25-6) There is a rebuttable presumption that the
16		exemption under item (25) does not apply if the purchaser
17		is a limited liability company and a member of the limited
18		liability company is a resident of Illinois. This
19		presumption may be rebutted by other evidence, such as
20		evidence the motor vehicle is insured at a garaging or
21		storage address outside Illinois or other evidence of the
22		physical address at which the motor vehicle will be
23		permanently stored or garaged outside Illinois.
24		(25-7) Beginning on July 1, 2007, no tax is imposed
25		under this Act on the sale of an aircraft, as defined in
26		Section 3 of the Illinois Aeronautics Act, if all of the

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1		following conditions are met:
2		(1) the aircraft leaves this State within 15 days
3		after the later of either the issuance of the final
4		billing for the sale of the aircraft, or the
5		authorized approval for return to service, completion
6		of the maintenance record entry, and completion of the
7		test flight and ground test for inspection, as
8		required by 14 CFR 91.407;
9		(2) the aircraft is not based or registered in
10		this State after the sale of the aircraft; and
11		(3) the seller retains in his or her books and
12		records and provides to the Department a signed and
13		dated certification from the purchaser, on a form
14		prescribed by the Department, certifying that the
15		requirements of this item (25-7) are met. The
16		certificate must also include the name and address of
17		the purchaser, the address of the location where the
18		aircraft is to be titled or registered, the address of
19		the primary physical location of the aircraft, and
20		other information that the Department may reasonably
21		require.
22		For purposes of this item (25-7):
23		"Based in this State" means hangared, stored, or
24		otherwise used, excluding post-sale customizations as
25		defined in this Section, for 10 or more days in each
26		12-month period immediately following the date of the sale

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1		of the aircraft.
2		"Registered in this State" means an aircraft
3		registered with the Department of Transportation,
4		Aeronautics Division, or titled or registered with the
5		Federal Aviation Administration to an address located in
6		this State.
7		This paragraph (25-7) is exempt from the provisions of
8		Section 2-70.
9		(26) Semen used for artificial insemination of
10		livestock for direct agricultural production.
11		(27) Horses, or interests in horses, registered with
12		and meeting the requirements of any of the Arabian Horse
13		Club Registry of America, Appaloosa Horse Club, American
14		Quarter Horse Association, United States Trotting
15		Association, or Jockey Club, as appropriate, used for
16		purposes of breeding or racing for prizes. This item (27)
17		is exempt from the provisions of Section 2-70, and the
18		exemption provided for under this item (27) applies for
19		all periods beginning May 30, 1995, but no claim for
20		credit or refund is allowed on or after January 1, 2008
21		(the effective date of Public Act 95-88) for such taxes
22		paid during the period beginning May 30, 2000 and ending
23		on January 1, 2008 (the effective date of Public Act
24		95-88).
25		(28) Computers and communications equipment utilized
26		for any hospital purpose and equipment used in the

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1		diagnosis, analysis, or treatment of hospital patients
2		sold to a lessor who leases the equipment, under a lease of
3		one year or longer executed or in effect at the time of the
4		purchase, to a hospital that has been issued an active tax
5		exemption identification number by the Department under
6		Section 1g of this Act.
7		(29) Personal property sold to a lessor who leases the
8		property, under a lease of one year or longer executed or
9		in effect at the time of the purchase, to a governmental
10		body that has been issued an active tax exemption
11		identification number by the Department under Section 1g
12		of this Act.
13		(30) Beginning with taxable years ending on or after
14		December 31, 1995 and ending with taxable years ending on
15		or before December 31, 2004, personal property that is
16		donated for disaster relief to be used in a State or
17		federally declared disaster area in Illinois or bordering
18		Illinois by a manufacturer or retailer that is registered
19		in this State to a corporation, society, association,
20		foundation, or institution that has been issued a sales
21		tax exemption identification number by the Department that
22		assists victims of the disaster who reside within the
23		declared disaster area.
24		(31) Beginning with taxable years ending on or after
25		December 31, 1995 and ending with taxable years ending on
26		or before December 31, 2004, personal property that is

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1		used in the performance of infrastructure repairs in this
2		State, including, but not limited to, municipal roads and
3		streets, access roads, bridges, sidewalks, waste disposal
4		systems, water and sewer line extensions, water
5		distribution and purification facilities, storm water
6		drainage and retention facilities, and sewage treatment
7		facilities, resulting from a State or federally declared
8		disaster in Illinois or bordering Illinois when such
9		repairs are initiated on facilities located in the
10		declared disaster area within 6 months after the disaster.
11		(32) Beginning July 1, 1999, game or game birds sold
12		at a "game breeding and hunting preserve area" as that
13		term is used in the Wildlife Code. This paragraph is
14		exempt from the provisions of Section 2-70.
15		(33) A motor vehicle, as that term is defined in
16		Section 1-146 of the Illinois Vehicle Code, that is
17		donated to a corporation, limited liability company,
18		society, association, foundation, or institution that is
19		determined by the Department to be organized and operated
20		exclusively for educational purposes. For purposes of this
21		exemption, "a corporation, limited liability company,
22		society, association, foundation, or institution organized
23		and operated exclusively for educational purposes" means
24		all tax-supported public schools, private schools that
25		offer systematic instruction in useful branches of
26		learning by methods common to public schools and that

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1		compare favorably in their scope and intensity with the
2		course of study presented in tax-supported schools, and
3		vocational or technical schools or institutes organized
4		and operated exclusively to provide a course of study of
5		not less than 6 weeks duration and designed to prepare
6		individuals to follow a trade or to pursue a manual,
7		technical, mechanical, industrial, business, or commercial
8		occupation.
9		(34) Beginning January 1, 2000, personal property,
10		including food, purchased through fundraising events for
11		the benefit of a public or private elementary or secondary
12		school, a group of those schools, or one or more school
13		districts if the events are sponsored by an entity
14		recognized by the school district that consists primarily
15		of volunteers and includes parents and teachers of the
16		school children. This paragraph does not apply to
17		fundraising events (i) for the benefit of private home
18		instruction or (ii) for which the fundraising entity
19		purchases the personal property sold at the events from
20		another individual or entity that sold the property for
21		the purpose of resale by the fundraising entity and that
22		profits from the sale to the fundraising entity. This
23		paragraph is exempt from the provisions of Section 2-70.
24		(35) Beginning January 1, 2000 and through December
25		31, 2001, new or used automatic vending machines that
26		prepare and serve hot food and beverages, including

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1		coffee, soup, and other items, and replacement parts for
2		these machines. Beginning January 1, 2002 and through June
3		30, 2003, machines and parts for machines used in
4		commercial, coin-operated amusement and vending business
5		if a use or occupation tax is paid on the gross receipts
6		derived from the use of the commercial, coin-operated
7		amusement and vending machines. This paragraph is exempt
8		from the provisions of Section 2-70.
9		(35-5) Beginning August 23, 2001 and through June 30,
10		2016, food for human consumption that is to be consumed
11		off the premises where it is sold (other than alcoholic
12		beverages, soft drinks, and food that has been prepared
13		for immediate consumption) and prescription and
14		nonprescription medicines, drugs, medical appliances, and
15		insulin, urine testing materials, syringes, and needles
16		used by diabetics, for human use, when purchased for use
17		by a person receiving medical assistance under Article V
18		of the Illinois Public Aid Code who resides in a licensed
19		long-term care facility, as defined in the Nursing Home
20		Care Act, or a licensed facility as defined in the ID/DD
21		Community Care Act, the MC/DD Act, or the Specialized
22		Mental Health Rehabilitation Act of 2013.
23		(36) Beginning August 2, 2001, computers and
24		communications equipment utilized for any hospital purpose
25		and equipment used in the diagnosis, analysis, or
26		treatment of hospital patients sold to a lessor who leases

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1		the equipment, under a lease of one year or longer
2		executed or in effect at the time of the purchase, to a
3		hospital that has been issued an active tax exemption
4		identification number by the Department under Section 1g
5		of this Act. This paragraph is exempt from the provisions
6		of Section 2-70.
7		(37) Beginning August 2, 2001, personal property sold
8		to a lessor who leases the property, under a lease of one
9		year or longer executed or in effect at the time of the
10		purchase, to a governmental body that has been issued an
11		active tax exemption identification number by the
12		Department under Section 1g of this Act. This paragraph is
13		exempt from the provisions of Section 2-70.
14		(38) Beginning on January 1, 2002 and through June 30,
15		2016, tangible personal property purchased from an
16		Illinois retailer by a taxpayer engaged in centralized
17		purchasing activities in Illinois who will, upon receipt
18		of the property in Illinois, temporarily store the
19		property in Illinois (i) for the purpose of subsequently
20		transporting it outside this State for use or consumption
21		thereafter solely outside this State or (ii) for the
22		purpose of being processed, fabricated, or manufactured
23		into, attached to, or incorporated into other tangible
24		personal property to be transported outside this State and
25		thereafter used or consumed solely outside this State. The
26		Director of Revenue shall, pursuant to rules adopted in

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1		accordance with the Illinois Administrative Procedure Act,
2		issue a permit to any taxpayer in good standing with the
3		Department who is eligible for the exemption under this
4		paragraph (38). The permit issued under this paragraph
5		(38) shall authorize the holder, to the extent and in the
6		manner specified in the rules adopted under this Act, to
7		purchase tangible personal property from a retailer exempt
8		from the taxes imposed by this Act. Taxpayers shall
9		maintain all necessary books and records to substantiate
10		the use and consumption of all such tangible personal
11		property outside of the State of Illinois.
12		(39) Beginning January 1, 2008, tangible personal
13		property used in the construction or maintenance of a
14		community water supply, as defined under Section 3.145 of
15		the Environmental Protection Act, that is operated by a
16		not-for-profit corporation that holds a valid water supply
17		permit issued under Title IV of the Environmental
18		Protection Act. This paragraph is exempt from the
19		provisions of Section 2-70.
20		(40) Beginning January 1, 2010 and continuing through
21		December 31, 2029, materials, parts, equipment,
22		components, and furnishings incorporated into or upon an
23		aircraft as part of the modification, refurbishment,
24		completion, replacement, repair, or maintenance of the
25		aircraft. This exemption includes consumable supplies used
26		in the modification, refurbishment, completion,

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1		replacement, repair, and maintenance of aircraft. However,
2		until January 1, 2024, this exemption excludes any
3		materials, parts, equipment, components, and consumable
4		supplies used in the modification, replacement, repair,
5		and maintenance of aircraft engines or power plants,
6		whether such engines or power plants are installed or
7		uninstalled upon any such aircraft. "Consumable supplies"
8		include, but are not limited to, adhesive, tape,
9		sandpaper, general purpose lubricants, cleaning solution,
10		latex gloves, and protective films.
11		Beginning January 1, 2010 and continuing through
12		December 31, 2023, this exemption applies only to the sale
13		of qualifying tangible personal property to persons who
14		modify, refurbish, complete, replace, or maintain an
15		aircraft and who (i) hold an Air Agency Certificate and
16		are empowered to operate an approved repair station by the
17		Federal Aviation Administration, (ii) have a Class IV
18		Rating, and (iii) conduct operations in accordance with
19		Part 145 of the Federal Aviation Regulations. The
20		exemption does not include aircraft operated by a
21		commercial air carrier providing scheduled passenger air
22		service pursuant to authority issued under Part 121 or
23		Part 129 of the Federal Aviation Regulations. From January
24		1, 2024 through December 31, 2029, this exemption applies
25		only to the sale of qualifying tangible personal property
26		to: (A) persons who modify, refurbish, complete, repair,

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1		replace, or maintain aircraft and who (i) hold an Air
2		Agency Certificate and are empowered to operate an
3		approved repair station by the Federal Aviation
4		Administration, (ii) have a Class IV Rating, and (iii)
5		conduct operations in accordance with Part 145 of the
6		Federal Aviation Regulations; and (B) persons who engage
7		in the modification, replacement, repair, and maintenance
8		of aircraft engines or power plants without regard to
9		whether or not those persons meet the qualifications of
10		item (A).
11		The changes made to this paragraph (40) by Public Act
12		98-534 are declarative of existing law. It is the intent
13		of the General Assembly that the exemption under this
14		paragraph (40) applies continuously from January 1, 2010
15		through December 31, 2024; however, no claim for credit or
16		refund is allowed for taxes paid as a result of the
17		disallowance of this exemption on or after January 1, 2015
18		and prior to February 5, 2020 (the effective date of
19		Public Act 101-629).
20		(41) Tangible personal property sold to a
21		public-facilities corporation, as described in Section
22		11-65-10 of the Illinois Municipal Code, for purposes of
23		constructing or furnishing a municipal convention hall,
24		but only if the legal title to the municipal convention
25		hall is transferred to the municipality without any
26		further consideration by or on behalf of the municipality

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1		at the time of the completion of the municipal convention
2		hall or upon the retirement or redemption of any bonds or
3		other debt instruments issued by the public-facilities
4		corporation in connection with the development of the
5		municipal convention hall. This exemption includes
6		existing public-facilities corporations as provided in
7		Section 11-65-25 of the Illinois Municipal Code. This
8		paragraph is exempt from the provisions of Section 2-70.
9		(42) Beginning January 1, 2017 and through December
10		31, 2026, menstrual pads, tampons, and menstrual cups.
11		(43) Merchandise that is subject to the Rental
12		Purchase Agreement Occupation and Use Tax. The purchaser
13		must certify that the item is purchased to be rented
14		subject to a rental-purchase agreement, as defined in the
15		Rental-Purchase Agreement Act, and provide proof of
16		registration under the Rental Purchase Agreement
17		Occupation and Use Tax Act. This paragraph is exempt from
18		the provisions of Section 2-70.
19		(44) Qualified tangible personal property used in the
20		construction or operation of a data center that has been
21		granted a certificate of exemption by the Department of
22		Commerce and Economic Opportunity, whether that tangible
23		personal property is purchased by the owner, operator, or
24		tenant of the data center or by a contractor or
25		subcontractor of the owner, operator, or tenant. Data
26		centers that would have qualified for a certificate of

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1		exemption prior to January 1, 2020 had Public Act 101-31
2		been in effect, may apply for and obtain an exemption for
3		subsequent purchases of computer equipment or enabling
4		software purchased or leased to upgrade, supplement, or
5		replace computer equipment or enabling software purchased
6		or leased in the original investment that would have
7		qualified.
8		The Department of Commerce and Economic Opportunity
9		shall grant a certificate of exemption under this item
10		(44) to qualified data centers as defined by Section
11		605-1025 of the Department of Commerce and Economic
12		Opportunity Law of the Civil Administrative Code of
13		Illinois.
14		For the purposes of this item (44):
15		"Data center" means a building or a series of
16		buildings rehabilitated or constructed to house
17		working servers in one physical location or multiple
18		sites within the State of Illinois.
19		"Qualified tangible personal property" means:
20		electrical systems and equipment; climate control and
21		chilling equipment and systems; mechanical systems and
22		equipment; monitoring and secure systems; emergency
23		generators; hardware; computers; servers; data storage
24		devices; network connectivity equipment; racks;
25		cabinets; telecommunications cabling infrastructure;
26		raised floor systems; peripheral components or

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1		systems; software; mechanical, electrical, or plumbing
2		systems; battery systems; cooling systems and towers;
3		temperature control systems; other cabling; and other
4		data center infrastructure equipment and systems
5		necessary to operate qualified tangible personal
6		property, including fixtures; and component parts of
7		any of the foregoing, including installation,
8		maintenance, repair, refurbishment, and replacement of
9		qualified tangible personal property to generate,
10		transform, transmit, distribute, or manage electricity
11		necessary to operate qualified tangible personal
12		property; and all other tangible personal property
13		that is essential to the operations of a computer data
14		center. The term "qualified tangible personal
15		property" also includes building materials physically
16		incorporated into the qualifying data center. To
17		document the exemption allowed under this Section, the
18		retailer must obtain from the purchaser a copy of the
19		certificate of eligibility issued by the Department of
20		Commerce and Economic Opportunity.
21		This item (44) is exempt from the provisions of
22		Section 2-70.
23		(45) Beginning January 1, 2020 and through December
24		31, 2020, sales of tangible personal property made by a
25		marketplace seller over a marketplace for which tax is due
26		under this Act but for which use tax has been collected and

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1		remitted to the Department by a marketplace facilitator
2		under Section 2d of the Use Tax Act are exempt from tax
3		under this Act. A marketplace seller claiming this
4		exemption shall maintain books and records demonstrating
5		that the use tax on such sales has been collected and
6		remitted by a marketplace facilitator. Marketplace sellers
7		that have properly remitted tax under this Act on such
8		sales may file a claim for credit as provided in Section 6
9		of this Act. No claim is allowed, however, for such taxes
10		for which a credit or refund has been issued to the
11		marketplace facilitator under the Use Tax Act, or for
12		which the marketplace facilitator has filed a claim for
13		credit or refund under the Use Tax Act.
14		(46) Beginning July 1, 2022, breast pumps, breast pump
15		collection and storage supplies, and breast pump kits.
16		This item (46) is exempt from the provisions of Section
17		2-70. As used in this item (46):
18		"Breast pump" means an electrically controlled or
19		manually controlled pump device designed or marketed to be
20		used to express milk from a human breast during lactation,
21		including the pump device and any battery, AC adapter, or
22		other power supply unit that is used to power the pump
23		device and is packaged and sold with the pump device at the
24		time of sale.
25		"Breast pump collection and storage supplies" means
26		items of tangible personal property designed or marketed

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1		to be used in conjunction with a breast pump to collect
2		milk expressed from a human breast and to store collected
3		milk until it is ready for consumption.
4		"Breast pump collection and storage supplies"
5		includes, but is not limited to: breast shields and breast
6		shield connectors; breast pump tubes and tubing adapters;
7		breast pump valves and membranes; backflow protectors and
8		backflow protector adaptors; bottles and bottle caps
9		specific to the operation of the breast pump; and breast
10		milk storage bags.
11		"Breast pump collection and storage supplies" does not
12		include: (1) bottles and bottle caps not specific to the
13		operation of the breast pump; (2) breast pump travel bags
14		and other similar carrying accessories, including ice
15		packs, labels, and other similar products; (3) breast pump
16		cleaning supplies; (4) nursing bras, bra pads, breast
17		shells, and other similar products; and (5) creams,
18		ointments, and other similar products that relieve
19		breastfeeding-related symptoms or conditions of the
20		breasts or nipples, unless sold as part of a breast pump
21		kit that is pre-packaged by the breast pump manufacturer
22		or distributor.
23		"Breast pump kit" means a kit that: (1) contains no
24		more than a breast pump, breast pump collection and
25		storage supplies, a rechargeable battery for operating the
26		breast pump, a breastmilk cooler, bottle stands, ice

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1		packs, and a breast pump carrying case; and (2) is
2		pre-packaged as a breast pump kit by the breast pump
3		manufacturer or distributor.
4		(47) Tangible personal property sold by or on behalf
5		of the State Treasurer pursuant to the Revised Uniform
6		Unclaimed Property Act. This item (47) is exempt from the
7		provisions of Section 2-70.
8		(48) Beginning on January 1, 2024, tangible personal
9		property purchased by an active duty member of the armed
10		forces of the United States who presents valid military
11		identification and purchases the property using a form of
12		payment where the federal government is the payor. The
13		member of the armed forces must complete, at the point of
14		sale, a form prescribed by the Department of Revenue
15		documenting that the transaction is eligible for the
16		exemption under this paragraph. Retailers must keep the
17		form as documentation of the exemption in their records
18		for a period of not less than 6 years. "Armed forces of the
19		United States" means the United States Army, Navy, Air
20		Force, Space Force, Marine Corps, or Coast Guard. This
21		paragraph is exempt from the provisions of Section 2-70.
22		(49) Beginning July 1, 2024, home-delivered meals
23		provided to Medicare or Medicaid recipients when payment
24		is made by an intermediary, such as a Medicare
25		Administrative Contractor, a Managed Care Organization, or
26		a Medicare Advantage Organization, pursuant to a

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1		government contract. This paragraph (49) is exempt from
2		the provisions of Section 2-70.
3		(50) Beginning on January 1, 2026, as further defined
4		in Section 2-10, food for human consumption that is to be
5		consumed off the premises where it is sold (other than
6		alcoholic beverages, food consisting of or infused with
7		adult use cannabis, soft drinks, candy, and food that has
8		been prepared for immediate consumption, and, beginning on
9		November 12, 2026, food that is a final consumer hemp
10		cannabinoid product as defined in the Illinois Hemp Act).
11		This item (50) is exempt from the provisions of Section
12		2-70.
13		(51) Gross receipts from the lease of the following
14		tangible personal property:
15		(1) computer software transferred subject to a
16		license that meets the following requirements:
17		(A) it is evidenced by a written agreement
18		signed by the licensor and the customer;
19		(i) an electronic agreement in which the
20		customer accepts the license by means of an
21		electronic signature that is verifiable and
22		can be authenticated and is attached to or
23		made part of the license will comply with this
24		requirement;
25		(ii) a license agreement in which the
26		customer electronically accepts the terms by

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1		clicking "I agree" does not comply with this
2		requirement;
3		(B) it restricts the customer's duplication
4		and use of the software;
5		(C) it prohibits the customer from licensing,
6		sublicensing, or transferring the software to a
7		third party (except to a related party) without
8		the permission and continued control of the
9		licensor;
10		(D) the licensor has a policy of providing
11		another copy at minimal or no charge if the
12		customer loses or damages the software, or of
13		permitting the licensee to make and keep an
14		archival copy, and such policy is either stated in
15		the license agreement, supported by the licensor's
16		books and records, or supported by a notarized
17		statement made under penalties of perjury by the
18		licensor; and
19		(E) the customer must destroy or return all
20		copies of the software to the licensor at the end
21		of the license period; this provision is deemed to
22		be met, in the case of a perpetual license,
23		without being set forth in the license agreement;
24		and
25		(2) property that is subject to a tax on lease
26		receipts imposed by a home rule unit of local

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1		government if the ordinance imposing that tax was
2		adopted prior to January 1, 2023.
3		(Source: P.A. 103-9, Article 5, Section 5-20, eff. 6-7-23;
4		103-9, Article 15, Section 15-20, eff. 6-7-23; 103-154, eff.
5		6-30-23; 103-384, eff. 1-1-24; 103-592, eff. 1-1-25; 103-605,
6		eff. 7-1-24; 103-643, eff. 7-1-24; 103-746, eff. 1-1-25;
7		103-781, eff. 8-5-24; 103-995, eff. 8-9-24; 104-6, eff.
8		6-16-25; 104-417, eff. 8-15-25.)
9		(35 ILCS 120/2-10)  from Ch. 120, par. 441-10
10		Sec. 2-10. Rate of tax. Unless otherwise provided in this
11		Section, the tax imposed by this Act is at the rate of 6.25% of
12		gross receipts from sales, which, on and after January 1,
13		2025, includes leases, of tangible personal property made in
14		the course of business.
15		Beginning on July 1, 2000 and through December 31, 2000,
16		with respect to motor fuel, as defined in Section 1.1 of the
17		Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
18		the Use Tax Act, the tax is imposed at the rate of 1.25%.
19		Beginning on August 6, 2010 through August 15, 2010, and
20		beginning again on August 5, 2022 through August 14, 2022,
21		with respect to sales tax holiday items as defined in Section
22		2-8 of this Act, the tax is imposed at the rate of 1.25%.
23		Within 14 days after July 1, 2000 (the effective date of
24		Public Act 91-872), each retailer of motor fuel and gasohol
25		shall cause the following notice to be posted in a prominently

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1		visible place on each retail dispensing device that is used to
2		dispense motor fuel or gasohol in the State of Illinois: "As of
3		July 1, 2000, the State of Illinois has eliminated the State's
4		share of sales tax on motor fuel and gasohol through December
5		31, 2000. The price on this pump should reflect the
6		elimination of the tax." The notice shall be printed in bold
7		print on a sign that is no smaller than 4 inches by 8 inches.
8		The sign shall be clearly visible to customers. Any retailer
9		who fails to post or maintain a required sign through December
10		31, 2000 is guilty of a petty offense for which the fine shall
11		be $500 per day per each retail premises where a violation
12		occurs.
13		With respect to gasohol, as defined in the Use Tax Act, the
14		tax imposed by this Act applies to (i) 70% of the proceeds of
15		sales made on or after January 1, 1990, and before July 1,
16		2003, (ii) 80% of the proceeds of sales made on or after July
17		1, 2003 and on or before July 1, 2017, (iii) 100% of the
18		proceeds of sales made after July 1, 2017 and prior to January
19		1, 2024, (iv) 90% of the proceeds of sales made on or after
20		January 1, 2024 and on or before December 31, 2028, and (v)
21		100% of the proceeds of sales made after December 31, 2028. If,
22		at any time, however, the tax under this Act on sales of
23		gasohol, as defined in the Use Tax Act, is imposed at the rate
24		of 1.25%, then the tax imposed by this Act applies to 100% of
25		the proceeds of sales of gasohol made during that time.
26		With respect to mid-range ethanol blends, as defined in

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1		Section 3-44.3 of the Use Tax Act, the tax imposed by this Act
2		applies to (i) 80% of the proceeds of sales made on or after
3		January 1, 2024 and on or before December 31, 2028 and (ii)
4		100% of the proceeds of sales made after December 31, 2028. If,
5		at any time, however, the tax under this Act on sales of
6		mid-range ethanol blends is imposed at the rate of 1.25%, then
7		the tax imposed by this Act applies to 100% of the proceeds of
8		sales of mid-range ethanol blends made during that time.
9		With respect to majority blended ethanol fuel, as defined
10		in the Use Tax Act, the tax imposed by this Act does not apply
11		to the proceeds of sales made on or after July 1, 2003 and on
12		or before December 31, 2028 but applies to 100% of the proceeds
13		of sales made thereafter.
14		With respect to biodiesel blends, as defined in the Use
15		Tax Act, with no less than 1% and no more than 10% biodiesel,
16		the tax imposed by this Act applies to (i) 80% of the proceeds
17		of sales made on or after July 1, 2003 and on or before
18		December 31, 2018 and (ii) 100% of the proceeds of sales made
19		after December 31, 2018 and before January 1, 2024. On and
20		after January 1, 2024 and on or before December 31, 2030, the
21		taxation of biodiesel, renewable diesel, and biodiesel blends
22		shall be as provided in Section 3-5.1 of the Use Tax Act. If,
23		at any time, however, the tax under this Act on sales of
24		biodiesel blends, as defined in the Use Tax Act, with no less
25		than 1% and no more than 10% biodiesel is imposed at the rate
26		of 1.25%, then the tax imposed by this Act applies to 100% of

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1		the proceeds of sales of biodiesel blends with no less than 1%
2		and no more than 10% biodiesel made during that time.
3		With respect to biodiesel, as defined in the Use Tax Act,
4		and biodiesel blends, as defined in the Use Tax Act, with more
5		than 10% but no more than 99% biodiesel, the tax imposed by
6		this Act does not apply to the proceeds of sales made on or
7		after July 1, 2003 and on or before December 31, 2023. On and
8		after January 1, 2024 and on or before December 31, 2030, the
9		taxation of biodiesel, renewable diesel, and biodiesel blends
10		shall be as provided in Section 3-5.1 of the Use Tax Act.
11		Until July 1, 2022 and from July 1, 2023 through December
12		31, 2025, with respect to food for human consumption that is to
13		be consumed off the premises where it is sold (other than
14		alcoholic beverages, food consisting of or infused with adult
15		use cannabis, soft drinks, and food that has been prepared for
16		immediate consumption), the tax is imposed at the rate of 1%.
17		Beginning July 1, 2022 and until July 1, 2023, with respect to
18		food for human consumption that is to be consumed off the
19		premises where it is sold (other than alcoholic beverages,
20		food consisting of or infused with adult use cannabis, soft
21		drinks, and food that has been prepared for immediate
22		consumption, and, beginning on November 12, 2026, food that is
23		a final consumer hemp cannabinoid product as defined in the
24		Illinois Hemp Act), the tax is imposed at the rate of 0%. On
25		and after January 1, 2026, food for human consumption that is
26		to be consumed off the premises where it is sold (other than

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1		alcoholic beverages, food consisting of or infused with adult
2		use cannabis, soft drinks, candy, and food that has been
3		prepared for immediate consumption) is exempt from the tax
4		imposed by this Act.
5		With respect to prescription and nonprescription
6		medicines, drugs, medical appliances, products classified as
7		Class III medical devices by the United States Food and Drug
8		Administration that are used for cancer treatment pursuant to
9		a prescription, as well as any accessories and components
10		related to those devices, modifications to a motor vehicle for
11		the purpose of rendering it usable by a person with a
12		disability, and insulin, blood sugar testing materials,
13		syringes, and needles used by human diabetics, the tax is
14		imposed at the rate of 1%. For the purposes of this Section,
15		until September 1, 2009: the term "soft drinks" means any
16		complete, finished, ready-to-use, non-alcoholic drink, whether
17		carbonated or not, including, but not limited to, soda water,
18		cola, fruit juice, vegetable juice, carbonated water, and all
19		other preparations commonly known as soft drinks of whatever
20		kind or description that are contained in any closed or sealed
21		bottle, can, carton, or container, regardless of size; but
22		"soft drinks" does not include coffee, tea, non-carbonated
23		water, infant formula, milk or milk products as defined in the
24		Grade A Pasteurized Milk and Milk Products Act, or drinks
25		containing 50% or more natural fruit or vegetable juice.
26		Notwithstanding any other provisions of this Act,

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1		beginning September 1, 2009, "soft drinks" means non-alcoholic
2		beverages that contain natural or artificial sweeteners. "Soft
3		drinks" does not include beverages that contain milk or milk
4		products, soy, rice or similar milk substitutes, or greater
5		than 50% of vegetable or fruit juice by volume.
6		Until August 1, 2009, and notwithstanding any other
7		provisions of this Act, "food for human consumption that is to
8		be consumed off the premises where it is sold" includes all
9		food sold through a vending machine, except soft drinks and
10		food products that are dispensed hot from a vending machine,
11		regardless of the location of the vending machine. Beginning
12		August 1, 2009, and notwithstanding any other provisions of
13		this Act, "food for human consumption that is to be consumed
14		off the premises where it is sold" includes all food sold
15		through a vending machine, except soft drinks, candy, and food
16		products that are dispensed hot from a vending machine,
17		regardless of the location of the vending machine.
18		Notwithstanding any other provisions of this Act,
19		beginning September 1, 2009, "food for human consumption that
20		is to be consumed off the premises where it is sold" does not
21		include candy. For purposes of this Section, "candy" means a
22		preparation of sugar, honey, or other natural or artificial
23		sweeteners in combination with chocolate, fruits, nuts or
24		other ingredients or flavorings in the form of bars, drops, or
25		pieces. "Candy" does not include any preparation that contains
26		flour or requires refrigeration.

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1		Notwithstanding any other provisions of this Act,
2		beginning September 1, 2009, "nonprescription medicines and
3		drugs" does not include grooming and hygiene products. For
4		purposes of this Section, "grooming and hygiene products"
5		includes, but is not limited to, soaps and cleaning solutions,
6		shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
7		lotions and screens, unless those products are available by
8		prescription only, regardless of whether the products meet the
9		definition of "over-the-counter-drugs". For the purposes of
10		this paragraph, "over-the-counter-drug" means a drug for human
11		use that contains a label that identifies the product as a drug
12		as required by 21 CFR 201.66. The "over-the-counter-drug"
13		label includes:
14		(A) a "Drug Facts" panel; or
15		(B) a statement of the "active ingredient(s)" with a
16		list of those ingredients contained in the compound,
17		substance or preparation.
18		Beginning on January 1, 2014 (the effective date of Public
19		Act 98-122), "prescription and nonprescription medicines and
20		drugs" includes medical cannabis purchased from a registered
21		dispensing organization under the Compassionate Use of Medical
22		Cannabis Program Act.
23		Beginning 90 days after the effective date of this
24		amendatory Act of the 104th General Assembly, "prescription
25		and nonprescription medicines and drugs" includes cannabis or
26		cannabis-infused products purchased by a qualified patient,

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1		provisional patient, designated caregiver, or Opioid
2		Alternative Patient Program participant as part of that
3		individual's adequate medical supply from any dispensary that
4		has been issued a Medical Cannabis Dispensing Organization
5		license, as these terms are defined under the Cannabis
6		Regulation and Tax Act.
7		Beginning on November 12, 2026, "prescription and
8		nonprescription medicines and drugs" does not include a final
9		consumer hemp cannabinoid product as defined in the Illinois
10		Hemp Act.
11		As used in this Section, "adult use cannabis" means
12		cannabis subject to tax under the Cannabis Cultivation
13		Privilege Tax Law and the Cannabis Purchaser Excise Tax Law
14		and does not include cannabis subject to tax under the
15		Compassionate Use of Medical Cannabis Program Act.
16		Beginning 90 days after the effective date of this
17		amendatory Act of the 104th General Assembly, as used in this
18		Section, "adult use cannabis" does not include cannabis or
19		cannabis-infused products purchased by a qualified patient,
20		provisional patient, designated caregiver, or Opioid
21		Alternative Patient Program participant as part of that
22		individual's adequate medical supply from any dispensary that
23		has been issued a Medical Cannabis Dispensing Organization
24		license.
25		(Source: P.A. 103-9, eff. 6-7-23; 103-154, eff. 6-30-23;
26		103-592, eff. 1-1-25; 103-781, eff. 8-5-24; 104-417, eff.

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1		8-15-25.)
2		(35 ILCS 120/11)  (from Ch. 120, par. 450)
3		Sec. 11. All information received by the Department from
4		returns filed under this Act, or from any investigation
5		conducted under this Act, shall be confidential, except for
6		official purposes, and any person, including a third party as
7		defined in the Local Government Revenue Recapture Act, who
8		divulges any such information in any manner, except in
9		accordance with a proper judicial order or as otherwise
10		provided by law, including the Local Government Revenue
11		Recapture Act, shall be guilty of a Class B misdemeanor with a
12		fine not to exceed $7,500.
13		Nothing in this Act prevents the Director of Revenue from
14		publishing or making available to the public the names and
15		addresses of persons filing returns under this Act, or
16		reasonable statistics concerning the operation of the tax by
17		grouping the contents of returns so the information in any
18		individual return is not disclosed.
19		Nothing in this Act prevents the Director of Revenue from
20		divulging to the United States Government or the government of
21		any other state, or any officer or agency thereof, for
22		exclusively official purposes, information received by the
23		Department in administering this Act, provided that such other
24		governmental agency agrees to divulge requested tax
25		information to the Department.

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1		The Department's furnishing of information derived from a
2		taxpayer's return or from an investigation conducted under
3		this Act to the surety on a taxpayer's bond that has been
4		furnished to the Department under this Act, either to provide
5		notice to such surety of its potential liability under the
6		bond or, in order to support the Department's demand for
7		payment from such surety under the bond, is an official
8		purpose within the meaning of this Section.
9		The furnishing upon request of information obtained by the
10		Department from returns filed under this Act or investigations
11		conducted under this Act to the Illinois Liquor Control
12		Commission for official use is deemed to be an official
13		purpose within the meaning of this Section.
14		Notice to a surety of potential liability shall not be
15		given unless the taxpayer has first been notified, not less
16		than 10 days prior thereto, of the Department's intent to so
17		notify the surety.
18		The furnishing upon request of the Auditor General, or his
19		authorized agents, for official use, of returns filed and
20		information related thereto under this Act is deemed to be an
21		official purpose within the meaning of this Section.
22		Where an appeal or a protest has been filed on behalf of a
23		taxpayer, the furnishing upon request of the attorney for the
24		taxpayer of returns filed by the taxpayer and information
25		related thereto under this Act is deemed to be an official
26		purpose within the meaning of this Section.

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1		The furnishing of financial information to a municipality
2		or county, upon request of the chief executive officer
3		thereof, is an official purpose within the meaning of this
4		Section, provided the municipality or county agrees in writing
5		to the requirements of this Section. Information provided to
6		municipalities and counties under this paragraph shall be
7		limited to: (1) the business name; (2) the business address;
8		(3) the standard classification number assigned to the
9		business; (4) net revenue distributed to the requesting
10		municipality or county that is directly related to the
11		requesting municipality's or county's local share of the
12		proceeds under the Use Tax Act, the Service Use Tax Act, the
13		Service Occupation Tax Act, and the Retailers' Occupation Tax
14		Act distributed from the Local Government Tax Fund, and, if
15		applicable, any locally imposed retailers' occupation tax or
16		service occupation tax; and (5) a listing of all businesses
17		within the requesting municipality or county by account
18		identification number and address. On and after July 1, 2015,
19		the furnishing of financial information to municipalities and
20		counties under this paragraph may be by electronic means. If
21		the Department may furnish financial information to a
22		municipality or county under this paragraph, then the chief
23		executive officer of the municipality or county may, in turn,
24		provide that financial information to a third party pursuant
25		to the Local Government Revenue Recapture Act. However, the
26		third party shall agree in writing to the requirements of this

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1		Section and meet the requirements of the Local Government
2		Revenue Recapture Act.
3		Information so provided shall be subject to all
4		confidentiality provisions of this Section. The written
5		agreement shall provide for reciprocity, limitations on
6		access, disclosure, and procedures for requesting information.
7		For the purposes of furnishing financial information to a
8		municipality or county under this Section, "chief executive
9		officer" means the mayor of a city, the village board
10		president of a village, the mayor or president of an
11		incorporated town, the county executive of a county that has
12		adopted the county executive form of government, the president
13		of the board of commissioners of Cook County, or the
14		chairperson of the county board or board of county
15		commissioners of any other county.
16		The Department may make available to the Board of Trustees
17		of any Metro East Mass Transit District information contained
18		on transaction reporting returns required to be filed under
19		Section 3 of this Act that report sales made within the
20		boundary of the taxing authority of that Metro East Mass
21		Transit District, as provided in Section 5.01 of the Local
22		Mass Transit District Act. The disclosure shall be made
23		pursuant to a written agreement between the Department and the
24		Board of Trustees of a Metro East Mass Transit District, which
25		is an official purpose within the meaning of this Section. The
26		written agreement between the Department and the Board of

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1		Trustees of a Metro East Mass Transit District shall provide
2		for reciprocity, limitations on access, disclosure, and
3		procedures for requesting information. Information so provided
4		shall be subject to all confidentiality provisions of this
5		Section.
6		The Director may make available to any State agency,
7		including the Illinois Supreme Court, which licenses persons
8		to engage in any occupation, information that a person
9		licensed by such agency has failed to file returns under this
10		Act or pay the tax, penalty and interest shown therein, or has
11		failed to pay any final assessment of tax, penalty or interest
12		due under this Act. The Director may make available to any
13		State agency, including the Illinois Supreme Court,
14		information regarding whether a bidder, contractor, or an
15		affiliate of a bidder or contractor has failed to collect and
16		remit Illinois Use tax on sales into Illinois, or any tax under
17		this Act or pay the tax, penalty, and interest shown therein,
18		or has failed to pay any final assessment of tax, penalty, or
19		interest due under this Act, for the limited purpose of
20		enforcing bidder and contractor certifications. The Director
21		may make available to units of local government and school
22		districts that require bidder and contractor certifications,
23		as set forth in Sections 50-11 and 50-12 of the Illinois
24		Procurement Code, information regarding whether a bidder,
25		contractor, or an affiliate of a bidder or contractor has
26		failed to collect and remit Illinois Use tax on sales into

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1		Illinois, file returns under this Act, or pay the tax,
2		penalty, and interest shown therein, or has failed to pay any
3		final assessment of tax, penalty, or interest due under this
4		Act, for the limited purpose of enforcing bidder and
5		contractor certifications. For purposes of this Section, the
6		term "affiliate" means any entity that (1) directly,
7		indirectly, or constructively controls another entity, (2) is
8		directly, indirectly, or constructively controlled by another
9		entity, or (3) is subject to the control of a common entity.
10		For purposes of this Section, an entity controls another
11		entity if it owns, directly or individually, more than 10% of
12		the voting securities of that entity. As used in this Section,
13		the term "voting security" means a security that (1) confers
14		upon the holder the right to vote for the election of members
15		of the board of directors or similar governing body of the
16		business or (2) is convertible into, or entitles the holder to
17		receive upon its exercise, a security that confers such a
18		right to vote. A general partnership interest is a voting
19		security.
20		The Director may make available to any State agency,
21		including the Illinois Supreme Court, units of local
22		government, and school districts, information regarding
23		whether a bidder or contractor is an affiliate of a person who
24		is not collecting and remitting Illinois Use taxes for the
25		limited purpose of enforcing bidder and contractor
26		certifications.

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1		The Director may also make available to the Secretary of
2		State information that a limited liability company, which has
3		filed articles of organization with the Secretary of State, or
4		corporation which has been issued a certificate of
5		incorporation by the Secretary of State has failed to file
6		returns under this Act or pay the tax, penalty and interest
7		shown therein, or has failed to pay any final assessment of
8		tax, penalty or interest due under this Act. An assessment is
9		final when all proceedings in court for review of such
10		assessment have terminated or the time for the taking thereof
11		has expired without such proceedings being instituted.
12		It is an official purpose within the meaning of this
13		Section for the Department to publicly report the aggregate
14		amount of tax revenues from a given tax return type that the
15		Department allocates from a State fund or State trust fund to
16		each unit of local government, such as the amount of the
17		monthly allocation to each unit of local government of
18		Municipal Cannabis Retailers' Occupation Tax, County Cannabis
19		Retailers' Occupation Tax, or Business District Occupation
20		Tax, notwithstanding that some units of local government may
21		have as few as one retailer reporting revenues for a given tax
22		return type in any given reporting period.
23		The Director shall make available for public inspection in
24		the Department's principal office and for publication, at
25		cost, administrative decisions issued on or after January 1,
26		1995. These decisions are to be made available in a manner so

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1		that the following taxpayer information is not disclosed:
2		(1) The names, addresses, and identification numbers
3		of the taxpayer, related entities, and employees.
4		(2) At the sole discretion of the Director, trade
5		secrets or other confidential information identified as
6		such by the taxpayer, no later than 30 days after receipt
7		of an administrative decision, by such means as the
8		Department shall provide by rule.
9		The Director shall determine the appropriate extent of the
10		deletions allowed in paragraph (2). In the event the taxpayer
11		does not submit deletions, the Director shall make only the
12		deletions specified in paragraph (1).
13		The Director shall make available for public inspection
14		and publication an administrative decision within 180 days
15		after the issuance of the administrative decision. The term
16		"administrative decision" has the same meaning as defined in
17		Section 3-101 of Article III of the Code of Civil Procedure.
18		Costs collected under this Section shall be paid into the Tax
19		Compliance and Administration Fund.
20		Nothing contained in this Act shall prevent the Director
21		from divulging information to any person pursuant to a request
22		or authorization made by the taxpayer or by an authorized
23		representative of the taxpayer.
24		The furnishing of information obtained by the Department
25		from returns filed under Public Act 101-10 to the Department
26		of Transportation for purposes of compliance with Public Act

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1		101-10 regarding aviation fuel is deemed to be an official
2		purpose within the meaning of this Section.
3		The Director may make information available to the
4		Secretary of State for the purpose of administering Section
5		5-901 of the Illinois Vehicle Code.
6		(Source: P.A. 101-10, eff. 6-5-19; 101-628, eff. 6-1-20;
7		102-558, eff. 8-20-21; 102-941, eff. 7-1-22.)
8		Section 155. The Compassionate Use of Medical Cannabis
9		Program Act is amended by changing Sections 7, 7-15, 10, 15,
10		25, 30, 35, 57, 60, 62, 70, 75, 85, 100, 105, 115, 120, 130,
11		145, 150, 173, 195, 200, and 210 as follows:
12		(410 ILCS 130/7)
13		Sec. 7. Lawful user and lawful products. For the purposes
14		of this Act and to clarify the legislative findings on the
15		lawful use of cannabis:
16		(1) A cardholder under this Act shall not be
17		considered an unlawful user or addicted to narcotics
18		solely as a result of his or her qualifying patient,
19		provisional patient, or designated caregiver, or Opioid
20		Alternative Patient Program participant status.
21		(2) All medical cannabis products purchased by a
22		qualifying patient, provisional patient, designated
23		caregiver, or Opioid Alternative Patient Program
24		participant at a licensed dispensing organization shall be

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1		lawful products and a distinction shall be made between
2		medical and non-medical uses of cannabis as a result of
3		the qualifying patient's cardholder status, provisional
4		registration for qualifying patient cardholder status, or
5		participation in the Opioid Alternative Pilot Program
6		under the authorized use granted under State law.
7		(3) An individual with a provisional registration for
8		qualifying patient cardholder status, a qualifying patient
9		in the Compassionate Use of Medical Cannabis Program, or
10		an Opioid Alternative Patient Pilot Program participant
11		under Section 62 shall not be considered an unlawful user
12		or addicted to narcotics solely as a result of his or her
13		application to or participation in the program.
14		(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
15		(410 ILCS 130/10)
16		Sec. 10. Definitions. The following terms, as used in this
17		Act, shall have the meanings set forth in this Section:
18		(a) "Adequate medical supply" means 2.5 ounces of usable
19		cannabis during a period of 14 days that is derived solely from
20		an intrastate source. Subject to the rules of the Department
21		of Public Health, a patient may apply for a waiver in which a
22		certifying health care professional provides a substantial
23		medical basis in a signed, written statement asserting that,
24		based on the patient's medical history, in the certifying
25		health care professional's professional judgment, 2.5 ounces

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1		is an insufficient adequate medical supply for a 14-day period
2		to properly alleviate the patient's debilitating medical
3		condition or symptoms associated with the debilitating medical
4		condition. This definition may not be construed to authorize
5		the possession of more than 2.5 ounces at any time without
6		authority from the Department of Public Health. The pre-mixed
7		weight of medical cannabis used in making a cannabis-infused
8		product shall apply toward the limit on the total amount of
9		medical cannabis a registered qualifying patient may possess
10		at any one time. :
11		(1) 2.5 ounces of usable cannabis during a period of
12		14 days and that is derived solely from an intrastate
13		source.
14		(2) Subject to the rules of the Department of Public
15		Health, a patient may apply for a waiver where a
16		certifying health care professional provides a substantial
17		medical basis in a signed, written statement asserting
18		that, based on the patient's medical history, in the
19		certifying health care professional's professional
20		judgment, 2.5 ounces is an insufficient adequate supply
21		for a 14-day period to properly alleviate the patient's
22		debilitating medical condition or symptoms associated with
23		the debilitating medical condition.
24		(3) This subsection may not be construed to authorize
25		the possession of more than 2.5 ounces at any time without
26		authority from the Department of Public Health.

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1		(4) The pre-mixed weight of medical cannabis used in
2		making a cannabis infused product shall apply toward the
3		limit on the total amount of medical cannabis a registered
4		qualifying patient may possess at any one time.
5		(a-5) "Advanced practice registered nurse" means a person
6		who is licensed under the Nurse Practice Act as an advanced
7		practice registered nurse and has a controlled substances
8		license under Article III of the Illinois Controlled
9		Substances Act.
10		(a-10) "Bona fide health care professional-patient
11		relationship" means a relationship in which the certifying
12		health care professional has an ongoing responsibility for the
13		assessment, care, and treatment of a patient's debilitating
14		medical condition or a symptom of the patient's debilitating
15		medical condition. A veteran who has received treatment at a
16		VA hospital shall be deemed to have a bona fide health care
17		professional-patient relationship with a VA certifying health
18		care professional if the patient has been seen for his or her
19		debilitating medical condition at the VA Hospital in
20		accordance with VA Hospital protocols. A bona fide health care
21		professional-patient relationship under this subsection is a
22		privileged communication within the meaning of Section 8-802
23		of the Code of Civil Procedure.
24		(b) "Cannabis" has the same meaning given to that term in
25		Section 1-10 3 of the Cannabis Regulation and Tax Control Act.
26		(c) "Cannabis plant monitoring system" means a system that

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1		includes, but is not limited to, testing and data collection
2		established and maintained by the registered cultivation
3		center and available to the Department for the purposes of
4		documenting each cannabis plant and for monitoring plant
5		development throughout the life cycle of a cannabis plant
6		cultivated for the intended use by a qualifying patient from
7		seed planting to final packaging.
8		(d) "Cardholder" means a qualifying patient, provisional
9		patient, or a designated caregiver who has been issued and
10		possesses a valid registry identification card by the
11		Department of Public Health.
12		(d-5) "Certifying health care professional" means a
13		physician, an advanced practice registered nurse, or a
14		physician assistant.
15		(e) "Cultivation center" means a facility operated by an
16		organization or business that is registered by the Department
17		of Agriculture to perform necessary activities to provide only
18		registered medical cannabis dispensing organizations with
19		usable medical cannabis.
20		(f) "Cultivation center agent" means a principal officer,
21		board member, employee, or agent of a registered cultivation
22		center who is 21 years of age or older and has not been
23		convicted of an excluded offense.
24		(g) "Cultivation center agent identification card" means a
25		document issued by the Department of Agriculture that
26		identifies a person as a cultivation center agent.

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1		(h) "Debilitating medical condition" means one or more of
2		the following:
3		(1) cancer, glaucoma, positive status for human
4		immunodeficiency virus, acquired immune deficiency
5		syndrome, hepatitis C, amyotrophic lateral sclerosis,
6		Crohn's disease (including, but not limited to, ulcerative
7		colitis), agitation of Alzheimer's disease,
8		cachexia/wasting syndrome, muscular dystrophy, severe
9		fibromyalgia, spinal cord disease, including but not
10		limited to arachnoiditis, Tarlov cysts, hydromyelia,
11		syringomyelia, Rheumatoid arthritis, fibrous dysplasia,
12		spinal cord injury, traumatic brain injury and
13		post-concussion syndrome, Multiple Sclerosis,
14		Arnold-Chiari malformation and Syringomyelia,
15		Spinocerebellar Ataxia (SCA), Parkinson's, Tourette's,
16		Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD
17		(Complex Regional Pain Syndromes Type I), Causalgia, CRPS
18		(Complex Regional Pain Syndromes Type II),
19		Neurofibromatosis, Chronic Inflammatory Demyelinating
20		Polyneuropathy, Sjogren's syndrome, Lupus, Interstitial
21		Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella
22		syndrome, residual limb pain, seizures (including those
23		characteristic of epilepsy), post-traumatic stress
24		disorder (PTSD), autism, chronic pain, irritable bowel
25		syndrome, migraines, osteoarthritis, anorexia nervosa,
26		Ehlers-Danlos Syndrome, Neuro-Behcet's Autoimmune

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1		Disease, neuropathy, polycystic kidney disease, superior
2		canal dehiscence syndrome, endometriosis, ovarian cysts,
3		uterine fibroids, female orgasmic disorder, or the
4		treatment of these conditions;
5		(1.5) terminal illness with a diagnosis of 6 months or
6		less; if the terminal illness is not one of the qualifying
7		debilitating medical conditions, then the certifying
8		health care professional shall on the certification form
9		identify the cause of the terminal illness; or
10		(2) any other debilitating medical condition or its
11		treatment that is added by the Department of Public Health
12		by rule as provided in Section 45.
13		(i) "Designated caregiver" means a person who: (1) is at
14		least 21 years of age; (2) has agreed to assist with a
15		patient's medical use of cannabis; (3) has not been convicted
16		of an excluded offense; and (3) (4) assists no more than one
17		registered qualifying patient with the patient's his or her
18		medical use of cannabis, except the parent or guardian of a
19		registered qualifying patient may assist each of their
20		children who are registered qualifying patients.
21		(i-5) "Dispensing organization" or "dispensary" means a
22		facility operated by an organization or business that is
23		registered by the Department of Financial and Professional
24		Regulation to acquire cannabis from a registered cultivation
25		center for the purpose of dispensing cannabis, paraphernalia,
26		or related supplies and educational materials to registered

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1		qualifying patients, individuals with a provisional
2		registration for qualifying patient cardholder status, or an
3		Opioid Alternative Patient Program participants, or, if also
4		licensed under the Cannabis Regulation and Tax Act, purchasers
5		over the age of 21.
6		(i-10) "Dispensing organization agent" means a principal
7		officer, board member, employee, or agent of a registered
8		medical cannabis dispensing organization who is 21 years of
9		age or older.
10		(j) "Dispensing organization agent identification card"
11		means a document issued by the Department of Financial and
12		Professional Regulation that identifies a person as a medical
13		cannabis dispensing organization agent.
14		(k) "Enclosed, locked facility" means a room, greenhouse,
15		building, or other enclosed area equipped with locks or other
16		security devices that permit access only by a cultivation
17		center's agents or a dispensing organization's agent working
18		for the registered cultivation center or the registered
19		dispensing organization to cultivate, store, and distribute
20		cannabis for registered qualifying patients.
21		(l) (Blank). "Excluded offense" for cultivation center
22		agents and dispensing organizations means:
23		(1) a violent crime defined in Section 3 of the Rights
24		of Crime Victims and Witnesses Act or a substantially
25		similar offense that was classified as a felony in the
26		jurisdiction where the person was convicted; or

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1		(2) a violation of a state or federal controlled
2		substance law, the Cannabis Control Act, or the
3		Methamphetamine Control and Community Protection Act that
4		was classified as a felony in the jurisdiction where the
5		person was convicted, except that the registering
6		Department may waive this restriction if the person
7		demonstrates to the registering Department's satisfaction
8		that his or her conviction was for the possession,
9		cultivation, transfer, or delivery of a reasonable amount
10		of cannabis intended for medical use. This exception does
11		not apply if the conviction was under state law and
12		involved a violation of an existing medical cannabis law.
13		For purposes of this subsection, the Department of Public
14		Health shall determine by emergency rule within 30 days after
15		the effective date of this amendatory Act of the 99th General
16		Assembly what constitutes a "reasonable amount".
17		(l-5) (Blank).
18		(l-10) "Illinois Cannabis Tracking System" means a
19		web-based system established and maintained by the Department
20		of Public Health that is available to the Department of
21		Agriculture, the Department of Financial and Professional
22		Regulation, the Illinois State Police, and registered medical
23		cannabis dispensing organizations on a 24-hour basis to upload
24		written certifications for Opioid Alternative Patient Pilot
25		Program participants, to verify Opioid Alternative Patient
26		Pilot Program participants, to verify Opioid Alternative

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1		Patient Pilot Program participants' available cannabis
2		allotment and assigned dispensary, and the tracking of the
3		date of sale, amount, and price of medical cannabis purchased
4		by an Opioid Alternative Patient Pilot Program participant.
5		(m) "Medical cannabis cultivation center registration"
6		means a registration issued by the Department of Agriculture.
7		(n) "Medical cannabis container" means a sealed,
8		traceable, food compliant, tamper resistant, tamper evident
9		container, or package used for the purpose of containment of
10		medical cannabis from a cultivation center to a dispensing
11		organization.
12		(o) (Blank). "Medical cannabis dispensing organization",
13		or "dispensing organization", or "dispensary organization"
14		means a facility operated by an organization or business that
15		is registered by the Department of Financial and Professional
16		Regulation to acquire medical cannabis from a registered
17		cultivation center for the purpose of dispensing cannabis,
18		paraphernalia, or related supplies and educational materials
19		to registered qualifying patients, individuals with a
20		provisional registration for qualifying patient cardholder
21		status, or an Opioid Alternative Pilot Program participant.
22		(p) (Blank). "Medical cannabis dispensing organization
23		agent" or "dispensing organization agent" means a principal
24		officer, board member, employee, or agent of a registered
25		medical cannabis dispensing organization who is 21 years of
26		age or older and has not been convicted of an excluded offense.

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1		(q) "Medical cannabis infused product" means food, oils,
2		ointments, or other products containing usable cannabis that
3		are not smoked.
4		(r) "Medical use" means the acquisition; administration;
5		delivery; possession; transfer; transportation; or use of
6		cannabis to treat or alleviate a registered qualifying
7		patient's debilitating medical condition or symptoms
8		associated with the patient's debilitating medical condition.
9		(r-5) "Opioid" means a narcotic drug or substance that is
10		a Schedule II controlled substance under paragraph (1), (2),
11		(3), or (5) of subsection (b) or under subsection (c) of
12		Section 206 of the Illinois Controlled Substances Act.
13		(r-10) "Opioid Alternative Patient Pilot Program
14		participant" means an individual who has received a valid
15		written certification to participate in the Opioid Alternative
16		Patient Pilot Program for a medical condition for which an
17		opioid has been or could be prescribed by a certifying health
18		care professional based on generally accepted standards of
19		care.
20		(s) "Physician" means a doctor of medicine or doctor of
21		osteopathy licensed under the Medical Practice Act of 1987 to
22		practice medicine and who has a controlled substances license
23		under Article III of the Illinois Controlled Substances Act.
24		It does not include a licensed practitioner under any other
25		Act including but not limited to the Illinois Dental Practice
26		Act.

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1		(s-1) "Physician assistant" means a physician assistant
2		licensed under the Physician Assistant Practice Act of 1987
3		and who has a controlled substances license under Article III
4		of the Illinois Controlled Substances Act.
5		(s-2) "Provisional patient" means a qualifying patient who
6		has received a provisional registration from the Department of
7		Public Health.
8		(s-5) "Provisional registration" means a document issued
9		by the Department of Public Health to a qualifying patient who
10		has submitted: (1) an online application and paid a fee to
11		participate in Compassionate Use of Medical Cannabis Program
12		pending approval or denial of the patient's application; or
13		(2) a completed application for terminal illness.
14		(t) "Qualifying patient" or "registered qualifying
15		patient" means a person who has been diagnosed by a certifying
16		health care professional as having a debilitating medical
17		condition.
18		(u) "Registered" means licensed, permitted, or otherwise
19		certified by the Department of Agriculture, Department of
20		Public Health, or Department of Financial and Professional
21		Regulation.
22		(v) "Registry identification card" means a document issued
23		by the Department of Public Health that identifies a person as
24		a registered qualifying patient, provisional patient, or
25		registered designated caregiver.
26		(w) "Usable cannabis" means the seeds, leaves, buds, and

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1		flowers of the cannabis plant and any mixture or preparation
2		thereof, but does not include the stalks, and roots of the
3		plant. It does not include the weight of any non-cannabis
4		ingredients combined with cannabis, such as ingredients added
5		to prepare a topical administration, food, or drink.
6		(x) "Verification system" means a Web-based system
7		established and maintained by the Department of Public Health
8		that is available to the Department of Agriculture, the
9		Department of Financial and Professional Regulation, law
10		enforcement personnel, and registered medical cannabis
11		dispensing organization agents on a 24-hour basis for the
12		verification of registry identification cards, the tracking of
13		delivery of medical cannabis to medical cannabis dispensing
14		organizations, and the tracking of the date of sale, amount,
15		and price of medical cannabis purchased by a registered
16		qualifying patient.
17		(y) "Written certification" means a document dated and
18		signed by a certifying health care professional, stating (1)
19		that the qualifying patient has a debilitating medical
20		condition and specifying the debilitating medical condition
21		the qualifying patient has; and (2) that (A) the certifying
22		health care professional is treating or managing treatment of
23		the patient's debilitating medical condition; or (B) an Opioid
24		Alternative Patient Pilot Program participant has a medical
25		condition for which opioids have been or could be prescribed.
26		A written certification shall be made only in the course of a

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1		bona fide health care professional-patient relationship, after
2		the certifying health care professional has completed an
3		assessment of either a qualifying patient's medical history or
4		Opioid Alternative Patient Pilot Program participant, reviewed
5		relevant records related to the patient's debilitating
6		condition, and conducted a physical examination.
7		(z) (Blank). "Bona fide health care professional-patient
8		relationship" means a relationship established at a hospital,
9		certifying health care professional's office, or other health
10		care facility in which the certifying health care professional
11		has an ongoing responsibility for the assessment, care, and
12		treatment of a patient's debilitating medical condition or a
13		symptom of the patient's debilitating medical condition.
14		A veteran who has received treatment at a VA hospital
15		shall be deemed to have a bona fide health care
16		professional-patient relationship with a VA certifying health
17		care professional if the patient has been seen for his or her
18		debilitating medical condition at the VA Hospital in
19		accordance with VA Hospital protocols.
20		A bona fide health care professional-patient relationship
21		under this subsection is a privileged communication within the
22		meaning of Section 8-802 of the Code of Civil Procedure.
23		(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19.)
24		(410 ILCS 130/15)
25		Sec. 15. Authority.

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1		(a) It is the duty of the Department of Public Health to
2		enforce the following provisions of this Act unless otherwise
3		provided for by this Act:
4		(1) establish and maintain a confidential registry of
5		qualifying patients authorized to engage in the medical
6		use of cannabis and their caregivers;
7		(2) distribute educational materials about the health
8		benefits and risks associated with the use of cannabis and
9		prescription medications;
10		(3) adopt rules to administer the patient and
11		caregiver registration program; and
12		(4) adopt rules establishing food handling
13		requirements for cannabis-infused products that are
14		prepared for human consumption.
15		(b) It is the duty of the Department of Agriculture to
16		enforce the provisions of this Act relating to the
17		registration and oversight of cultivation centers unless
18		otherwise provided for in this Act.
19		(c) It is the duty of the Department of Financial and
20		Professional Regulation to enforce the provisions of this Act
21		relating to the registration and oversight of dispensing
22		organizations unless otherwise provided for in this Act.
23		(d) The Department of Public Health, the Department of
24		Agriculture, or the Department of Financial and Professional
25		Regulation shall enter into intergovernmental agreements, as
26		necessary, to carry out the provisions of this Act including,

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1		but not limited to, the provisions relating to the
2		registration and oversight of cultivation centers, dispensing
3		organizations, and qualifying patients and caregivers.
4		Beginning January 1, 2027, the Department of Public Health may
5		enter into intergovernmental agreements, as necessary, to
6		carry out the provisions of this Act, including, but not
7		limited to, the provisions relating to qualifying patients and
8		caregivers.
9		(e) The Department of Public Health, the Department of
10		Agriculture, or the Department of Financial and Professional
11		Regulation may suspend, revoke, or impose other penalties upon
12		a registration for violations of this Act and any rules
13		adopted in accordance thereto. The suspension or revocation
14		of, or imposition of any other penalty upon, a registration is
15		a final Agency action, subject to judicial review.
16		Jurisdiction and venue for judicial review are vested in the
17		Circuit Court.
18		(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
19		99-519, eff. 6-30-16.)
20		(410 ILCS 130/25)
21		Sec. 25. Immunities and presumptions related to the
22		medical use of cannabis.
23		(a) A registered qualifying patient is not subject to
24		arrest, prosecution, or denial of any right or privilege,
25		including, but not limited to, civil penalty or disciplinary

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1		action by an occupational or professional licensing board, for
2		the medical use of cannabis in accordance with this Act, if the
3		registered qualifying patient possesses an amount of cannabis
4		that does not exceed an adequate medical supply as defined in
5		subsection (a) of Section 10 of this Act of usable cannabis
6		and, where the registered qualifying patient is a licensed
7		professional, the use of cannabis does not impair that
8		licensed professional when he or she is engaged in the
9		practice of the profession for which he or she is licensed.
10		(b) A registered designated caregiver is not subject to
11		arrest, prosecution, or denial of any right or privilege,
12		including, but not limited to, civil penalty or disciplinary
13		action by an occupational or professional licensing board, for
14		acting in accordance with this Act to assist a registered
15		qualifying patient to whom he or she is connected through the
16		Department's registration process with the medical use of
17		cannabis if the designated caregiver possesses an amount of
18		cannabis that does not exceed an adequate medical supply as
19		defined in subsection (a) of Section 10 of this Act of usable
20		cannabis. A school nurse or school administrator is not
21		subject to arrest, prosecution, or denial of any right or
22		privilege, including, but not limited to, a civil penalty, for
23		acting in accordance with Section 22-33 of the School Code
24		relating to administering or assisting a student in
25		self-administering a medical cannabis infused product. The
26		total amount possessed between the qualifying patient and

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1		caregiver shall not exceed the patient's adequate supply as
2		defined in subsection (a) of Section 10 of this Act.
3		(c) A registered qualifying patient, or registered
4		designated caregiver, or Opioid Alternative Patient Program
5		participant is not subject to arrest, prosecution, or denial
6		of any right or privilege, including, but not limited to,
7		civil penalty or disciplinary action by an occupational or
8		professional licensing board for possession of cannabis that
9		is incidental to medical use, but is not usable cannabis as
10		defined in this Act.
11		(d)(1) There is a rebuttable presumption that a registered
12		qualifying patient is engaged in, or a designated caregiver is
13		assisting with, the medical use of cannabis in accordance with
14		this Act if the qualifying patient or designated caregiver:
15		(A) is in possession of a valid registry
16		identification card; and
17		(B) is in possession of an amount of cannabis that
18		does not exceed the amount allowed under subsection (a) of
19		Section 10.
20		(2) The presumption may be rebutted by evidence that
21		conduct related to cannabis was not for the purpose of
22		treating or alleviating the qualifying patient's debilitating
23		medical condition or symptoms associated with the debilitating
24		medical condition in compliance with this Act.
25		(e) A certifying health care professional is not subject
26		to arrest, prosecution, or penalty in any manner, or denial of

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1		any right or privilege, including, but not limited to, civil
2		penalty or disciplinary action by the Medical Disciplinary
3		Board or by any other occupational or professional licensing
4		board, solely for providing written certifications or for
5		otherwise stating that, in the certifying health care
6		professional's professional opinion, a patient is likely to
7		receive therapeutic or palliative benefit from the medical use
8		of cannabis to treat or alleviate the patient's debilitating
9		medical condition or symptoms associated with the debilitating
10		medical condition, provided that nothing shall prevent a
11		professional licensing or disciplinary board from sanctioning
12		a certifying health care professional for: (1) issuing a
13		written certification to a patient who is not under the
14		certifying health care professional's care for a debilitating
15		medical condition; or (2) failing to properly evaluate a
16		patient's medical condition or otherwise violating the
17		standard of care for evaluating medical conditions.
18		(f) No person may be subject to arrest, prosecution, or
19		denial of any right or privilege, including, but not limited
20		to, civil penalty or disciplinary action by an occupational or
21		professional licensing board, solely for: (1) selling cannabis
22		paraphernalia to a cardholder upon presentation of an
23		unexpired registry identification card in the recipient's name
24		or Opioid Alternative Patient Program participant upon
25		verification of certification, if employed and registered as a
26		dispensing agent by a registered dispensing organization; (2)

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1		being in the presence or vicinity of the medical use of
2		cannabis as allowed under this Act; or (3) assisting a
3		registered qualifying patient with the act of administering
4		cannabis.
5		(g) A registered cultivation center is not subject to
6		prosecution; search or inspection, except by the Department of
7		Agriculture, Department of Public Health, or State or local
8		law enforcement under Section 130; seizure; or penalty in any
9		manner, or denial of any right or privilege, including, but
10		not limited to, civil penalty or disciplinary action by a
11		business licensing board or entity, for acting under this Act
12		and Department of Agriculture rules to: acquire, possess,
13		cultivate, manufacture, deliver, transfer, transport, supply,
14		or sell cannabis to registered dispensing organizations.
15		(h) A registered cultivation center agent is not subject
16		to prosecution, search, or penalty in any manner, or denial of
17		any right or privilege, including, but not limited to, civil
18		penalty or disciplinary action by a business licensing board
19		or entity, for working or volunteering for a registered
20		cannabis cultivation center under this Act and Department of
21		Agriculture rules, including to perform the actions listed
22		under subsection (g).
23		(i) A registered dispensing organization is not subject to
24		prosecution; search or inspection, except by the Department of
25		Financial and Professional Regulation or State or local law
26		enforcement pursuant to Section 130; seizure; or penalty in

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1		any manner, or denial of any right or privilege, including,
2		but not limited to, civil penalty or disciplinary action by a
3		business licensing board or entity, for acting under this Act
4		and Department of Financial and Professional Regulation rules
5		to: acquire, possess, or dispense cannabis, or related
6		supplies, and educational materials to registered qualifying
7		patients or registered designated caregivers on behalf of
8		registered qualifying patients.
9		(j) A registered dispensing organization agent is not
10		subject to prosecution, search, or penalty in any manner, or
11		denial of any right or privilege, including, but not limited
12		to, civil penalty or disciplinary action by a business
13		licensing board or entity, for working or volunteering for a
14		dispensing organization under this Act and Department of
15		Financial and Professional Regulation rules, including to
16		perform the actions listed under subsection (i).
17		(k) Any cannabis, cannabis paraphernalia, illegal
18		property, or interest in legal property that is possessed,
19		owned, or used in connection with the medical use of cannabis
20		as allowed under this Act, or acts incidental to that use, may
21		not be seized or forfeited. This Act does not prevent the
22		seizure or forfeiture of cannabis exceeding the amounts
23		allowed under this Act or the Cannabis Regulation and Tax Act,
24		nor shall it prevent seizure or forfeiture if the basis for the
25		action is unrelated to the cannabis that is possessed,
26		manufactured, transferred, or used under this Act or the

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1		Cannabis Regulation and Tax Act.
2		(l) Mere possession of, or application for, a registry
3		identification card or registration certificate does not
4		constitute probable cause or reasonable suspicion, nor shall
5		it be used as the sole basis to support the search of the
6		person, property, or home of the person possessing or applying
7		for the registry identification card. The possession of, or
8		application for, a registry identification card does not
9		preclude the existence of probable cause if probable cause
10		exists on other grounds.
11		(m) Nothing in this Act shall preclude local or State law
12		enforcement agencies from searching a registered cultivation
13		center where there is probable cause to believe that the
14		criminal laws of this State have been violated and the search
15		is conducted in conformity with the Illinois Constitution, the
16		Constitution of the United States, and all State statutes.
17		(n) Nothing in this Act shall preclude local or State law
18		enforcement agencies from searching a registered dispensing
19		organization where there is probable cause to believe that the
20		criminal laws of this State have been violated and the search
21		is conducted in conformity with the Illinois Constitution, the
22		Constitution of the United States, and all State statutes.
23		(o) No individual employed by the State of Illinois shall
24		be subject to criminal or civil penalties for taking any
25		action in accordance with the provisions of this Act, when the
26		actions are within the scope of his or her employment.

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1		Representation and indemnification of State employees shall be
2		provided to State employees as set forth in Section 2 of the
3		State Employee Indemnification Act.
4		(p) No law enforcement or correctional agency, nor any
5		individual employed by a law enforcement or correctional
6		agency, shall be subject to criminal or civil liability,
7		except for willful and wanton misconduct, as a result of
8		taking any action within the scope of the official duties of
9		the agency or individual to prohibit or prevent the possession
10		or use of cannabis by a cardholder or Opioid Alternative
11		Patient Program participant incarcerated at a correctional
12		facility, jail, or municipal lockup facility, on parole or
13		mandatory supervised release, or otherwise under the lawful
14		jurisdiction of the agency or individual.
15		(Source: P.A. 101-363, eff. 8-19-19; 101-370, eff. 1-1-20;
16		102-558, eff. 8-20-21.)
17		(410 ILCS 130/30)
18		Sec. 30. Limitations and penalties.
19		(a) This Act does not permit any person to engage in, and
20		does not prevent the imposition of any civil, criminal, or
21		other penalties for engaging in, the following conduct:
22		(1) Undertaking any task under the influence of
23		cannabis, when doing so would constitute negligence,
24		professional malpractice, or professional misconduct;
25		(2) Possessing cannabis:

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1		(A) except as provided under Section 22-33 of the
2		School Code, in a school bus;
3		(B) except as provided under Section 22-33 of the
4		School Code, on the grounds of any preschool or
5		primary or secondary school;
6		(C) in any correctional facility;
7		(D) in a vehicle under Section 11-502.1 of the
8		Illinois Vehicle Code;
9		(E) in a vehicle not open to the public unless the
10		medical cannabis is in a reasonably secured, sealed
11		container and reasonably inaccessible while the
12		vehicle is moving; or
13		(F) in a private residence that is used at any time
14		to provide licensed child care or other similar social
15		service care on the premises;
16		(3) Using cannabis:
17		(A) except as provided under Section 22-33 of the
18		School Code, in a school bus;
19		(B) except as provided under Section 22-33 of the
20		School Code, on the grounds of any preschool or
21		primary or secondary school;
22		(C) in any correctional facility;
23		(D) in any motor vehicle;
24		(E) in a private residence that is used at any time
25		to provide licensed child care or other similar social
26		service care on the premises;

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1		(F) except as provided under Section 22-33 of the
2		School Code and Section 31 of this Act, in any public
3		place. "Public place" as used in this subsection means
4		any place where an individual could reasonably be
5		expected to be observed by others. A "public place"
6		includes all parts of buildings owned in whole or in
7		part, or leased, by the State or a local unit of
8		government. A "public place" does not include a
9		private residence unless the private residence is used
10		to provide licensed child care, foster care, or other
11		similar social service care on the premises. For
12		purposes of this subsection, a "public place" does not
13		include a health care facility. For purposes of this
14		Section, a "health care facility" includes, but is not
15		limited to, hospitals, nursing homes, hospice care
16		centers, and long-term care facilities;
17		(G) except as provided under Section 22-33 of the
18		School Code and Section 31 of this Act, knowingly in
19		close physical proximity to anyone under the age of 18
20		years of age;
21		(4) Smoking medical cannabis in any public place where
22		an individual could reasonably be expected to be observed
23		by others, in a health care facility, or any other place
24		where smoking is prohibited under the Smoke Free Illinois
25		Act;
26		(5) Operating, navigating, or being in actual physical

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1		control of any motor vehicle, aircraft, or motorboat while
2		using or under the influence of cannabis in violation of
3		Sections 11-501 and 11-502.1 of the Illinois Vehicle Code;
4		(6) Using or possessing cannabis if that person does
5		not have a debilitating medical condition and is not a
6		registered qualifying patient or caregiver;
7		(7) Allowing any person who is not allowed to use
8		cannabis under this Act to use cannabis that a cardholder
9		is allowed to possess under this Act;
10		(8) Transferring cannabis to any person contrary to
11		the provisions of this Act;
12		(9) The use of medical cannabis by an active duty law
13		enforcement officer, correctional officer, correctional
14		probation officer, or firefighter; or
15		(10) The use of medical cannabis by a person who has a
16		school bus permit or a Commercial Driver's License.
17		(b) Nothing in this Act shall be construed to prevent the
18		arrest or prosecution of a registered qualifying patient for
19		reckless driving or driving under the influence of cannabis
20		where probable cause exists.
21		(c) Notwithstanding any other criminal penalties related
22		to the unlawful possession of cannabis, knowingly making a
23		misrepresentation to a law enforcement official of any fact or
24		circumstance relating to the medical use of cannabis to avoid
25		arrest or prosecution is a petty offense punishable by a fine
26		of up to $1,000, which shall be in addition to any other

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1		penalties that may apply for making a false statement or for
2		the use of cannabis other than use undertaken under this Act.
3		(d) Notwithstanding any other criminal penalties related
4		to the unlawful possession of cannabis, any person who makes a
5		misrepresentation of a medical condition to a certifying
6		health care professional or fraudulently provides material
7		misinformation to a certifying health care professional in
8		order to obtain a written certification is guilty of a petty
9		offense punishable by a fine of up to $1,000.
10		(e) Any registered qualifying patient, provisional
11		patient, designated cardholder or registered caregiver, or
12		Opioid Alternative Patient Program participant who sells
13		cannabis shall have his or her registry identification card
14		revoked and is subject to other penalties for the unauthorized
15		sale of cannabis.
16		(f) Any registered qualifying patient, provisional
17		patient, or Opioid Alternative Patient Program participant who
18		commits a violation of Section 11-502.1 of the Illinois
19		Vehicle Code or refuses a properly requested test related to
20		operating a motor vehicle while under the influence of
21		cannabis shall have his or her registry identification card
22		revoked.
23		(g) No registered qualifying patient, provisional patient,
24		or designated caregiver, or Opioid Alternative Patient Program
25		participant shall knowingly obtain, seek to obtain, or
26		possess, individually or collectively, an amount of usable

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1		cannabis from a registered medical cannabis dispensing
2		organization that would cause him or her to exceed the
3		authorized adequate medical supply under subsection (a) of
4		Section 10.
5		(h) Nothing in this Act shall prevent a private business
6		from restricting or prohibiting the medical use of cannabis on
7		its property.
8		(i) Nothing in this Act shall prevent a university,
9		college, or other institution of post-secondary education from
10		restricting or prohibiting the use of medical cannabis on its
11		property.
12		(Source: P.A. 101-363, eff. 8-9-19; 102-67, eff. 7-9-21.)
13		(410 ILCS 130/35)
14		Sec. 35. Certifying health care professional requirements.
15		(a) A certifying health care professional who certifies a
16		debilitating medical condition for a qualifying patient shall
17		comply with all of the following requirements:
18		(1) The certifying health care professional shall be
19		currently licensed under the Medical Practice Act of 1987
20		to practice medicine in all its branches, the Nurse
21		Practice Act, or the Physician Assistant Practice Act of
22		1987, shall be in good standing, and must hold a
23		controlled substances license under Article III of the
24		Illinois Controlled Substances Act.
25		(2) A certifying health care professional certifying a

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1		patient's condition shall comply with generally accepted
2		standards of medical practice, the provisions of the Act
3		under which he or she is licensed and all applicable
4		rules.
5		(3) The physical examination required by this Act may
6		not be performed by remote means, including telemedicine.
7		(4) The certifying health care professional shall
8		maintain a record-keeping system for all patients for whom
9		the certifying health care professional has certified the
10		patient's medical condition. These records shall be
11		accessible to and subject to review by the Department of
12		Public Health and the Department of Financial and
13		Professional Regulation upon request.
14		(b) A certifying health care professional may not:
15		(1) accept, solicit, or offer any form of remuneration
16		from or to a qualifying patient, provisional patient,
17		designated primary caregiver, Opioid Alternative Patient
18		Program participant, cultivation center, or dispensing
19		organization, including each principal officer, board
20		member, agent, and employee, to certify a patient, other
21		than accepting payment from a patient for the fee
22		associated with the required examination, except for the
23		limited purpose of performing a medical cannabis-related
24		research study;
25		(1.5) accept, solicit, or offer any form of
26		remuneration from or to a medical cannabis cultivation

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1		center or dispensary organization for the purposes of
2		referring a patient to a specific dispensary organization;
3		(1.10) engage in any activity that is prohibited under
4		Section 22.2 of the Medical Practice Act of 1987,
5		regardless of whether the certifying health care
6		professional is a physician, advanced practice registered
7		nurse, or physician assistant;
8		(2) offer a discount of any other item of value to a
9		qualifying patient, provisional patient, designated
10		caregiver, or Opioid Alternative Patient Program
11		participant who uses or agrees to use a particular
12		designated primary caregiver or dispensing organization to
13		obtain medical cannabis;
14		(3) conduct a personal certifying physical examination
15		of a patient for purposes of diagnosing a debilitating
16		medical condition at a location where medical cannabis is
17		sold or distributed or at the address of a principal
18		officer, agent, or employee or a medical cannabis
19		organization;
20		(4) hold a direct or indirect economic interest in a
21		cultivation center or dispensing organization if he or she
22		recommends the use of medical cannabis to qualified
23		patients or is in a partnership or other fee or
24		profit-sharing relationship with a certifying health care
25		professional who recommends medical cannabis, except for
26		the limited purpose of performing a medical

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1		cannabis-related research study;
2		(5) serve on the board of directors or as an employee
3		of a cultivation center or dispensing organization;
4		(6) refer patients to a cultivation center, a
5		dispensing organization, or a registered designated
6		caregiver; or
7		(7) advertise in a cultivation center or a dispensing
8		organization.
9		(c) The Department of Public Health may with reasonable
10		cause refer a certifying health care professional, who has
11		certified a debilitating medical condition of a patient, to
12		the Illinois Department of Financial and Professional
13		Regulation for potential violations of this Section.
14		(d) Any violation of this Section or any other provision
15		of this Act or rules adopted under this Act is a violation of
16		the certifying health care professional's licensure act.
17		(e) A certifying health care professional who certifies a
18		debilitating medical condition for a qualifying patient may
19		notify the Department of Public Health in writing: (1) if the
20		certifying health care professional has reason to believe
21		either that the registered qualifying patient has ceased to
22		suffer from a debilitating medical condition; (2) that the
23		bona fide health care professional-patient relationship has
24		terminated; or (3) that continued use of medical cannabis
25		would result in contraindication with the patient's other
26		medication. The registered qualifying patient's registry

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1		identification card shall be revoked by the Department of
2		Public Health after receiving the certifying health care
3		professional's notification.
4		(f) Nothing in this Act shall preclude a certifying health
5		care professional from referring a patient for health
6		services, except when the referral is limited to certification
7		purposes only, under this Act.
8		(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
9		(410 ILCS 130/57)
10		Sec. 57. Designated caregivers Qualifying patients.
11		(a) Qualifying patients or provisional patients that are
12		under the age of 18 years shall not be prohibited from
13		appointing up to 3 designated caregivers who meet the
14		definition of "designated caregiver" under Section 10 so long
15		as at least one designated caregiver is a biological parent or
16		legal guardian.
17		(b) Qualifying patients and provisional patients that are
18		18 years of age or older shall not be prohibited from
19		appointing up to 3 designated caregivers who meet the
20		definition of "designated caregiver" under Section 10.
21		(c) Beginning 90 days after the effective date of this
22		amendatory Act of the 104th General Assembly, designated
23		caregivers, qualifying patients, provisions patients, and
24		Opioid Alternative Patient Program participants registered
25		under this Act may purchase an adequate medical supply at any

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1		dispensing organization that has been issued a Medical
2		Cannabis Dispensing Organization license by the Department of
3		Financial and Professional Regulation pursuant to Section
4		15-37 of the Cannabis Regulation and Tax Act.
5		(Source: P.A. 101-363, eff. 8-9-19.)
6		(410 ILCS 130/60)
7		Sec. 60. Issuance of registry identification cards.
8		(a) Except as provided in subsection (b), the Department
9		of Public Health shall:
10		(1) verify the information contained in an application
11		or renewal for a registry identification card submitted
12		under this Act, and approve or deny an application or
13		renewal, within 90 days of receiving a completed
14		application or renewal application and all supporting
15		documentation specified in Section 55;
16		(2) issue registry identification cards to a
17		qualifying patient and his or her designated caregiver, if
18		any, within 15 business days of approving the application
19		or renewal; and
20		(3) enter the registry identification number of the
21		registered dispensing organization the patient designates
22		into the verification system; and
23		(3) (4) allow for an electronic application process,
24		and provide a confirmation by electronic or other methods
25		that an application has been submitted.

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1		Notwithstanding any other provision of this Act, the
2		Department of Public Health shall adopt rules for qualifying
3		patients and applicants with life-long debilitating medical
4		conditions, who may be charged annual renewal fees. The
5		Department of Public Health shall not require patients and
6		applicants with life-long debilitating medical conditions to
7		apply to renew registry identification cards.
8		(b) The Department of Public Health may not issue a
9		registry identification card to a qualifying patient who is
10		under 18 years of age, unless that patient suffers from
11		seizures, including those characteristic of epilepsy, or as
12		provided by administrative rule. The Department of Public
13		Health shall adopt rules for the issuance of a registry
14		identification card for qualifying patients who are under 18
15		years of age and suffering from seizures, including those
16		characteristic of epilepsy. The Department of Public Health
17		may adopt rules to allow other individuals under 18 years of
18		age to become registered qualifying patients under this Act
19		with the consent of a parent or legal guardian. Registered
20		qualifying patients under 18 years of age shall be prohibited
21		from consuming forms of cannabis other than medical cannabis
22		infused products and purchasing any usable cannabis.
23		(c) A veteran who has received treatment at a VA hospital
24		is deemed to have a bona fide health care professional-patient
25		relationship with a VA certifying health care professional if
26		the patient has been seen for his or her debilitating medical

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1		condition at the VA hospital in accordance with VA hospital
2		protocols. All reasonable inferences regarding the existence
3		of a bona fide health care professional-patient relationship
4		shall be drawn in favor of an applicant who is a veteran and
5		has undergone treatment at a VA hospital.
6		(c-10) An individual who submits an application as someone
7		who is terminally ill shall have all fees waived. The
8		Department of Public Health shall within 30 days after this
9		amendatory Act of the 99th General Assembly adopt emergency
10		rules to expedite approval for terminally ill individuals.
11		These rules shall include, but not be limited to, rules that
12		provide that applications by individuals with terminal
13		illnesses shall be approved or denied within 14 days of their
14		submission.
15		(d) No later than 6 months after the effective date of this
16		amendatory Act of the 101st General Assembly, the Secretary of
17		State shall remove all existing notations on driving records
18		that the person is a registered qualifying patient or his or
19		her caregiver under this Act.
20		(e) Upon the approval of the registration and issuance of
21		a registry card under this Section, the Department of Public
22		Health shall electronically forward the registered qualifying
23		patient's identification card information to the Prescription
24		Monitoring Program established under the Illinois Controlled
25		Substances Act and certify that the individual is permitted to
26		engage in the medical use of cannabis. For the purposes of

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1		patient care, the Prescription Monitoring Program shall make a
2		notation on the person's prescription record stating that the
3		person is a registered qualifying patient who is entitled to
4		the lawful medical use of cannabis. If the person no longer
5		holds a valid registry card, the Department of Public Health
6		shall notify the Prescription Monitoring Program and
7		Department of Human Services to remove the notation from the
8		person's record. The Department of Human Services and the
9		Prescription Monitoring Program shall establish a system by
10		which the information may be shared electronically. This
11		confidential list may not be combined or linked in any manner
12		with any other list or database except as provided in this
13		Section.
14		(f) (Blank).
15		(g) Identifying information of registered qualifying
16		patients is confidential and may not be combined or linked in
17		any manner with any other list or database, except (i) as
18		provided in this Section, (ii) to support the statutory
19		purpose of the Adult Use Cannabis Health Advisory Committee,
20		the Medical Cannabis Advisory Board, the Illinois Department
21		of Public Health, or the Illinois Department of Human
22		Services, or (iii) to support other medical research into the
23		effects of medical cannabis, so long as the data are readily
24		available, the requesting organization has standing as a
25		research institution, the research is approved by the
26		Department's Institutional Review Board and is compliant with

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1		data governance, privacy regulations, including 45 CFR
2		164.512(i), as applicable, and other requirements as
3		determined by the Department, and the identifying information
4		of registered qualifying patients is removed after being used
5		to match with other datasets. All research must protect and
6		maintain the anonymity of medical cannabis patients and shall
7		include only data related to patients who submitted initial
8		applications after the effective date of this amendatory Act
9		of the 104th General Assembly.
10		(Source: P.A. 100-1114, eff. 8-28-18; 101-363, eff. 8-9-19;
11		101-593, eff. 12-4-19.)
12		(410 ILCS 130/62)
13		Sec. 62. Opioid Alternative Patient Pilot Program.
14		(a) The Department of Public Health shall establish the
15		Opioid Alternative Patient Pilot Program. Licensed dispensing
16		organizations shall allow persons with a written certification
17		from a certifying health care professional under Section 36 to
18		purchase medical cannabis upon enrollment in the Opioid
19		Alternative Patient Pilot Program. The Department of Public
20		Health shall adopt rules or establish procedures allowing
21		qualified veterans to participate in the Opioid Alternative
22		Patient Pilot Program. For a person to receive medical
23		cannabis under this Section, the person must present the
24		written certification along with a valid driver's license or
25		state identification card to the licensed dispensing

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1		organization specified in his or her application. The
2		dispensing organization shall verify the person's status as an
3		Opioid Alternative Patient Pilot Program participant through
4		the Department of Public Health's online verification system.
5		(b) The Opioid Alternative Patient Pilot Program shall be
6		limited to participation by Illinois residents age 21 and
7		older.
8		(c) The Department of Financial and Professional
9		Regulation shall specify that all licensed dispensing
10		organizations participating in the Opioid Alternative Patient
11		Pilot Program use the Illinois Cannabis Tracking System. The
12		Department of Public Health shall establish and maintain the
13		Illinois Cannabis Tracking System. The Illinois Cannabis
14		Tracking System shall be used to collect information about all
15		persons participating in the Opioid Alternative Patient Pilot
16		Program and shall be used to track the sale of medical cannabis
17		for verification purposes.
18		Each dispensing organization shall retain a copy of the
19		Opioid Alternative Patient Pilot Program certification and
20		other identifying information as required by the Department of
21		Financial and Professional Regulation, the Department of
22		Public Health, and the Illinois State Police in the Illinois
23		Cannabis Tracking System.
24		The Illinois Cannabis Tracking System shall be accessible
25		to the Department of Financial and Professional Regulation,
26		Department of Public Health, Department of Agriculture, and

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1		the Illinois State Police.
2		The Department of Financial and Professional Regulation in
3		collaboration with the Department of Public Health shall
4		specify the data requirements for the Opioid Alternative
5		Patient Pilot Program by licensed dispensing organizations;
6		including, but not limited to, the participant's full legal
7		name, address, and date of birth, date on which the Opioid
8		Alternative Patient Pilot Program certification was issued,
9		length of the participation in the Program, including the
10		start and end date to purchase medical cannabis, name of the
11		issuing physician, copy of the participant's current driver's
12		license or State identification card, and phone number.
13		The Illinois Cannabis Tracking System shall provide
14		verification of a person's participation in the Opioid
15		Alternative Patient Pilot Program for law enforcement at any
16		time and on any day.
17		(d) The certification for Opioid Alternative Patient Pilot
18		Program participant must be issued by a certifying health care
19		professional who is licensed to practice in Illinois under the
20		Medical Practice Act of 1987, the Nurse Practice Act, or the
21		Physician Assistant Practice Act of 1987 and who is in good
22		standing and holds a controlled substances license under
23		Article III of the Illinois Controlled Substances Act.
24		The certification for an Opioid Alternative Patient Pilot
25		Program participant shall be written within 90 days before the
26		participant submits his or her certification to the dispensing

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1		organization.
2		The written certification uploaded to the Illinois
3		Cannabis Tracking System shall be accessible to the Department
4		of Public Health.
5		(e) Upon verification of the individual's valid
6		certification and enrollment in the Illinois Cannabis Tracking
7		System, the dispensing organization may dispense the medical
8		cannabis, in amounts not exceeding 2.5 ounces of medical
9		cannabis per 14-day period to the participant at the
10		participant's specified dispensary for no more than 90 days.
11		An Opioid Alternative Patient Pilot Program participant
12		shall not be registered as a medical cannabis cardholder. The
13		dispensing organization shall verify that the person is not an
14		active registered qualifying patient prior to enrollment in
15		the Opioid Alternative Patient Pilot Program and each time
16		medical cannabis is dispensed.
17		Upon receipt of a written certification under the Opioid
18		Alternative Patient Pilot Program, the Department of Public
19		Health shall electronically forward the patient's
20		identification information to the Prescription Monitoring
21		Program established under the Illinois Controlled Substances
22		Act and certify that the individual is permitted to engage in
23		the medical use of cannabis. For the purposes of patient care,
24		the Prescription Monitoring Program shall make a notation on
25		the person's prescription record stating that the person has a
26		written certification under the Opioid Alternative Patient

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1		Pilot Program and is a patient who is entitled to the lawful
2		medical use of cannabis. If the person is no longer authorized
3		to engage in the medical use of cannabis, the Department of
4		Public Health shall notify the Prescription Monitoring Program
5		and Department of Human Services to remove the notation from
6		the person's record. The Department of Human Services and the
7		Prescription Monitoring Program shall establish a system by
8		which the information may be shared electronically. This
9		confidential list may not be combined or linked in any manner
10		with any other list or database except as provided in this
11		Section.
12		(e-5) The confidential list described in subsection (a) of
13		Section 150 may not be combined or linked in any manner with
14		any other list or database, except as provided in this
15		Section. The confidential list may be linked by the Department
16		of Public Health so long as the data are readily available, the
17		requesting organization has standing as a bona fide agent of
18		the Department of Public Health, the research is approved by
19		the Department's Institutional Review Board, and the research
20		is compliant with data governance, privacy, and other
21		requirements as determined by the Department. All research
22		must protect and maintain the anonymity of medical cannabis
23		patients and shall include only data related to patients who
24		have provided consent. The Department shall adopt rules to
25		define a bona fide agent, the application process,
26		confidentiality protections, and any other requirements it

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1		deems necessary for the implementation of this Section.
2		(f) An Opioid Alternative Patient Pilot Program
3		participant shall not be considered a qualifying patient with
4		a debilitating medical condition under this Act and shall be
5		provided access to medical cannabis solely for the duration of
6		the participant's certification. Nothing in this Section shall
7		be construed to limit or prohibit an Opioid Alternative
8		Patient Pilot Program participant who has a debilitating
9		medical condition from applying to the Compassionate Use of
10		Medical Cannabis Program.
11		(g) A person with a provisional registration under Section
12		55 shall not be considered an Opioid Alternative Patient Pilot
13		Program participant.
14		(h) (Blank). The Department of Financial and Professional
15		Regulation and the Department of Public Health shall submit
16		emergency rulemaking to implement the changes made by this
17		amendatory Act of the 100th General Assembly by December 1,
18		2018. The Department of Financial and Professional Regulation,
19		the Department of Agriculture, the Department of Human
20		Services, the Department of Public Health, and the Illinois
21		State Police shall utilize emergency purchase authority for 12
22		months after the effective date of this amendatory Act of the
23		100th General Assembly for the purpose of implementing the
24		changes made by this amendatory Act of the 100th General
25		Assembly.
26		(i) Dispensing organizations are not authorized to

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1		dispense medical cannabis to Opioid Alternative Patient Pilot
2		Program participants until administrative rules are approved
3		by the Joint Committee on Administrative Rules and go into
4		effect.
5		(j) (Blank). The provisions of this Section are
6		inoperative on and after July 1, 2025.
7		(Source: P.A. 101-363, eff. 8-9-19; 102-16, eff. 6-17-21.)
8		(410 ILCS 130/70)
9		Sec. 70. Registry identification cards.
10		(a) A registered qualifying patient or designated
11		caregiver must keep their registry identification card in his
12		or her possession at all times when engaging in the medical use
13		of cannabis.
14		(b) Registry identification cards shall contain the
15		following:
16		(1) the name of the cardholder;
17		(2) a designation of whether the cardholder is a
18		designated caregiver or qualifying patient;
19		(3) the date of issuance and expiration date of the
20		registry identification card;
21		(4) a random alphanumeric identification number that
22		is unique to the cardholder;
23		(5) if the cardholder is a designated caregiver, the
24		random alphanumeric identification number of the
25		registered qualifying patient the designated caregiver is

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1		receiving the registry identification card to assist; and
2		(6) a photograph of the cardholder, if required by
3		Department of Public Health rules.
4		(c) To maintain a valid registration identification card,
5		a registered qualifying patient and designated caregiver must
6		annually resubmit, at least 45 days prior to the expiration
7		date stated on the registry identification card, a completed
8		renewal application, renewal fee, and accompanying
9		documentation as described in Department of Public Health
10		rules. The Department of Public Health shall send a
11		notification to a registered qualifying patient or registered
12		designated caregiver 90 days prior to the expiration of the
13		registered qualifying patient's or registered designated
14		caregiver's identification card. If the Department of Public
15		Health fails to grant or deny a renewal application received
16		in accordance with this Section, then the renewal is deemed
17		granted and the registered qualifying patient or registered
18		designated caregiver may continue to use the expired
19		identification card until the Department of Public Health
20		denies the renewal or issues a new identification card.
21		(d) Except as otherwise provided in this Section, the
22		expiration date is 3 years after the date of issuance.
23		(e) The Department of Public Health may electronically
24		store in the card any or all of the information listed in
25		subsection (b), along with the address and date of birth of the
26		cardholder and the qualifying patient's designated dispensary

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1		organization, to allow it to be read by law enforcement
2		agents.
3		(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
4		(410 ILCS 130/75)
5		Sec. 75. Notifications to Department of Public Health and
6		responses; civil penalty.
7		(a) The following notifications and Department of Public
8		Health responses are required:
9		(1) A registered qualifying patient or Opioid
10		Alternative Patient Program participant shall notify the
11		Department of Public Health of any change in his or her
12		name or address, or if the registered qualifying patient
13		ceases to have his or her debilitating medical condition,
14		within 10 days of the change.
15		(2) A registered designated caregiver shall notify the
16		Department of Public Health of any change in his or her
17		name or address, or if the designated caregiver becomes
18		aware the registered qualifying patient passed away,
19		within 10 days of the change.
20		(3) Before a registered qualifying patient changes his
21		or her designated caregiver, the qualifying patient must
22		notify the Department of Public Health.
23		(4) (Blank). If a cardholder loses his or her registry
24		identification card, he or she shall notify the Department
25		within 10 days of becoming aware the card has been lost.

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1		(b) When a cardholder notifies the Department of Public
2		Health of items listed in subsection (a), but remains eligible
3		under this Act, the Department of Public Health shall issue
4		the cardholder a new registry identification card with a new
5		random alphanumeric identification number within 15 business
6		days of receiving the updated information and a fee as
7		specified in Department of Public Health rules. If the person
8		notifying the Department of Public Health is a registered
9		qualifying patient, the Department shall also issue his or her
10		registered designated caregiver, if any, a new registry
11		identification card within 15 business days of receiving the
12		updated information.
13		(c) If a registered qualifying patient ceases to be a
14		registered qualifying patient or changes his or her registered
15		designated caregiver, the Department of Public Health shall
16		promptly notify the designated caregiver. The registered
17		designated caregiver's protections under this Act as to that
18		qualifying patient shall expire 15 days after notification by
19		the Department.
20		(d) A cardholder who fails to make a notification to the
21		Department of Public Health that is required by this Section
22		is subject to a civil infraction, punishable by a penalty of no
23		more than $150.
24		(e) (Blank). A registered qualifying patient shall notify
25		the Department of Public Health of any change to his or her
26		designated registered dispensing organization. The Department

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1		of Public Health shall provide for immediate changes of a
2		registered qualifying patient's designated registered
3		dispensing organization. Registered dispensing organizations
4		must comply with all requirements of this Act.
5		(f) If the registered qualifying patient's certifying
6		health care professional notifies the Department in writing
7		that either the registered qualifying patient or Opioid
8		Alternative Patient Program participant has ceased to suffer
9		from a debilitating medical condition, that the bona fide
10		health care professional-patient relationship has terminated,
11		or that continued use of medical cannabis would result in
12		contraindication with the patient's other medication, the card
13		shall become null and void. However, the registered qualifying
14		patient shall have 15 days to destroy his or her remaining
15		medical cannabis and related paraphernalia.
16		(Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)
17		(410 ILCS 130/85)
18		Sec. 85. Issuance and denial of medical cannabis
19		cultivation permit.
20		(a) The Department of Agriculture may register up to 22
21		cultivation center registrations for operation. The Department
22		of Agriculture may not issue more than one registration per
23		each Illinois State Police District boundary as specified on
24		the date of January 1, 2013. The Department of Agriculture may
25		not issue less than the 22 registrations if there are

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1		qualified applicants who have applied with the Department.
2		(b) The registrations shall be issued and renewed annually
3		as determined by administrative rule.
4		(c) The Department of Agriculture shall determine a
5		registration fee by rule.
6		(d) A cultivation center may only operate if it has been
7		issued a valid registration from the Department of
8		Agriculture. When applying for a cultivation center
9		registration, the applicant shall submit the following in
10		accordance with Department of Agriculture rules:
11		(1) the proposed legal name of the cultivation center;
12		(2) the proposed physical address of the cultivation
13		center and description of the enclosed, locked facility as
14		it applies to cultivation centers where medical cannabis
15		will be grown, harvested, manufactured, packaged, or
16		otherwise prepared for distribution to a dispensing
17		organization;
18		(3) the name, address, and date of birth of each
19		principal officer and board member of the cultivation
20		center, provided that all those individuals shall be at
21		least 21 years of age;
22		(4) any instance in which a business that any of the
23		prospective board members of the cultivation center had
24		managed or served on the board of the business and was
25		convicted, fined, censured, or had a registration or
26		license suspended or revoked in any administrative or

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1		judicial proceeding;
2		(5) cultivation, inventory, and packaging plans;
3		(6) proposed operating by-laws that include procedures
4		for the oversight of the cultivation center, development
5		and implementation of a plant monitoring system, medical
6		cannabis container tracking system, accurate record
7		keeping, staffing plan, and security plan reviewed by the
8		Illinois State Police that are in accordance with the
9		rules issued by the Department of Agriculture under this
10		Act. A physical inventory shall be performed of all plants
11		and medical cannabis containers on a weekly basis;
12		(7) experience with agricultural cultivation
13		techniques and industry standards;
14		(8) any academic degrees, certifications, or relevant
15		experience with related businesses;
16		(9) the identity of every person, association, trust,
17		or corporation having any direct or indirect pecuniary
18		interest in the cultivation center operation with respect
19		to which the registration is sought. If the disclosed
20		entity is a trust, the application shall disclose the
21		names and addresses of the beneficiaries; if a
22		corporation, the names and addresses of all stockholders
23		and directors; if a partnership, the names and addresses
24		of all partners, both general and limited;
25		(10) verification from the Illinois State Police that
26		all background checks of the principal officer, board

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1		members, and registered agents have been conducted and
2		those individuals have not been convicted of an excluded
3		offense;
4		(11) provide a copy of the current local zoning
5		ordinance to the Department of Agriculture and verify that
6		proposed cultivation center is in compliance with the
7		local zoning rules issued in accordance with Section 140;
8		(12) an application fee set by the Department of
9		Agriculture by rule; and
10		(13) any other information required by Department of
11		Agriculture rules, including, but not limited to a
12		cultivation center applicant's experience with the
13		cultivation of agricultural or horticultural products,
14		operating an agriculturally related business, or operating
15		a horticultural business.
16		(e) An application for a cultivation center permit must be
17		denied if any of the following conditions are met:
18		(1) the applicant failed to submit the materials
19		required by this Section, including if the applicant's
20		plans do not satisfy the security, oversight, inventory,
21		or recordkeeping rules issued by the Department of
22		Agriculture;
23		(2) the applicant would not be in compliance with
24		local zoning rules issued in accordance with Section 140;
25		(3) (blank); one or more of the prospective principal
26		officers or board members has been convicted of an

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1		excluded offense;
2		(4) one or more of the prospective principal officers
3		or board members has served as a principal officer or
4		board member for a registered dispensing organization or
5		cultivation center that has had its registration revoked;
6		(5) one or more of the principal officers or board
7		members is under 21 years of age;
8		(6) (blank); a principal officer or board member of
9		the cultivation center has been convicted of a felony
10		under the laws of this State, any other state, or the
11		United States;
12		(7) (blank); or a principal officer or board member of
13		the cultivation center has been convicted of any violation
14		of Article 28 of the Criminal Code of 2012, or
15		substantially similar laws of any other jurisdiction; or
16		(8) the person has submitted an application for a
17		certificate under this Act which contains false
18		information.
19		(Source: P.A. 102-538, eff. 8-20-21.)
20		(410 ILCS 130/100)
21		Sec. 100. Cultivation center agent identification card.
22		(a) The Department of Agriculture shall:
23		(1) verify the information contained in an application
24		or renewal for a cultivation center identification card
25		submitted under this Act, and approve or deny an

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1		application or renewal, within 30 days of receiving a
2		completed application or renewal application and all
3		supporting documentation required by rule;
4		(2) issue a cultivation center agent identification
5		card to a qualifying agent within 15 business days of
6		approving the application or renewal;
7		(3) enter the registry identification number of the
8		cultivation center where the agent works; and
9		(4) allow for an electronic application process, and
10		provide a confirmation by electronic or other methods that
11		an application has been submitted.
12		(b) A cultivation center agent must keep his or her
13		identification card visible at all times when on the property
14		of a cultivation center and during the transportation of
15		medical cannabis to a registered dispensary organization.
16		(c) The cultivation center agent identification cards
17		shall contain the following:
18		(1) the name of the cardholder;
19		(2) the date of issuance and expiration date of
20		cultivation center agent identification cards;
21		(3) a random 10-digit alphanumeric identification
22		number containing at least 4 numbers and at least 4
23		letters that is unique to the holder; and
24		(4) a photograph of the cardholder.
25		(d) The cultivation center agent identification cards
26		shall be immediately returned to the cultivation center upon

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1		termination of employment.
2		(e) Any card lost by a cultivation center agent shall be
3		reported to the Illinois State Police and the Department of
4		Agriculture immediately upon discovery of the loss.
5		(f) (Blank). An applicant shall be denied a cultivation
6		center agent identification card if he or she has been
7		convicted of an excluded offense.
8		(g) An agent applicant may begin employment at a
9		cultivation center while the agent applicant's identification
10		card application is pending. Upon approval, the Department
11		shall issue the agent's identification card to the agent. If
12		denied, the cultivation center and the agent applicant shall
13		be notified and the agent applicant must cease all activity at
14		the cultivation center immediately.
15		(Source: P.A. 102-98, eff. 7-15-21; 102-538, eff. 8-20-21;
16		102-813, eff. 5-13-22.)
17		(410 ILCS 130/105)
18		Sec. 105. Requirements; prohibitions; penalties for
19		cultivation centers.
20		(a) The operating documents of a registered cultivation
21		center shall include procedures for the oversight of the
22		cultivation center, a cannabis plant monitoring system
23		including a physical inventory recorded weekly, a cannabis
24		container system including a physical inventory recorded
25		weekly, accurate record keeping, and a staffing plan.

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1		(b) A registered cultivation center shall implement a
2		security plan reviewed by the Illinois State Police and
3		including but not limited to: facility access controls,
4		perimeter intrusion detection systems, personnel
5		identification systems, 24-hour surveillance system to monitor
6		the interior and exterior of the registered cultivation center
7		facility and accessible to authorized law enforcement and the
8		Department of Agriculture in real-time.
9		(c) A registered cultivation center may not be located
10		within 2,500 feet of the property line of a pre-existing
11		public or private preschool or elementary or secondary school
12		or day care center, day care home, group day care home, part
13		day child care facility, or an area zoned for residential use.
14		(d) All cultivation of cannabis for distribution to a
15		registered dispensing organization must take place in an
16		enclosed, locked facility as it applies to cultivation centers
17		at the physical address provided to the Department of
18		Agriculture during the registration process. The cultivation
19		center location shall only be accessed by the cultivation
20		center agents working for the registered cultivation center,
21		Department of Agriculture staff performing inspections,
22		Department of Public Health staff performing inspections, law
23		enforcement or other emergency personnel, and contractors
24		working on jobs unrelated to medical cannabis, such as
25		installing or maintaining security devices or performing
26		electrical wiring.

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1		(e) A cultivation center may not sell or distribute any
2		cannabis to any individual or entity other than another
3		cultivation center, a dispensing organization registered under
4		this Act, or a laboratory licensed by the Department of
5		Agriculture.
6		(f) All harvested cannabis intended for distribution to a
7		dispensing organization must be packaged in a labeled medical
8		cannabis container and entered into a data collection system.
9		(g) (Blank). No person who has been convicted of an
10		excluded offense may be a cultivation center agent.
11		(h) Registered cultivation centers are subject to random
12		inspection by the Illinois State Police.
13		(i) Registered cultivation centers are subject to random
14		inspections by the Department of Agriculture and the
15		Department of Public Health.
16		(j) A cultivation center agent shall notify local law
17		enforcement, the Illinois State Police, and the Department of
18		Agriculture within 24 hours of the discovery of any loss or
19		theft. Notification shall be made by phone or in-person, or by
20		written or electronic communication.
21		(k) A cultivation center shall comply with all State and
22		federal rules and regulations regarding the use of pesticides.
23		(Source: P.A. 101-363, eff. 8-9-19; 102-538, eff. 8-20-21.)
24		(410 ILCS 130/115)
25		Sec. 115. Dispensing Registration of dispensing

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1		organizations. A dispensing organization may only operate if
2		it has been issued a dispensing organization license from the
3		Department of Financial and Professional Regulation, including
4		an Early Approval Adult Use Dispensing Organization at a
5		Same-Site License, an Adult Use Dispensing Organization
6		License, or a Medical Cannabis Dispensing Organization
7		License. If a dispensing organization holds both an Adult Use
8		Dispensing Organization License and a corresponding Medical
9		Cannabis Dispensing Organization License, the dispensing
10		organization shall correspondingly adhere to the provisions of
11		this Act, any administrative rules pursuant to this Act, the
12		Cannabis Regulation and Tax Act, and any administrative rules
13		adopted pursuant to the Cannabis Regulation and Tax Act.
14		(a) The Department of Financial and Professional
15		Regulation may issue up to 60 dispensing organization
16		registrations for operation. The Department of Financial and
17		Professional Regulation may not issue less than the 60
18		registrations if there are qualified applicants who have
19		applied with the Department of Financial and Professional
20		Regulation. The organizations shall be geographically
21		dispersed throughout the State to allow all registered
22		qualifying patients reasonable proximity and access to a
23		dispensing organization.
24		(a-5) The Department of Financial and Professional
25		Regulation shall adopt rules to create a registration process
26		for Social Equity Justice Involved Applicants and Qualifying

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1		Applicants, a streamlined application, and a Social Equity
2		Justice Involved Medical Lottery under Section 115.5 to issue
3		the remaining available 5 dispensing organization
4		registrations for operation. For purposes of this Section:
5		"Disproportionately Impacted Area" means a census tract or
6		comparable geographic area that satisfies the following
7		criteria as determined by the Department of Commerce and
8		Economic Opportunity, that:
9		(1) meets at least one of the following criteria:
10		(A) the area has a poverty rate of at least 20%
11		according to the latest federal decennial census; or
12		(B) 75% or more of the children in the area
13		participate in the federal free lunch program
14		according to reported statistics from the State Board
15		of Education; or
16		(C) at least 20% of the households in the area
17		receive assistance under the Supplemental Nutrition
18		Assistance Program; or
19		(D) the area has an average unemployment rate, as
20		determined by the Illinois Department of Employment
21		Security, that is more than 120% of the national
22		unemployment average, as determined by the United
23		States Department of Labor, for a period of at least 2
24		consecutive calendar years preceding the date of the
25		application; and
26		(2) has high rates of arrest, conviction, and

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1		incarceration related to sale, possession, use,
2		cultivation, manufacture, or transport of cannabis.
3		"Qualifying Applicant" means an applicant that: (i)
4		submitted an application pursuant to Section 15-30 of the
5		Cannabis Regulation and Tax Act that received at least 85% of
6		250 application points available under Section 15-30 of the
7		Cannabis Regulation and Tax Act as the applicant's final
8		score; (ii) received points at the conclusion of the scoring
9		process for meeting the definition of a "Social Equity
10		Applicant" as set forth under the Cannabis Regulation and Tax
11		Act; and (iii) is an applicant that did not receive a
12		Conditional Adult Use Dispensing Organization License through
13		a Qualifying Applicant Lottery pursuant to Section 15-35 of
14		the Cannabis Regulation and Tax Act or any Tied Applicant
15		Lottery conducted under the Cannabis Regulation and Tax Act.
16		"Social Equity Justice Involved Applicant" means an
17		applicant that is an Illinois resident and one of the
18		following:
19		(1) an applicant with at least 51% ownership and
20		control by one or more individuals who have resided for at
21		least 5 of the preceding 10 years in a Disproportionately
22		Impacted Area;
23		(2) an applicant with at least 51% of ownership and
24		control by one or more individuals who have been arrested
25		for, convicted of, or adjudicated delinquent for any
26		offense that is eligible for expungement under subsection

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1		(i) of Section 5.2 of the Criminal Identification Act; or
2		(3) an applicant with at least 51% ownership and
3		control by one or more members of an impacted family.
4		(b) A dispensing organization may only operate if it has
5		been issued a registration from the Department of Financial
6		and Professional Regulation. The Department of Financial and
7		Professional Regulation shall adopt rules establishing the
8		procedures for applicants for dispensing organizations.
9		(c) When applying for a dispensing organization
10		registration, the applicant shall submit, at a minimum, the
11		following in accordance with Department of Financial and
12		Professional Regulation rules:
13		(1) a non-refundable application fee established by
14		rule;
15		(2) the proposed legal name of the dispensing
16		organization;
17		(3) the proposed physical address of the dispensing
18		organization;
19		(4) the name, address, and date of birth of each
20		principal officer and board member of the dispensing
21		organization, provided that all those individuals shall be
22		at least 21 years of age;
23		(5) (blank);
24		(6) (blank); and
25		(7) (blank).
26		(d) The Department of Financial and Professional

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1		Regulation shall conduct a background check of the prospective
2		dispensing organization agents in order to carry out this
3		Section. The Department of State Police shall charge a fee for
4		conducting the criminal history record check, which shall be
5		deposited in the State Police Services Fund and shall not
6		exceed the actual cost of the record check. Each person
7		applying as a dispensing organization agent shall submit a
8		full set of fingerprints to the Department of State Police for
9		the purpose of obtaining a State and federal criminal records
10		check. These fingerprints shall be checked against the
11		fingerprint records now and hereafter, to the extent allowed
12		by law, filed in the Department of State Police and Federal
13		Bureau of Investigation criminal history records databases.
14		The Department of State Police shall furnish, following
15		positive identification, all Illinois conviction information
16		to the Department of Financial and Professional Regulation.
17		(e) A dispensing organization must pay a registration fee
18		set by the Department of Financial and Professional
19		Regulation.
20		(f) An application for a medical cannabis dispensing
21		organization registration must be denied if any of the
22		following conditions are met:
23		(1) the applicant failed to submit the materials
24		required by this Section, including if the applicant's
25		plans do not satisfy the security, oversight, or
26		recordkeeping rules issued by the Department of Financial

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1		and Professional Regulation;
2		(2) the applicant would not be in compliance with
3		local zoning rules issued in accordance with Section 140;
4		(3) the applicant does not meet the requirements of
5		Section 130;
6		(4) one or more of the prospective principal officers
7		or board members has been convicted of an excluded
8		offense;
9		(5) one or more of the prospective principal officers
10		or board members has served as a principal officer or
11		board member for a registered medical cannabis dispensing
12		organization that has had its registration revoked; and
13		(6) one or more of the principal officers or board
14		members is under 21 years of age.
15		(Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.)
16		(410 ILCS 130/120)
17		Sec. 120. Dispensing organization agent identification
18		card.
19		(a) This Section does not apply to any dispensing
20		organization agents who are employed at any dispensing
21		organization issued an Adult Use Dispensing Organization
22		License and a corresponding Medical Cannabis Dispensing
23		Organization License under Section 15-37 of the Cannabis
24		Regulation and Tax Act.
25		(a-5) The Department of Financial and Professional

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1		Regulation shall:
2		(1) verify the information contained in an application
3		or renewal for a dispensing organization agent
4		identification card submitted under this Act, and approve
5		or deny an application or renewal, within 30 days of
6		receiving a completed application or renewal application
7		and all supporting documentation required by rule;
8		(2) issue a dispensing organization agent
9		identification card to a qualifying agent within 15
10		business days of approving the application or renewal;
11		(3) enter the registry identification number of the
12		dispensing organization where the agent works; and
13		(4) allow for an electronic application process, and
14		provide a confirmation by electronic or other methods that
15		an application has been submitted.
16		(b) A dispensing agent must keep his or her identification
17		card visible at all times when on the property of a dispensing
18		organization.
19		(c) The dispensing organization agent identification cards
20		shall contain the following:
21		(1) the name of the cardholder;
22		(2) the date of issuance and expiration date of the
23		dispensing organization agent identification cards;
24		(3) a random 10 digit alphanumeric identification
25		number containing at least 4 numbers and at least 4
26		letters; that is unique to the holder; and

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1		(4) a photograph of the cardholder.
2		(d) The dispensing organization agent identification cards
3		shall be immediately returned to the dispensing organization
4		upon termination of employment.
5		(e) Any card lost by a dispensing organization agent shall
6		be reported to the Illinois State Police and the Department of
7		Financial and Professional Regulation immediately upon
8		discovery of the loss.
9		(f) (Blank) An applicant shall be denied a dispensing
10		organization agent identification card if he or she has been
11		convicted of an excluded offense.
12		(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
13		(410 ILCS 130/130)
14		Sec. 130. Requirements; prohibitions; penalties;
15		dispensing organizations.
16		(a) The Department of Financial and Professional
17		Regulation shall implement the provisions of this Section by
18		rule.
19		(b) A dispensing organization shall maintain operating
20		documents which shall include procedures for the oversight of
21		the registered dispensing organization and procedures to
22		ensure accurate recordkeeping.
23		(c) A dispensing organization shall implement appropriate
24		security measures, as provided by rule, to deter and prevent
25		the theft of cannabis and unauthorized entrance into areas

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1		containing cannabis.
2		(d) A dispensing organization may not be located within
3		1,000 feet of the property line of a pre-existing public or
4		private preschool or elementary or secondary school or day
5		care center, day care home, group day care home, or part day
6		child care facility. A registered dispensing organization may
7		not be located in a house, apartment, condominium, or an area
8		zoned for residential use. This subsection shall not apply to
9		any dispensing organizations registered on or after July 1,
10		2019.
11		(e) A dispensing organization is prohibited from acquiring
12		cannabis from anyone other than a cultivation center, craft
13		grower, infuser organization processing organization, another
14		dispensing organization, or transporting organization licensed
15		or registered under this Act or the Cannabis Regulation and
16		Tax Act. A dispensing organization is prohibited from
17		obtaining cannabis from outside the State of Illinois.
18		(f) A registered dispensing organization is prohibited
19		from dispensing cannabis for any purpose except to assist
20		registered qualifying patients with the medical use of
21		cannabis directly or through the qualifying patients'
22		designated caregivers.
23		(g) The area in a dispensing organization where medical
24		cannabis is stored can only be accessed by dispensing
25		organization agents working for the dispensing organization,
26		Department of Financial and Professional Regulation staff

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1		performing inspections, law enforcement or other emergency
2		personnel, and contractors working on jobs unrelated to
3		medical cannabis, such as installing or maintaining security
4		devices or performing electrical wiring.
5		(h) A dispensing organization may not dispense more than
6		an adequate medical supply 2.5 ounces of cannabis to a
7		registered qualifying patient, directly or via a designated
8		caregiver, in any 14-day period unless the qualifying patient
9		has a Department of Public Health-approved quantity waiver.
10		Any Department of Public Health-approved quantity waiver
11		process must be made available to qualified veterans.
12		(i) Except as provided in subsection (i-5), before medical
13		cannabis may be dispensed to a designated caregiver or a
14		registered qualifying patient, a dispensing organization agent
15		must determine that the individual is a current cardholder in
16		the verification system and must verify each of the following:
17		(1) that the registry identification card presented to
18		the registered dispensing organization is valid;
19		(2) that the person presenting the card is the person
20		identified on the registry identification card presented
21		to the dispensing organization agent;
22		(2.5) that the medical cannabis has the proper
23		labeling required under State and federal law;
24		(3) (blank); and
25		(4) that the registered qualifying patient has not
26		exceeded his or her adequate medical supply.

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1		(i-5) A dispensing organization may dispense medical
2		cannabis to an Opioid Alternative Patient Pilot Program
3		participant under Section 62 and to a person presenting proof
4		of provisional registration under Section 55. Before
5		dispensing medical cannabis, the dispensing organization shall
6		comply with the requirements of Section 62 or Section 55,
7		whichever is applicable, and verify the following:
8		(1) that the written certification presented to the
9		registered dispensing organization is valid and an
10		original document;
11		(2) that the person presenting the written
12		certification is the person identified on the written
13		certification; and
14		(3) that the participant has not exceeded his or her
15		adequate supply.
16		(j) Dispensing organizations shall ensure compliance with
17		this limitation by maintaining internal, confidential records
18		that include records specifying how much medical cannabis is
19		dispensed to the registered qualifying patient and whether it
20		was dispensed directly to the registered qualifying patient or
21		to the designated caregiver. Each entry must include the date
22		and time the cannabis was dispensed. Additional recordkeeping
23		requirements may be set by rule.
24		(k) The health care professional-patient privilege as set
25		forth by Section 8-802 of the Code of Civil Procedure shall
26		apply between a qualifying patient and a registered dispensing

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1		organization and its agents with respect to communications and
2		records concerning qualifying patients' debilitating
3		conditions.
4		(l) A dispensing organization may not permit any person to
5		consume cannabis on the property of a medical cannabis
6		organization.
7		(m) A dispensing organization may not share office space
8		with or refer patients to a certifying health care
9		professional.
10		(n) Notwithstanding any other criminal penalties related
11		to the unlawful possession of cannabis, the Department of
12		Financial and Professional Regulation may revoke, suspend,
13		place on probation, reprimand, refuse to issue or renew, or
14		take any other disciplinary or non-disciplinary action as the
15		Department of Financial and Professional Regulation may deem
16		proper with regard to the registration of any person issued
17		under this Act to operate a dispensing organization or act as a
18		dispensing organization agent, including imposing fines not to
19		exceed $10,000 for each violation, for any violations of this
20		Act and rules adopted in accordance with this Act. The
21		procedures for disciplining a registered dispensing
22		organization shall be determined by rule. All final
23		administrative decisions of the Department of Financial and
24		Professional Regulation are subject to judicial review under
25		the Administrative Review Law and its rules. The term
26		"administrative decision" is defined as in Section 3-101 of

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1		the Code of Civil Procedure.
2		(o) Dispensing organizations are subject to random
3		inspection and cannabis testing by the Department of Financial
4		and Professional Regulation, the Illinois State Police, the
5		Department of Revenue, the Department of Public Health, the
6		Department of Agriculture, or as provided by rule.
7		(p) The Department of Financial and Professional
8		Regulation shall adopt rules permitting returns, and potential
9		refunds, for damaged or inadequate products.
10		(q) The Department of Financial and Professional
11		Regulation may issue nondisciplinary citations for minor
12		violations which may be accompanied by a civil penalty not to
13		exceed $10,000 per violation. The penalty shall be a civil
14		penalty or other condition as established by rule. The
15		citation shall be issued to the licensee and shall contain the
16		licensee's name, address, and license number, a brief factual
17		statement, the Sections of the law or rule allegedly violated,
18		and the civil penalty, if any, imposed. The citation must
19		clearly state that the licensee may choose, in lieu of
20		accepting the citation, to request a hearing. If the licensee
21		does not dispute the matter in the citation with the
22		Department of Financial and Professional Regulation within 30
23		days after the citation is served, then the citation shall
24		become final and shall not be subject to appeal.
25		(Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.)

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1		(410 ILCS 130/145)
2		Sec. 145. Confidentiality.
3		(a) The following information received and records kept by
4		the Department of Public Health, Department of Financial and
5		Professional Regulation, Department of Agriculture, Department
6		of Commerce and Economic Opportunity, Office of the Executive
7		Inspector General, or Illinois State Police for purposes of
8		administering this Act are subject to all applicable federal
9		privacy laws, confidential, and exempt from the Freedom of
10		Information Act, and not subject to disclosure to any
11		individual or public or private entity, except as necessary
12		for authorized employees of those authorized agencies to
13		perform official duties under this Act and except as necessary
14		to those involved in enforcing the State Officials and
15		Employees Ethics Act, and the following information received
16		and records kept by Department of Public Health, Department of
17		Agriculture, Department of Commerce and Economic Opportunity,
18		Department of Financial and Professional Regulation, Office of
19		the Executive Inspector General, and Illinois State Police,
20		excluding any existing or non-existing Illinois or national
21		criminal history record information as defined in subsection
22		(d), may be disclosed to each other upon request:
23		(1) Applications and renewals, their contents, and
24		supporting information submitted by qualifying patients,
25		provisional patients, and designated caregivers, and
26		Opioid Alternative Patient Program participants, including

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1		information regarding their designated caregivers and
2		certifying health care professionals.
3		(2) Applications and renewals, their contents, and
4		supporting information submitted by or on behalf of
5		cultivation centers and dispensing organizations in
6		compliance with this Act, including their physical
7		addresses. This does not preclude the release of ownership
8		information of cannabis business establishment licenses.
9		(3) The individual names and other information
10		identifying persons to whom the Department of Public
11		Health has issued registry identification cards.
12		(4) Any dispensing information required to be kept
13		under Section 135, Section 150, or Department of Public
14		Health, Department of Agriculture, or Department of
15		Financial and Professional Regulation rules shall identify
16		cardholders and registered cultivation centers by their
17		registry identification numbers and medical cannabis
18		dispensing organizations by their registration number and
19		not contain names or other personally identifying
20		information.
21		(5) All medical records provided to the Department of
22		Public Health in connection with an application for a
23		registry card.
24		(b) Nothing in this Section precludes the following:
25		(1) Department of Agriculture, Department of Financial
26		and Professional Regulation, or Public Health employees

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1		may notify law enforcement about falsified or fraudulent
2		information submitted to the Departments if the employee
3		who suspects that falsified or fraudulent information has
4		been submitted conferred with his or her supervisor and
5		both agree that circumstances exist that warrant
6		reporting.
7		(2) If the employee conferred with his or her
8		supervisor and both agree that circumstances exist that
9		warrant reporting, Department of Public Health employees
10		may notify the Department of Financial and Professional
11		Regulation if there is reasonable cause to believe a
12		certifying health care professional:
13		(A) issued a written certification without a bona
14		fide health care professional-patient relationship
15		under this Act;
16		(B) issued a written certification to a person who
17		was not under the certifying health care
18		professional's care for the debilitating medical
19		condition; or
20		(C) failed to abide by the acceptable and
21		prevailing standard of care when evaluating a
22		patient's medical condition.
23		(3) The Department of Public Health, Department of
24		Agriculture, and Department of Financial and Professional
25		Regulation may notify State or local law enforcement about
26		apparent criminal violations of this Act if the employee

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1		who suspects the offense has conferred with his or her
2		supervisor and both agree that circumstances exist that
3		warrant reporting.
4		(4) Medical cannabis cultivation center agents and
5		medical cannabis dispensing organizations may notify the
6		Department of Public Health, Department of Financial and
7		Professional Regulation, or Department of Agriculture of a
8		suspected violation or attempted violation of this Act or
9		the rules issued under it.
10		(5) Each Department may verify registry identification
11		cards under Section 150.
12		(6) The submission of the report to the General
13		Assembly under Section 160.
14		(b-5) Each Department responsible for licensure under this
15		Act shall publish on the Department's website a list of the
16		ownership information of cannabis business establishment
17		licensees under the Department's jurisdiction. The list shall
18		include, but shall not be limited to, the name of the person or
19		entity holding each cannabis business establishment license
20		and the address at which the entity is operating under this
21		Act. This list shall be published and updated monthly.
22		(c) (Blank). Except for any ownership information released
23		pursuant to subsection (b-5) or as otherwise authorized or
24		required by law, it is a Class B misdemeanor with a $1,000 fine
25		for any person, including an employee or official of the
26		Department of Public Health, Department of Financial and

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1		Professional Regulation, or Department of Agriculture or
2		another State agency or local government, to breach the
3		confidentiality of information obtained under this Act.
4		(d) The Department of Public Health, the Department of
5		Agriculture, the Illinois State Police, and the Department of
6		Financial and Professional Regulation shall not share or
7		disclose any existing or non-existing Illinois or national
8		criminal history record information. For the purposes of this
9		Section, "any existing or non-existing Illinois or national
10		criminal history record information" means any Illinois or
11		national criminal history record information, including but
12		not limited to the lack of or non-existence of these records.
13		(Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21;
14		102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
15		(410 ILCS 130/150)
16		Sec. 150. Registry identification and registration
17		certificate verification.
18		(a) The Department of Public Health shall maintain a
19		confidential list of the persons to whom the Department of
20		Public Health has issued registry identification cards and
21		their addresses, phone numbers, and registry identification
22		numbers. This confidential list may not be combined or linked
23		in any manner with any other list or database except as
24		provided in this Section.
25		(b) Within 180 days of the effective date of this Act, the

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1		Department of Public Health, Department of Financial and
2		Professional Regulation, and Department of Agriculture shall
3		together establish a computerized database or verification
4		system. The database or verification system must allow law
5		enforcement personnel and medical cannabis dispensary
6		organization agents to determine whether or not the
7		identification number corresponds with a current, valid
8		registry identification card. The system shall only disclose
9		whether the identification card is valid, whether the
10		cardholder is a registered qualifying patient, provisional
11		patient, or a registered designated caregiver, or Opioid
12		Alternative Patient Program participant the registry
13		identification number of the registered medical cannabis
14		dispensing organization designated to serve the registered
15		qualifying patient who holds the card, and the registry
16		identification number of the patient who is assisted by a
17		registered designated caregiver who holds the card. The
18		Department of Public Health, the Department of Agriculture,
19		the Illinois State Police, and the Department of Financial and
20		Professional Regulation shall not share or disclose any
21		existing or non-existing Illinois or national criminal history
22		record information. Notwithstanding any other requirements
23		established by this subsection, the Department of Public
24		Health shall issue registry cards to qualifying patients, the
25		Department of Financial and Professional Regulation may issue
26		registration cards to medical cannabis dispensing

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1		organizations for the period during which the database is
2		being established, and the Department of Agriculture may issue
3		registration to medical cannabis cultivation organizations for
4		the period during which the database is being established.
5		(c) For the purposes of this Section, "any existing or
6		non-existing Illinois or national criminal history record
7		information" means any Illinois or national criminal history
8		record information, including but not limited to the lack of
9		or non-existence of these records.
10		(Source: P.A. 102-538, eff. 8-20-21.)
11		(410 ILCS 130/173)
12		Sec. 173. Conflicts of law. To the extent that any
13		provision of this Act conflicts with any Act that allows the
14		non-medical recreational use of cannabis, the provisions of
15		that Act shall control.
16		(Source: P.A. 101-363, eff. 8-9-19.)
17		(410 ILCS 130/195)
18		Sec. 195. Definitions. For the purposes of this Law:
19		"Cultivation center" has the meaning ascribed to that term
20		in the Compassionate Use of Medical Cannabis Program Act.
21		"Department" means the Department of Revenue.
22		"Dispensing organization" has the meaning ascribed to that
23		term in the Compassionate Use of Medical Cannabis Program Act.
24		"Gross receipts" means the total selling price, or the

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1		amount of sale, as defined in this Article, except that, in the
2		case of charges and time sales, the amount thereof shall be
3		included only when payments are received by the cultivator of
4		medical cannabis, by a cultivator.
5		"Person" means an individual, partnership, corporation, or
6		public or private organization.
7		"Qualifying patient" means a qualifying patient registered
8		under the Compassionate Use of Medical Cannabis Program Act.
9		"Selling price" or "amount of sale" means the
10		consideration for a sale valued in money, whether received in
11		money or otherwise, including cash, credits, property, or
12		services, determined without any deduction on account of the
13		cost of the property sold, the cost of materials used, labor or
14		service cost, or any other expense whatsoever. "Selling price"
15		or "amount of sale" does not include separately stated charges
16		identified on the invoice by cultivators to reimburse
17		themselves for their tax liability.
18		(Source: P.A. 101-363, eff. 8-9-19.)
19		(410 ILCS 130/200)
20		Sec. 200. Tax imposed.
21		(a) Beginning on January 1, 2014 and through June 30, 2026
22		the effective date of this Act, a tax is imposed upon the
23		privilege of cultivating medical cannabis at a rate of 7% of
24		the sales price per ounce. Beginning July 1, 2026, a tax is
25		imposed on the privilege of cultivating medical cannabis at

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1		the rate of 7% of the gross receipts from the first sale of
2		medical cannabis by a cultivator. The sale of any product that
3		contains any amount of medical cannabis or any derivative
4		thereof is subject to the tax under this Section on the full
5		selling price of the product. The Department may determine the
6		selling price of the medical cannabis when the seller and
7		purchaser are affiliated persons or when the sale and purchase
8		of medical cannabis is not an arm's length transaction and a
9		value is not established for the medical cannabis. The value
10		determined by the Department shall be commensurate with the
11		actual price received for products of like quality, character,
12		and use in the area. If there are no sales of medical cannabis
13		of like quality, character, and use in the area, then the
14		Department shall establish a reasonable value based on sales
15		of products of like quality, character, and use in the other
16		areas of the State, taking into consideration any other
17		relevant factors. The proceeds from this tax shall be
18		deposited into the Compassionate Use of Medical Cannabis Fund
19		created under the Compassionate Use of Medical Cannabis
20		Program Act. This tax shall be paid by a cultivation center and
21		is not the responsibility of a dispensing organization or a
22		qualifying patient.
23		(b) The tax imposed under this Act shall be in addition to
24		all other occupation or privilege taxes imposed by the State
25		of Illinois or by any municipal corporation or political
26		subdivision thereof.

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1		(Source: P.A. 101-363, eff. 8-9-19.)
2		(410 ILCS 130/210)
3		Sec. 210. Returns.
4		(a) This subsection (a) applies to returns due on or
5		before the effective date of this amendatory Act of the 101st
6		General Assembly. On or before the twentieth day of each
7		calendar month, every person subject to the tax imposed under
8		this Law during the preceding calendar month shall file a
9		return with the Department, stating:
10		(1) The name of the taxpayer;
11		(2) The number of ounces of medical cannabis sold to a
12		dispensing organization or a registered qualifying patient
13		during the preceding calendar month;
14		(3) The amount of tax due;
15		(4) The signature of the taxpayer; and
16		(5) Such other reasonable information as the
17		Department may require.
18		If a taxpayer fails to sign a return within 30 days after
19		the proper notice and demand for signature by the Department,
20		the return shall be considered valid and any amount shown to be
21		due on the return shall be deemed assessed.
22		The taxpayer shall remit the amount of the tax due to the
23		Department at the time the taxpayer files his or her return.
24		(b) Beginning on the effective date of this amendatory Act
25		of the 101st General Assembly, Section 60-20 65-20 of the

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1		Cannabis Regulation and Tax Act shall apply to returns filed
2		and taxes paid under this Act to the same extent as if those
3		provisions were set forth in full in this Section.
4		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
5		(410 ILCS 130/115.5 rep.)
6		Section 160. The Compassionate Use of Medical Cannabis
7		Program Act is amended by repealing Section 115.5.
8		Section 165. The Cannabis Regulation and Tax Act is
9		amended by changing Sections 1-10, 7-10, 7-15, 7-20, 10-10,
10		10-15, 15-10, 15-15, 15-20, 15-25, 15-35, 15-35.10, 15-36,
11		15-40, 15-45, 15-70, 15-85, 15-100, 15-135, 15-145, 15-155,
12		20-10, 20-15, 20-30, 20-35, 20-45, 25-35, 30-10, 30-30, 30-35,
13		30-45, 35-25, 35-30, 35-40, 40-5, 40-25, 40-30, 45-5, 50-5,
14		55-5, 55-21, 55-30, 55-65, 55-85, 60-5, 60-10, 65-5, 65-10,
15		65-30, 65-38, and 65-42 and by adding Sections 15-24, 15-37,
16		20-60, 35-18, 40-50, and 55-22 as follows:
17		(410 ILCS 705/1-10)
18		Sec. 1-10. Definitions. In this Act:
19		"Adequate medical supply" means 2.5 ounces of usable
20		cannabis during a period of 14 days that is derived solely from
21		an intrastate source. Subject to the rules of the Department
22		of Public Health, a patient may apply for a waiver in which a
23		certifying health care professional provides a substantial

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1		medical basis in a signed, written statement asserting that,
2		based on the patient's medical history, in the certifying
3		health care professional's professional judgment, 2.5 ounces
4		is an insufficient adequate medical supply for a 14-day period
5		to properly alleviate the patient's debilitating medical
6		condition or symptoms associated with the debilitating medical
7		condition. This definition may not be construed to authorize
8		the possession of more than 2.5 ounces at any time without
9		authority from the Department of Public Health. The pre-mixed
10		weight of medical cannabis used in making a cannabis-infused
11		product shall apply toward the limit on the total amount of
12		medical cannabis a registered qualifying patient may possess
13		at any one time.
14		"Adult Use Cultivation Center License" means a license
15		issued by the Department of Agriculture that permits a person
16		to act as a cultivation center under this Act and any
17		administrative rule made in furtherance of this Act.
18		"Adult Use Dispensing Organization License" means a
19		license issued by the Department of Financial and Professional
20		Regulation that permits a person to act as a dispensing
21		organization under this Act and any administrative rule made
22		in furtherance of this Act.
23		"Advertise" means to engage in promotional activities
24		including, but not limited to: newspaper, radio, Internet and
25		electronic media, and television advertising; the distribution
26		of fliers and circulars; billboard advertising; and the

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1		display of window and interior signs. "Advertise" does not
2		mean exterior signage displaying only the name of the licensed
3		cannabis business establishment.
4		"Application points" means the number of points a
5		Dispensary Applicant receives on an application for a
6		Conditional Adult Use Dispensing Organization License.
7		"BLS Region" means a region in Illinois used by the United
8		States Bureau of Labor Statistics to gather and categorize
9		certain employment and wage data. The 17 such regions in
10		Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
11		Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
12		Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
13		Rockford, St. Louis, Springfield, Northwest Illinois
14		nonmetropolitan area, West Central Illinois nonmetropolitan
15		area, East Central Illinois nonmetropolitan area, and South
16		Illinois nonmetropolitan area.
17		"By lot" means a randomized method of choosing between 2
18		or more Eligible Tied Applicants or 2 or more Qualifying
19		Applicants.
20		"Cannabis" means marijuana, hashish, and other substances
21		that are identified as including any parts of the plant
22		Cannabis sativa and including derivatives or subspecies, such
23		as indica, of all strains of cannabis, whether growing or not;
24		the seeds thereof, the resin extracted from any part of the
25		plant; and any compound, manufacture, salt, derivative,
26		mixture, or preparation of the plant, its seeds, or resin,

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1		including tetrahydrocannabinol (THC) and all other naturally
2		produced cannabinol derivatives, whether produced directly or
3		indirectly by extraction; however, "cannabis" does not include
4		the mature stalks of the plant, fiber produced from the
5		stalks, oil or cake made from the seeds of the plant, any other
6		compound, manufacture, salt, derivative, mixture, or
7		preparation of the mature stalks (except the resin extracted
8		from it), fiber, oil or cake, or the sterilized seed of the
9		plant that is incapable of germination. "Cannabis" does not
10		include industrial hemp as defined and authorized under the
11		Industrial Hemp Act and does not include hemp, industrial
12		hemp, or final consumer hemp cannabinoid products as defined
13		under the Illinois Hemp Act. "Cannabis" also means cannabis
14		flower, concentrate, and cannabis-infused products.
15		"Cannabis business establishment" means a cultivation
16		center, craft grower, processing organization, infuser
17		organization, dispensing organization, or transporting
18		organization.
19		"Cannabis concentrate" means a product derived from
20		cannabis that is produced by extracting cannabinoids,
21		including tetrahydrocannabinol (THC), from the plant through
22		the use of propylene glycol, glycerin, butter, olive oil, or
23		other typical cooking fats; water, ice, or dry ice; or butane,
24		propane, CO2, ethanol, or isopropanol and with the intended
25		use of smoking or making a cannabis-infused product. The use
26		of any other solvent is expressly prohibited unless and until

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1		it is approved by the Department of Agriculture.
2		"Cannabis container" means a sealed or resealable,
3		traceable, container, or package used for the purpose of
4		containment of cannabis or cannabis-infused product during
5		transportation.
6		"Cannabis flower" means marijuana, hashish, and other
7		substances that are identified as including any parts of the
8		plant Cannabis sativa and including derivatives or subspecies,
9		such as indica, of all strains of cannabis; including raw
10		kief, leaves, and buds, but not resin that has been extracted
11		from any part of such plant; nor any compound, manufacture,
12		salt, derivative, mixture, or preparation of such plant, its
13		seeds, or resin.
14		"Cannabis-infused product" means a beverage, food, oil,
15		ointment, tincture, topical formulation, or another product
16		containing cannabis or cannabis concentrate that is not
17		intended to be smoked.
18		"Cannabis paraphernalia" means equipment, products, or
19		materials intended to be used for planting, propagating,
20		cultivating, growing, harvesting, manufacturing, producing,
21		processing, preparing, testing, analyzing, packaging,
22		repackaging, storing, containing, concealing, ingesting, or
23		otherwise introducing cannabis into the human body.
24		"Cannabis plant monitoring system" or "plant monitoring
25		system" means a system that includes, but is not limited to,
26		testing and data collection established and maintained by the

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1		cultivation center, craft grower, or infuser processing
2		organization and that is available to the Department of
3		Revenue, the Department of Agriculture, the Department of
4		Financial and Professional Regulation, and the Illinois State
5		Police for the purposes of documenting each cannabis plant and
6		monitoring plant development throughout the life cycle of a
7		cannabis plant cultivated for the intended use by a customer
8		from seed planting to final packaging.
9		"Cannabis testing facility" means an entity licensed
10		registered by the Department of Agriculture to test cannabis
11		for potency and contaminants. Licensed cannabis testing
12		facilities are authorized under this Act to transport cannabis
13		from cannabis business establishments to the licensed cannabis
14		testing facility and are exempt from the transporting
15		organization license requirements.
16		"Cannabis transporter storage site" or "storage site"
17		means a secure, physical, nonretail facility operated by an
18		eligible transporter that is not affiliated with another
19		cannabis business establishment. "Cannabis transporter storage
20		site" or "storage site" includes a facility that an eligible
21		transporter may use to transfer, temporarily store, or both
22		transfer and temporarily store cannabis and cannabis infused
23		products in accordance with this Act and rules adopted under
24		it.
25		"Clone" means a plant section from a female cannabis plant
26		not yet rootbound, growing in a water solution or other

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1		propagation matrix, that is capable of developing into a new
2		plant.
3		"Community College Cannabis Vocational Training Pilot
4		Program faculty participant" means a person who is 21 years of
5		age or older, licensed by the Department of Agriculture, and
6		is employed or contracted by an Illinois community college to
7		provide student instruction using cannabis plants at an
8		Illinois Community College.
9		"Community College Cannabis Vocational Training Pilot
10		Program faculty participant Agent Identification Card" means a
11		document issued by the Department of Agriculture that
12		identifies a person as a Community College Cannabis Vocational
13		Training Pilot Program faculty participant.
14		"Conditional Adult Use Dispensing Organization License"
15		means a contingent license awarded to applicants for an Adult
16		Use Dispensing Organization License that reserves the right to
17		an Adult Use Dispensing Organization License if the applicant
18		meets certain conditions described in this Act, but does not
19		entitle the recipient to begin purchasing or selling cannabis
20		or cannabis-infused products.
21		"Conditional Adult Use Cultivation Center License" means a
22		license awarded to top-scoring applicants for an Adult Use
23		Cultivation Center License that reserves the right to an Adult
24		Use Cultivation Center License if the applicant meets certain
25		conditions as determined by the Department of Agriculture by
26		rule, but does not entitle the recipient to begin growing,

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1		processing, or selling cannabis or cannabis-infused products.
2		"Craft grower" means a facility operated by an
3		organization or business that is licensed by the Department of
4		Agriculture to cultivate, dry, cure, and package cannabis and
5		perform other necessary activities to make cannabis available
6		for sale at a dispensing organization or use at an infuser a
7		processing organization. A craft grower may contain up to
8		14,000 5,000 square feet of canopy space on its premises for
9		plants in the flowering state. The Department of Agriculture
10		may authorize an increase or decrease of flowering stage
11		cultivation space in increments of 3,000 square feet by rule
12		based on market need, craft grower capacity, and the
13		licensee's history of compliance or noncompliance, with a
14		maximum space of 14,000 square feet for cultivating plants in
15		the flowering stage, which must be cultivated in all stages of
16		growth in an enclosed and secure area. A craft grower may share
17		premises with an infuser a processing organization or a
18		dispensing organization, or both, provided each licensee
19		stores currency and cannabis or cannabis-infused products in a
20		separate secured vault to which the other licensee does not
21		have access or all licensees sharing a vault share more than
22		50% of the same ownership.
23		"Craft grower agent" means a principal officer, board
24		member, employee, or other agent of a craft grower who is 21
25		years of age or older.
26		"Craft Grower Agent Identification Card" means a document

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1		issued by the Department of Agriculture that identifies a
2		person as a craft grower agent.
3		"Cultivation center" means a facility operated by an
4		organization or business that is licensed by the Department of
5		Agriculture to cultivate, process, transport (unless otherwise
6		limited by this Act), and perform other necessary activities
7		to provide cannabis and cannabis-infused products to cannabis
8		business establishments.
9		"Cultivation center agent" means a principal officer,
10		board member, employee, or other agent of a cultivation center
11		who is 21 years of age or older.
12		"Cultivation Center Agent Identification Card" means a
13		document issued by the Department of Agriculture that
14		identifies a person as a cultivation center agent.
15		"Currency" means currency and coin of the United States.
16		"Designated caregiver" means a person who assists no more
17		than one registered qualifying patient with the patient's
18		medical use of cannabis, except the parent or legal guardian
19		of a registered qualifying patient may assist each of their
20		children who are registered qualifying patients.
21		"Dispensary" means a facility operated by a dispensing
22		organization at which activities licensed by this Act may
23		occur.
24		"Dispensary Applicant" means the Proposed Dispensing
25		Organization Name as stated on an application for a
26		Conditional Adult Use Dispensing Organization License.

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1		"Dispensing organization" or "dispensary" means a facility
2		operated by an organization or business that is licensed by
3		the Department of Financial and Professional Regulation to
4		acquire cannabis from a cultivation center, craft grower, or
5		infuser processing organization licensed by the Department of
6		Agriculture, or another dispensary licensed by the Department
7		of Financial and Professional Regulation, for the purpose of
8		selling or dispensing cannabis, cannabis-infused products,
9		cannabis seeds, paraphernalia, or related supplies under this
10		Act to purchasers or to qualified registered medical cannabis
11		patients and caregivers. As used in this Act, "dispensing
12		organization" or "dispensary" includes a registered medical
13		cannabis organization as defined in the Compassionate Use of
14		Medical Cannabis Program Act or its successor Act that has
15		obtained an Early Approval Adult Use Dispensing Organization
16		License or Early Approval Adult Use Dispensing Organization
17		License at a Secondary Site, or an entity that has obtained a
18		Medical Cannabis Dispensing Organization License under Section
19		15-37 of this Act.
20		"Dispensing organization agent" means a principal officer,
21		employee, or agent of a dispensing organization who is 21
22		years of age or older.
23		"Dispensing organization agent identification card" means
24		a document issued by the Department of Financial and
25		Professional Regulation that identifies a person as a
26		dispensing organization agent.

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1		"Disproportionately Impacted Area" means a census tract or
2		comparable geographic area that satisfies the following
3		criteria as determined by the Department of Commerce and
4		Economic Opportunity, that:
5		(1) meets at least one of the following criteria:
6		(A) the area has a poverty rate of at least 20%
7		according to the latest federal decennial census; or
8		(B) 75% or more of the children in the area
9		participate in the federal free lunch program
10		according to reported statistics from the State Board
11		of Education; or
12		(C) at least 20% of the households in the area
13		receive assistance under the Supplemental Nutrition
14		Assistance Program; or
15		(D) the area has an average unemployment rate, as
16		determined by the Illinois Department of Employment
17		Security, that is more than 120% of the national
18		unemployment average, as determined by the United
19		States Department of Labor, for a period of at least 2
20		consecutive calendar years preceding the date of the
21		application; and
22		(2) has high rates of arrest, conviction, and
23		incarceration related to the sale, possession, use,
24		cultivation, manufacture, or transport of cannabis.
25		"Early Approval Adult Use Cultivation Center License"
26		means a license that permits a medical cannabis cultivation

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1		center licensed under the Compassionate Use of Medical
2		Cannabis Program Act as of the effective date of this Act to
3		begin cultivating, infusing, packaging, transporting (unless
4		otherwise provided in this Act), processing, and selling
5		cannabis or cannabis-infused product to cannabis business
6		establishments for resale to purchasers as permitted by this
7		Act as of January 1, 2020.
8		"Early Approval Adult Use Dispensing Organization License"
9		means a license that permits a medical cannabis dispensing
10		organization licensed under the Compassionate Use of Medical
11		Cannabis Program Act as of the effective date of this Act to
12		begin selling cannabis or cannabis-infused product to
13		purchasers as permitted by this Act as of January 1, 2020.
14		"Early Approval Adult Use Dispensing Organization at a
15		secondary site" means a license that permits a medical
16		cannabis dispensing organization licensed under the
17		Compassionate Use of Medical Cannabis Program Act as of the
18		effective date of this Act to begin selling cannabis or
19		cannabis-infused product to purchasers as permitted by this
20		Act on January 1, 2020 at a different dispensary location from
21		its existing registered medical dispensary location.
22		"Eligible Tied Applicant" means a Tied Applicant that is
23		eligible to participate in the process by which a remaining
24		available license is distributed by lot pursuant to a Tied
25		Applicant Lottery.
26		"Enclosed, locked facility" means a room, greenhouse,

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1		building, or other enclosed area equipped with locks or other
2		security devices that permit access only by cannabis business
3		establishment agents working for the licensed cannabis
4		business establishment or acting pursuant to this Act to
5		cultivate, process, store, or distribute cannabis.
6		"Enclosed, locked space" means a closet, room, greenhouse,
7		building, or other enclosed area equipped with locks or other
8		security devices that permit access only by authorized
9		individuals under this Act. "Enclosed, locked space" may
10		include:
11		(1) a space within a residential building that (i) is
12		the primary residence of the individual cultivating 5 or
13		fewer cannabis plants that are more than 5 inches tall and
14		(ii) includes sleeping quarters and indoor plumbing. The
15		space must only be accessible by a key or code that is
16		different from any key or code that can be used to access
17		the residential building from the exterior; or
18		(2) a structure, such as a shed or greenhouse, that
19		lies on the same plot of land as a residential building
20		that (i) includes sleeping quarters and indoor plumbing
21		and (ii) is used as a primary residence by the person
22		cultivating 5 or fewer cannabis plants that are more than
23		5 inches tall, such as a shed or greenhouse. The structure
24		must remain locked when it is unoccupied by people.
25		"Financial institution" has the same meaning as "financial
26		organization" as defined in Section 1501 of the Illinois

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1		Income Tax Act, and also includes the holding companies,
2		subsidiaries, and affiliates of such financial organizations.
3		"Flowering stage" means the stage of cultivation where and
4		when a cannabis plant is cultivated to produce plant material
5		for cannabis products. This includes mature plants as follows:
6		(1) if greater than 2 stigmas are visible at each
7		internode of the plant; or
8		(2) if the cannabis plant is in an area that has been
9		intentionally deprived of light for a period of time
10		intended to produce flower buds and induce maturation,
11		from the moment the light deprivation began through the
12		remainder of the marijuana plant growth cycle.
13		"Individual" means a natural person.
14		"Infuser organization" or "infuser" means a facility
15		operated by an organization or business that is licensed by
16		the Department of Agriculture to directly incorporate cannabis
17		or cannabis concentrate into a product formulation to produce
18		a cannabis-infused product.
19		"Infuser organization agent" means a principal officer,
20		board member, employee, or other agent of an infuser
21		organization.
22		"Infuser organization agent identification card" means a
23		document issued by the Department of Agriculture that
24		identifies a person as an infuser organization agent.
25		"Kief" means the resinous crystal-like trichomes that are
26		found on cannabis and that are accumulated, resulting in a

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1		higher concentration of cannabinoids, untreated by heat or
2		pressure, or extracted using a solvent.
3		"Labor peace agreement" means an agreement between a
4		cannabis business establishment and any labor organization
5		recognized under the National Labor Relations Act, referred to
6		in this Act as a bona fide labor organization, that prohibits
7		labor organizations and members from engaging in picketing,
8		work stoppages, boycotts, and any other economic interference
9		with the cannabis business establishment. This agreement means
10		that the cannabis business establishment has agreed not to
11		disrupt efforts by the bona fide labor organization to
12		communicate with, and attempt to organize and represent, the
13		cannabis business establishment's employees. The agreement
14		shall provide a bona fide labor organization access at
15		reasonable times to areas in which the cannabis business
16		establishment's employees work, for the purpose of meeting
17		with employees to discuss their right to representation,
18		employment rights under State law, and terms and conditions of
19		employment. This type of agreement shall not mandate a
20		particular method of election or certification of the bona
21		fide labor organization.
22		"Limited access area" means a room or other area under the
23		control of a cannabis dispensing organization licensed under
24		this Act and upon the licensed premises where cannabis sales
25		occur with access limited to purchasers, dispensing
26		organization owners and other dispensing organization agents,

SB3222 Enrolled - 414 - LRB104 19119 AAS 32564 b
1		or service professionals conducting business with the
2		dispensing organization, or, if sales to registered qualifying
3		patients, caregivers, provisional patients, and Opioid
4		Alternative Patient Pilot Program participants licensed
5		pursuant to the Compassionate Use of Medical Cannabis Program
6		Act are also permitted at the dispensary, registered
7		qualifying patients, caregivers, provisional patients, and
8		Opioid Alternative Patient Pilot Program participants.
9		"Medical cannabis dispensing organization license" means a
10		license issued to an entity holding an Adult Use Dispensing
11		Organization License enabling the license holder to acquire
12		cannabis or cannabis-infused products from a registered
13		cultivation center, craft grower, infuser organization, or
14		transporting organization for the purpose of dispensing
15		cannabis, cannabis-infused products, paraphernalia, or related
16		supplies and educational materials to registered qualifying
17		patients, provisional patients, designated caregivers, and
18		Opioid Alternative Patient Program participants.
19		"Member of an impacted family" means an individual who has
20		a parent, legal guardian, child, spouse, or dependent, or was
21		a dependent of an individual who, prior to the effective date
22		of this Act, was arrested for, convicted of, or adjudicated
23		delinquent for any offense that is eligible for expungement
24		under this Act.
25		"Mother plant" means a cannabis plant that is cultivated
26		or maintained for the purpose of generating clones, and that

SB3222 Enrolled - 415 - LRB104 19119 AAS 32564 b
1		will not be used to produce plant material for sale to an
2		infuser or dispensing organization.
3		"Opioid Alternative Patient Program participant" means an
4		individual who has received a valid written certification to
5		participate in the Opioid Alternative Patient Program for a
6		medical condition for which an opioid has been or could be
7		prescribed by a certifying health care professional based on
8		generally accepted standards of care.
9		"Ordinary public view" means within the sight line with
10		normal visual range of a person, unassisted by visual aids,
11		from a public street or sidewalk adjacent to real property, or
12		from within an adjacent property.
13		"Ownership and control" means ownership of at least 51% of
14		the business, including corporate stock if a corporation, and
15		control over the management and day-to-day operations of the
16		business and an interest in the capital, assets, and profits
17		and losses of the business proportionate to percentage of
18		ownership.
19		"Person" means a natural individual, firm, partnership,
20		association, joint stock company, joint venture, public or
21		private corporation, limited liability company, or a receiver,
22		executor, trustee, guardian, or other representative appointed
23		by order of any court.
24		"Possession limit" means the amount of cannabis under
25		Section 10-10 that may be possessed at any one time by a person
26		21 years of age or older or who is a registered qualifying

SB3222 Enrolled - 416 - LRB104 19119 AAS 32564 b
1		medical cannabis patient, designated or caregiver, provisional
2		patient, or Opioid Alternative Patient Program participant
3		under the Compassionate Use of Medical Cannabis Program Act.
4		"Primary residence" means a dwelling where a person
5		usually stays or stays more often than other locations. It may
6		be determined by, without limitation, presence, tax filings,
7		address on an Illinois driver's license, an Illinois
8		Identification Card, an Illinois Person with a Disability
9		Identification Card, or voter registration. No person may have
10		more than one primary residence.
11		"Principal officer" includes a cannabis business
12		establishment applicant or licensed cannabis business
13		establishment's board member, owner with more than 5% 1%
14		interest of the total cannabis business establishment or more
15		than 5% interest of the total cannabis business establishment
16		of a publicly traded company, president, vice president,
17		secretary, treasurer, partner, officer, member, manager
18		member, or person with a profit sharing, financial interest,
19		or revenue sharing arrangement. The definition includes a
20		person with authority to control the cannabis business
21		establishment, a person who assumes responsibility for the
22		debts of the cannabis business establishment and who is
23		further defined in this Act.
24		"Primary residence" means a dwelling where a person
25		usually stays or stays more often than other locations. It may
26		be determined by, without limitation, presence, tax filings;

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1		address on an Illinois driver's license, an Illinois
2		Identification Card, or an Illinois Person with a Disability
3		Identification Card; or voter registration. No person may have
4		more than one primary residence.
5		"Processor license" means a license issued to an infuser
6		organization that is licensed by the Department of Agriculture
7		under subsection (f) of Section 35-31 to extract raw materials
8		from cannabis flower.
9		"Provisional patient" means a qualifying patient who has
10		received a provisional registration from the Department of
11		Public Health.
12		"Processing organization" or "processor" means a facility
13		operated by an organization or business that is licensed by
14		the Department of Agriculture to either extract constituent
15		chemicals or compounds to produce cannabis concentrate or
16		incorporate cannabis or cannabis concentrate into a product
17		formulation to produce a cannabis product.
18		"Processing organization agent" means a principal officer,
19		board member, employee, or agent of a processing organization.
20		"Processing organization agent identification card" means
21		a document issued by the Department of Agriculture that
22		identifies a person as a processing organization agent.
23		"Purchaser" means a person 21 years of age or older who
24		acquires cannabis for a valuable consideration. "Purchaser"
25		includes does not include a cardholder under the Compassionate
26		Use of Medical Cannabis Program Act using the cardholder's

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1		card at a dispensing organization that is authorized to serve
2		registered qualifying patients, provisional patients,
3		designated caregivers, and Opioid Alternative Patient Program
4		participants.
5		"Qualifying Applicant" means an applicant that submitted
6		an application pursuant to Section 15-30 that received at
7		least 85% of 250 application points available under Section
8		15-30 as the applicant's final score and meets the definition
9		of "Social Equity Applicant" as set forth under this Section.
10		"Qualifying patient" or "qualified patient" means a person
11		who has been diagnosed by a certifying health care
12		professional as having a debilitating medical condition as
13		defined under the Compassionate Use of Medical Cannabis
14		Program Act.
15		"Qualifying Social Equity Justice Involved Applicant"
16		means an applicant that submitted an application pursuant to
17		Section 15-30 that received at least 85% of 250 application
18		points available under Section 15-30 as the applicant's final
19		score and meets the criteria of either paragraph (1) or (2) of
20		the definition of "Social Equity Applicant" as set forth under
21		this Section.
22		"Qualified Social Equity Applicant" means a Social Equity
23		Applicant who has been awarded a conditional license under
24		this Act to operate a cannabis business establishment.
25		"Resided" means an individual's primary residence was
26		located within the relevant geographic area as established by

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1		2 of the following:
2		(1) a signed lease agreement that includes the
3		applicant's name;
4		(2) a property deed that includes the applicant's
5		name;
6		(3) school records;
7		(4) a voter registration card;
8		(5) an Illinois driver's license, an Illinois
9		Identification Card, or an Illinois Person with a
10		Disability Identification Card;
11		(6) a paycheck stub;
12		(7) a utility bill;
13		(8) tax records; or
14		(9) any other proof of residency or other information
15		necessary to establish residence as provided by rule.
16		"Smoking" means the inhalation of smoke caused by the
17		combustion of cannabis.
18		"Social Equity Applicant" means an applicant that is an
19		Illinois resident that meets one of the following criteria:
20		(1) an applicant with at least 51% ownership and
21		control by one or more individuals who have resided for at
22		least 5 of the preceding 10 years in a Disproportionately
23		Impacted Area;
24		(2) an applicant with at least 51% ownership and
25		control by one or more individuals who:
26		(i) have been arrested for, convicted of, or

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1		adjudicated delinquent for any offense that is
2		eligible for expungement under this Act; or
3		(ii) is a member of an impacted family;
4		(3) for applicants with a minimum of 10 full-time
5		employees, an applicant with at least 51% of current
6		employees who:
7		(i) currently reside in a Disproportionately
8		Impacted Area; or
9		(ii) have been arrested for, convicted of, or
10		adjudicated delinquent for any offense that is
11		eligible for expungement under this Act or are members
12		member of an impacted family that have been impacted
13		by arrests, convictions, or adjudications of
14		delinquency that are eligible for expungement under
15		this Act.
16		Nothing in this Act shall be construed to preempt or limit
17		the duties of any employer under the Job Opportunities for
18		Qualified Applicants Act. Nothing in this Act shall permit an
19		employer to require an employee to disclose sealed or expunged
20		offenses, unless otherwise required by law.
21		"Social Equity Lottery Licensee" means a holder of an
22		adult use cannabis dispensary license or a conditional adult
23		use cannabis dispensary license awarded through a lottery held
24		under subsection (c) of Section 15-35.20 of this Act.
25		"Tied Applicant" means an application submitted by a
26		Dispensary Applicant pursuant to Section 15-30 that received

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1		the same number of application points under Section 15-30 as
2		the Dispensary Applicant's final score as one or more
3		top-scoring applications in the same BLS Region and would have
4		been awarded a license but for the one or more other
5		top-scoring applications that received the same number of
6		application points. Each application for which a Dispensary
7		Applicant was required to pay a required application fee for
8		the application period ending January 2, 2020 shall be
9		considered an application of a separate Tied Applicant.
10		"Tied Applicant Lottery" means the process established
11		under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
12		Use Dispensing Organization Licenses pursuant to Sections
13		15-25 and 15-30 among Eligible Tied Applicants.
14		"Tincture" means a cannabis-infused solution, typically
15		comprised of alcohol, glycerin, or vegetable oils, derived
16		either directly from the cannabis plant or from a processed
17		cannabis extract. A tincture is not an alcoholic liquor as
18		defined in the Liquor Control Act of 1934. A tincture shall
19		include a calibrated dropper or other similar device capable
20		of accurately measuring servings.
21		"Transporting organization" or "transporter" means an
22		organization or business that is licensed by the Department of
23		Agriculture to transport cannabis or cannabis-infused product
24		on behalf of a cannabis business establishment or a community
25		college licensed under the Community College Cannabis
26		Vocational Training Pilot Program.

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1		"Transporting organization agent" means a principal
2		officer, board member, employee, or agent of a transporting
3		organization.
4		"Transporting organization agent identification card"
5		means a document issued by the Department of Agriculture that
6		identifies a person as a transporting organization agent.
7		"Unit of local government" means any county, city,
8		village, or incorporated town.
9		"Vegetative stage" means the stage of cultivation in which
10		a cannabis plant is propagated to produce additional cannabis
11		plants or reach a sufficient size for production. This
12		includes seedlings, clones, mothers, and other immature
13		cannabis plants as follows:
14		(1) if the cannabis plant is in an area that has not
15		been intentionally deprived of light for a period of time
16		intended to produce flower buds and induce maturation, it
17		has no more than 2 stigmas visible at each internode of the
18		cannabis plant; or
19		(2) any cannabis plant that is cultivated solely for
20		the purpose of propagating clones and is never used to
21		produce cannabis.
22		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
23		102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
24		5-13-22.)
25		(410 ILCS 705/7-10)

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1		Sec. 7-10. Cannabis Business Development Fund.
2		(a) There is created in the State treasury a special fund,
3		which shall be held separate and apart from all other State
4		moneys, to be known as the Cannabis Business Development Fund.
5		The Cannabis Business Development Fund shall be exclusively
6		used for the following purposes:
7		(1) to provide low-interest rate loans to Qualified
8		Social Equity Applicants and holders of a conditional or
9		adult use dispensing organization license issued pursuant
10		to Section 15-25, 15-35, or 15-35.10 or subsection (c) of
11		Section 15-35.20 to pay for ordinary and necessary
12		expenses to start and operate a cannabis business
13		establishment permitted by this Act, so long as the entity
14		meets the definition of a "Social Equity Applicant"
15		pursuant to Section 1-10; the Department of Commerce and
16		Economic Opportunity may review that an applicant for a
17		loan continues to meet the statutory definition of a
18		"Social Equity Applicant";
19		(2) to provide grants to Qualified Social Equity
20		Applicants and holders of a conditional or adult use
21		dispensing organization license issued pursuant to Section
22		15-25, 15-35, or 15-35.10 or subsection (c) of Section
23		15-35.20 to pay for ordinary and necessary expenses to
24		start and operate a cannabis business establishment
25		permitted by this Act, so long as the entity meets the
26		definition of a "Social Equity Applicant" pursuant to

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1		Section 1-10; the Department of Commerce and Economic
2		Opportunity may review that an applicant for a loan
3		continues to meet the statutory definition of a "Social
4		Equity Applicant";
5		(3) to compensate the Department of Commerce and
6		Economic Opportunity for any costs related to the
7		provision of financial assistance low-interest loans and
8		grants to Qualified Social Equity Applicants and holders
9		of a conditional or adult use dispensing organization
10		license issued pursuant to Section 15-25, 15-35, or
11		15-35.10 or subsection (c) of Section 15-35.20, so long as
12		the entity meets the definition of a "Social Equity
13		Applicant" pursuant to Section 1-10; the Department of
14		Commerce and Economic Opportunity may review that an
15		applicant for a loan continues to meet the statutory
16		definition of a "Social Equity Applicant";
17		(4) to pay for outreach that may be provided or
18		targeted to attract and support Social Equity Applicants,
19		and Qualified Social Equity Applicants, and holders of a
20		conditional or adult use dispensing organization license
21		issued pursuant to Section 15-25, 15-35, or 15-35.10 or
22		subsection (c) of Section 15-35.20, so long as the entity
23		meets the definition of a "Social Equity Applicant"
24		pursuant to Section 1-10; the Department of Commerce and
25		Economic Opportunity may review that an applicant for a
26		loan continues to meet the statutory definition of a

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1		"Social Equity Applicant";
2		(5) to provide financial assistance to, to support
3		lending to, to support private investment in, or to
4		facilitate access to the facilities needed to commence
5		operations as a cannabis business establishment for
6		Qualified Social Equity Applicants, Social Equity Lottery
7		Licensees, and holders of a conditional or adult use
8		dispensing organization licenses issued pursuant to
9		Section 15-25, 15-35, 15-35.10, or subsection (c) of
10		Section 15-35.20, so long as the entity meets the
11		definition of a "Social Equity Applicant" pursuant to
12		Section 1-10; the Department of Commerce and Economic
13		Opportunity may review that an applicant for a loan
14		continues to meet the statutory definition of a "Social
15		Equity Applicant" (blank);
16		(6) to conduct any study or research concerning the
17		participation of minorities, women, veterans, or people
18		with disabilities in the cannabis industry, including,
19		without limitation, barriers to such individuals entering
20		the industry as equity owners of cannabis business
21		establishments;
22		(6.5) to enter into financial intermediary agreements
23		to facilitate lending to or investment in Qualified Social
24		Equity Applicants and holders of a conditional or adult
25		use dispensing organization licenses issued pursuant to
26		Section 15-25, 15-35, or 15-35.10 or subsection (c) of

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1		Section 15-35.20, with the goal of ensuring the
2		availability of facilities necessary to operate a cannabis
3		business establishment, so long as the entity meets the
4		definition of a "Social Equity Applicant" pursuant to
5		Section 1-10; the Department of Commerce and Economic
6		Opportunity may review that an applicant for a loan
7		continues to meet the statutory definition of a "Social
8		Equity Applicant";
9		(7) (blank); and
10		(8) to assist with job training and technical
11		assistance for residents in Disproportionately Impacted
12		Areas.
13		(b) All moneys collected under Sections 15-15 and 15-20
14		for Early Approval Adult Use Dispensing Organization Licenses
15		issued before January 1, 2021 and remunerations made as a
16		result of transfers of permits awarded to Qualified Social
17		Equity Applicants shall be deposited into the Cannabis
18		Business Development Fund.
19		(c) (Blank).
20		(c-5) In addition to any other transfers that may be
21		provided for by law, on July 1, 2023, or as soon thereafter as
22		practical, the State Comptroller shall direct and the State
23		Treasurer shall transfer the sum of $40,000,000 from the
24		Compassionate Use of Medical Cannabis Fund to the Cannabis
25		Business Development Fund.
26		(d) Notwithstanding any other law to the contrary, the

SB3222 Enrolled - 427 - LRB104 19119 AAS 32564 b
1		Cannabis Business Development Fund is not subject to sweeps,
2		administrative charge-backs, or any other fiscal or budgetary
3		maneuver that would in any way transfer any amounts from the
4		Cannabis Business Development Fund into any other fund of the
5		State.
6		(Source: P.A. 103-8, eff. 6-7-23.)
7		(410 ILCS 705/7-15)
8		Sec. 7-15. Loans, financial assistance, and grants to
9		Qualified Social Equity Applicants and Social Equity Lottery
10		Licensees.
11		(a) The Department of Commerce and Economic Opportunity
12		shall establish grant, and loan, and financial assistance
13		programs, subject to appropriations from the Cannabis Business
14		Development Fund, for the purposes of providing financial
15		assistance, loans, grants, and technical assistance to
16		Qualified Social Equity Applicants and holders of a
17		conditional or adult use dispensing organization licenses
18		issued pursuant to Section 15-25, 15-35, 15-35.10, or
19		subsection (c) of Section 15-35.20, so long as the entity
20		meets the definition of a "Social Equity Applicant" pursuant
21		to Section 1-10; the Department of Commerce and Economic
22		Opportunity may review that an applicant for a loan continues
23		to meet the statutory definition of a "Social Equity
24		Applicant".
25		(b) The Department of Commerce and Economic Opportunity

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1		has the power to:
2		(1) provide Cannabis Social Equity loans, financial
3		assistance, and grants from appropriations from the
4		Cannabis Business Development Fund to assist Qualified
5		Social Equity Applicants and holders of a conditional or
6		adult use dispensing organization license issued pursuant
7		to Section 15-25, 15-35, 15-35.10, or subsection (c) of
8		Section 15-35.20 in gaining entry to, and successfully
9		operating in, the State's regulated cannabis marketplace,
10		so long as the entity meets the definition of a "Social
11		Equity Applicant" pursuant to Section 1-10; the Department
12		of Commerce and Economic Opportunity may review that an
13		applicant for a loan continues to meet the statutory
14		definition of a "Social Equity Applicant";
15		(2) enter into agreements that set forth terms and
16		conditions of the financial assistance, accept funds or
17		grants, and engage in cooperation with private entities
18		and agencies of State or local government to carry out the
19		purposes of this Section;
20		(3) fix, determine, charge, and collect any premiums,
21		fees, charges, costs and expenses, including application
22		fees, commitment fees, program fees, financing charges, or
23		publication fees in connection with its activities under
24		this Section;
25		(4) coordinate assistance under the financial
26		assistance these loan programs with activities of the

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1		Illinois Department of Financial and Professional
2		Regulation, the Illinois Department of Agriculture, and
3		other agencies as needed to maximize the effectiveness and
4		efficiency of this Act;
5		(5) provide staff, administration, and related support
6		required to administer this Section;
7		(6) take whatever actions are necessary or appropriate
8		to protect the State's interest in the event of
9		bankruptcy, default, foreclosure, or noncompliance with
10		the terms and conditions of financial assistance provided
11		under this Section, including the ability to recapture
12		funds if the recipient is found to be noncompliant with
13		the terms and conditions of the financial assistance
14		agreement;
15		(6.5) enter into financial intermediary agreements and
16		charge fees to financial institutions required to
17		facilitate lending to or investment in Qualified Social
18		Equity Applicants and holders of a conditional or adult
19		use dispensing organization licenses issued pursuant to
20		Section 15-25, 15-35, 15-35.10, or subsection (c) of
21		Section 15-35.20, with the goal of ensuring the
22		availability of facilities necessary to operate a cannabis
23		business establishment, so long as the entity meets the
24		definition of a "Social Equity Applicant" pursuant to
25		Section 1-10; the Department of Commerce and Economic
26		Opportunity may review that an applicant for a loan

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1		continues to meet the statutory definition of a "Social
2		Equity Applicant";
3		(7) establish application, notification, contract, and
4		other forms, procedures, or rules deemed necessary and
5		appropriate; and
6		(8) utilize vendors or contract work to carry out the
7		purposes of this Act; and .
8		(9) review that an applicant for financial assistance
9		meets the statutory definition of a "Social Equity
10		Applicant" as that term is defined in Section 1-10 of this
11		Act, for the purposes of providing financial assistance
12		pursuant to this Section.
13		(c) Financial assistance Loans made under this Section:
14		(1) shall only be made if, in the Department's
15		judgment, the project furthers the goals set forth in this
16		Act; and
17		(2) shall be in such principal amount and form and
18		contain such terms and provisions with respect to
19		security, insurance, reporting, delinquency charges,
20		default remedies, forgiveness, and other matters as the
21		Department shall determine appropriate to protect the
22		public interest and to be consistent with the purposes of
23		this Section. The terms and provisions may be less than
24		required for similar loans not covered by this Section;
25		and .
26		(3) may be distributed by lottery if the Department

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1		determines that the amount of funding available is
2		insufficient to provide an adequate amount of funding for
3		all of the applicants eligible to receive financial
4		assistance. The Department may communicate the number of
5		awards for financial assistance available on the
6		application for financial assistance. The Department may
7		use competitive criteria to establish which applicants are
8		eligible to receive financial assistance.
9		(d) Grants made under this Section shall be awarded on a
10		competitive and annual basis in compliance with under the
11		Grant Accountability and Transparency Act; however, to the
12		extent registration with the federal System for Award
13		Management requires a grant applicant to certify compliance
14		with all federal laws, the grant applicants under this Section
15		shall not be required to register for a unique entity
16		identifier through the federal System for Award Management to
17		be qualified to receive financial assistance under this
18		Section, so long as federal law prohibits the cultivation and
19		sale of cannabis. Grants made under this Section shall further
20		and promote the goals of this Act, including promotion of
21		Social Equity Applicants, Qualified Social Equity Applicants,
22		and holders of a conditional or adult use dispensing
23		organization license issued pursuant to Section 15-25, 15-35,
24		15-35.10, or subsection (c) of Section 15-35.20, so long as
25		the entity meets the definition of a "Social Equity Applicant"
26		pursuant to Section 1-10 and the Department of Commerce and

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1		Economic Opportunity may review that an applicant for a loan
2		continues to meet the statutory definition of a "Social Equity
3		Applicant", as well as including promotion of job training and
4		workforce development, and technical assistance to Social
5		Equity Applicants, Qualified Social Equity Applicants, and
6		holders of a conditional or adult use dispensing organization
7		licenses issued pursuant to Section 15-25, 15-35, 15-35.10, or
8		subsection (c) of Section 15-35.20, so long as the entity
9		meets the definition of a "Social Equity Applicant" pursuant
10		to Section 1-10 and the Department of Commerce and Economic
11		Opportunity may review that an applicant for a loan continues
12		to meet the statutory definition of a "Social Equity
13		Applicant".
14		(d-5) Financial intermediary agreements to provide
15		financial assistance must further the goals set forth in this
16		Act and shall result in financing or lease costs that are
17		affordable or below market rate.
18		(e) Beginning January 1, 2021 and each year thereafter,
19		the Department shall annually report to the Governor and the
20		General Assembly on the outcomes and effectiveness of this
21		Section that shall include the following:
22		(1) the number of persons or businesses receiving
23		financial assistance under this Section;
24		(2) the amount in financial assistance awarded in the
25		aggregate, in addition to the amount of loans made that
26		are outstanding and the amount of grants awarded;

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1		(3) the location of the project engaged in by the
2		person or business; and
3		(4) if applicable, the number of new jobs and other
4		forms of economic output created as a result of the
5		financial assistance.
6		(f) The Department of Commerce and Economic Opportunity
7		shall include engagement with individuals with limited English
8		proficiency as part of its outreach provided or targeted to
9		attract and support Social Equity Applicants.
10		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
11		(410 ILCS 705/7-20)
12		Sec. 7-20. Fee waivers.
13		(a) For Social Equity Applicants and any dispensing
14		organization issued an adult use dispensing organization
15		license pursuant to a lottery conducted under subsection (c)
16		of Section 15-35.20 of this Act, the Department of Financial
17		and Professional Regulation and the Department of Agriculture
18		shall waive 50% of any nonrefundable license application fees,
19		any nonrefundable fees associated with purchasing a license to
20		operate a cannabis business establishment, and any surety bond
21		or other financial requirements, provided a Social Equity
22		Applicant meets the following qualifications at the time the
23		payment is due:
24		(1) the applicant, including all individuals and
25		entities with 10% or greater ownership and all parent

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1		companies, subsidiaries, and affiliates, has less than a
2		total of $750,000 of gross income in the previous calendar
3		year; and
4		(2) the applicant, including all individuals and
5		entities with 10% or greater ownership and all parent
6		companies, subsidiaries, and affiliates, has no more than
7		2 other licenses for cannabis business establishments in
8		the State of Illinois.
9		(b) The Department of Financial and Professional
10		Regulation and the Department of Agriculture may require
11		Social Equity Applicants to attest that they meet the
12		requirements for a fee waiver as provided in subsection (a)
13		and to provide evidence of annual total income in the previous
14		calendar year.
15		(c) If the Department of Financial and Professional
16		Regulation or the Department of Agriculture determines that an
17		applicant who applied as a Social Equity Applicant is not
18		eligible for such status, the applicant shall be provided an
19		additional 10 days to provide alternative evidence that he or
20		she qualifies as a Social Equity Applicant. Alternatively, the
21		applicant may pay the remainder of the waived fee and be
22		considered as a non-Social Equity Applicant. If the applicant
23		cannot do either, then the Departments may keep the initial
24		application fee and the application shall not be graded.
25		(d) The Department of Agriculture shall provide hardship
26		waivers for craft grower, infuser, and transporter license and

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1		renewal fees due to the Department pursuant to the following:
2		(1) The craft grower, infuser, and transporter
3		organization attests that the craft grower, infuser, and
4		transporter organization or applicant for renewal,
5		including all individuals and entities with 10% or greater
6		ownership and all parent companies, subsidiaries, and
7		affiliates, have no more than 2 other licenses for
8		cannabis business establishments in the State.
9		(2) For craft grower, infuser, and transporter
10		organizations that have a total of $50,000 or less of
11		reported gross income for the prior fiscal year, the
12		Department shall waive the full license or renewal fee.
13		The craft grower, infuser, and transporter organization
14		shall verify its income to the Department.
15		(3) For craft grower, infuser, and transporter
16		organizations that have a gross income of more than
17		$50,000 and less than or equal to $750,000, the Department
18		shall waive 50% of the full license or renewal fee. The
19		craft grower, infuser, and transporter organization shall
20		verify its income to the Department.
21		(Source: P.A. 101-27, eff. 6-25-19.)
22		(410 ILCS 705/10-10)
23		Sec. 10-10. Possession limit.
24		(a) Except if otherwise authorized by this Act, for a
25		person who is 21 years of age or older and a resident of this

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1		State, the possession limit is as follows:
2		(1) 60 30 grams of cannabis flower;
3		(2) no more than 1000 500 milligrams of THC contained
4		in cannabis-infused product;
5		(3) 10 5 grams of cannabis concentrate; and
6		(4) for registered qualifying patients, any cannabis
7		produced by cannabis plants grown under subsection (b) of
8		Section 10-5, provided any amount of cannabis produced in
9		excess of 60 30 grams of raw cannabis or its equivalent
10		must remain secured within the residence or residential
11		property in which it was grown.
12		(b) For a person who is 21 years of age or older and who is
13		not a resident of this State, the possession limit is:
14		(1) 30 15 grams of cannabis flower;
15		(2) 5 2.5 grams of cannabis concentrate; and
16		(3) 500 250 milligrams of THC contained in a
17		cannabis-infused product.
18		(c) The possession limits found in subsections (a) and (b)
19		of this Section are to be considered cumulative.
20		(d) No person shall knowingly obtain, seek to obtain, or
21		possess an amount of cannabis from a dispensing organization
22		or craft grower that would cause him or her to exceed the
23		possession limit under this Section, including cannabis that
24		is cultivated by a person under this Act or obtained as a
25		qualified registered medical patient, provisional patient,
26		designated caregiver, or Opioid Alternative Patient Program

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1		participant.
2		(d-1) No qualified patient, provisional patient,
3		designated caregiver, or Opioid Alternative Patient Program
4		participant shall knowingly obtain, seek to obtain, or
5		possess, individually or collectively, an amount that would
6		cause the individual to exceed that individual's adequate
7		medical supply under the Compassionate Use of Medical Cannabis
8		Program Act.
9		(e) (Blank). Cannabis and cannabis-derived substances
10		regulated under the Industrial Hemp Act are not covered by
11		this Act.
12		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
13		(410 ILCS 705/10-15)
14		Sec. 10-15. Persons under 21 years of age.
15		(a) Nothing in this Act is intended to permit the transfer
16		of cannabis, with or without remuneration, to a person under
17		21 years of age, or to allow a person under 21 years of age to
18		purchase, possess, use, process, transport, grow, or consume
19		cannabis except where authorized by this Act, the
20		Compassionate Use of Medical Cannabis Program Act, or by the
21		Community College Cannabis Vocational Pilot Program.
22		(b) Notwithstanding any other provisions of law
23		authorizing the possession of medical cannabis or
24		cannabis-infused products by a qualified registered medical
25		patient, provisional patient, designated caregiver, or Opioid

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1		Alternative Patient Program participant, nothing in this Act
2		authorizes a person who is under 21 years of age to possess
3		cannabis. A person under 21 years of age with cannabis in his
4		or her possession is guilty of a civil law violation as
5		outlined in paragraph (a) of Section 4 of the Cannabis Control
6		Act.
7		(c) If the person under the age of 21 was in a motor
8		vehicle at the time of the offense, the Secretary of State may
9		suspend or revoke the driving privileges of any person for a
10		violation of this Section under Section 6-206 of the Illinois
11		Vehicle Code and the rules adopted under it.
12		(d) It is unlawful for any parent or guardian to knowingly
13		permit his or her residence, any other private property under
14		his or her control, or any vehicle, conveyance, or watercraft
15		under his or her control to be used by an invitee of the
16		parent's child or the guardian's ward, if the invitee is under
17		the age of 21, in a manner that constitutes a violation of this
18		Section. A parent or guardian is deemed to have knowingly
19		permitted his or her residence, any other private property
20		under his or her control, or any vehicle, conveyance, or
21		watercraft under his or her control to be used in violation of
22		this Section if he or she knowingly authorizes or permits
23		consumption of cannabis by underage invitees. Any person who
24		violates this subsection (d) is guilty of a Class A
25		misdemeanor and the person's sentence shall include, but shall
26		not be limited to, a fine of not less than $500. If a violation

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1		of this subsection (d) directly or indirectly results in great
2		bodily harm or death to any person, the person violating this
3		subsection is guilty of a Class 4 felony. In this subsection
4		(d), where the residence or other property has an owner and a
5		tenant or lessee, the trier of fact may infer that the
6		residence or other property is occupied only by the tenant or
7		lessee.
8		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
9		(410 ILCS 705/15-10)
10		Sec. 15-10. Medical cannabis dispensing organization
11		exemption. Beginning 90 days after the effective date of this
12		amendatory Act of the 104th General Assembly, this This
13		Article does not apply to medical cannabis dispensing
14		organizations registered pursuant to Section 15-15 or Section
15		15-37 of this Act under the Compassionate Use of Medical
16		Cannabis Pilot Program Act, except where otherwise specified.
17		(Source: P.A. 101-27, eff. 6-25-19.)
18		(410 ILCS 705/15-15)
19		Sec. 15-15. Early Approval Adult Use Dispensing
20		Organization License.
21		(a) Any medical cannabis dispensing organization holding a
22		valid registration under the Compassionate Use of Medical
23		Cannabis Program Act as of the effective date of this Act may,
24		within 60 days of the effective date of this Act, apply to the

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1		Department for an Early Approval Adult Use Dispensing
2		Organization License to serve purchasers at any medical
3		cannabis dispensing location in operation on the effective
4		date of this Act, pursuant to this Section.
5		(b) A medical cannabis dispensing organization seeking
6		issuance of an Early Approval Adult Use Dispensing
7		Organization License to serve purchasers at any medical
8		cannabis dispensing location in operation as of the effective
9		date of this Act shall submit an application on forms provided
10		by the Department. The application must be submitted by the
11		same person or entity that holds the medical cannabis
12		dispensing organization registration and include the
13		following:
14		(1) Payment of a nonrefundable fee of $30,000 to be
15		deposited into the Cannabis Regulation Fund;
16		(2) Proof of registration as a medical cannabis
17		dispensing organization that is in good standing;
18		(3) Certification that the applicant will comply with
19		the requirements contained in the Compassionate Use of
20		Medical Cannabis Program Act except as provided in this
21		Act;
22		(4) The legal name of the dispensing organization;
23		(5) The physical address of the dispensing
24		organization;
25		(6) The name, address, social security number, and
26		date of birth of each principal officer and board member

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1		of the dispensing organization, each of whom must be at
2		least 21 years of age;
3		(7) A nonrefundable Cannabis Business Development Fee
4		equal to 3% of the dispensing organization's total sales
5		between June 1, 2018 to June 1, 2019, or $100,000,
6		whichever is less, to be deposited into the Cannabis
7		Business Development Fund; and
8		(8) Identification of one of the following Social
9		Equity Inclusion Plans to be completed by March 31, 2021:
10		(A) Make a contribution of 3% of total sales from
11		June 1, 2018 to June 1, 2019, or $100,000, whichever is
12		less, to the Cannabis Business Development Fund. This
13		is in addition to the fee required by item (7) of this
14		subsection (b);
15		(B) Make a grant of 3% of total sales from June 1,
16		2018 to June 1, 2019, or $100,000, whichever is less,
17		to a cannabis industry training or education program
18		at an Illinois community college as defined in the
19		Public Community College Act;
20		(C) Make a donation of $100,000 or more to a
21		program that provides job training services to persons
22		recently incarcerated or that operates in a
23		Disproportionately Impacted Area;
24		(D) Participate as a host in a cannabis business
25		establishment incubator program approved by the
26		Department of Commerce and Economic Opportunity, and

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1		in which an Early Approval Adult Use Dispensing
2		Organization License holder agrees to provide a loan
3		of at least $100,000 and mentorship to incubate, for
4		at least a year, a Social Equity Applicant intending
5		to seek a license or a licensee that qualifies as a
6		Social Equity Applicant. As used in this Section,
7		"incubate" means providing direct financial assistance
8		and training necessary to engage in licensed cannabis
9		industry activity similar to that of the host
10		licensee. The Early Approval Adult Use Dispensing
11		Organization License holder or the same entity holding
12		any other licenses issued pursuant to this Act shall
13		not take an ownership stake of greater than 10% in any
14		business receiving incubation services to comply with
15		this subsection. If an Early Approval Adult Use
16		Dispensing Organization License holder fails to find a
17		business to incubate to comply with this subsection
18		before its Early Approval Adult Use Dispensing
19		Organization License expires, it may opt to meet the
20		requirement of this subsection by completing another
21		item from this subsection; or
22		(E) Participate in a sponsorship program for at
23		least 2 years approved by the Department of Commerce
24		and Economic Opportunity in which an Early Approval
25		Adult Use Dispensing Organization License holder
26		agrees to provide an interest-free loan of at least

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1		$200,000 to a Social Equity Applicant. The sponsor
2		shall not take an ownership stake in any cannabis
3		business establishment receiving sponsorship services
4		to comply with this subsection.
5		(b-5) Beginning 90 days after the effective date of this
6		amendatory Act of the 102nd General Assembly, an Early
7		Approval Adult Use Dispensing Organization licensee whose
8		license was issued pursuant to this Section may apply to
9		relocate within the same geographic district where its
10		existing associated medical cannabis dispensing organization
11		dispensary licensed under the Compassionate Use of Medical
12		Cannabis Program Act is authorized to operate. A request to
13		relocate under this subsection is subject to approval by the
14		Department. An Early Approval Adult Use Dispensing
15		Organization's application to relocate its license under this
16		subsection shall be deemed approved 30 days following the
17		submission of a complete application to relocate, unless
18		sooner approved or denied in writing by the Department. If an
19		application to relocate is denied, the Department shall
20		provide, in writing, the specific reason for denial.
21		An Early Approval Adult Use Dispensing Organization may
22		request to relocate under this subsection if:
23		(1) its existing location is within the boundaries of
24		a unit of local government that prohibits the sale of
25		adult use cannabis; or
26		(2) the Early Approval Adult Use Dispensing

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1		Organization has obtained the approval of the municipality
2		or, if outside the boundaries of a municipality in an
3		unincorporated area of the county, the approval of the
4		county where the existing license is located to move to
5		another location within that unit of local government.
6		At no time may an Early Approval Adult Use Dispensing
7		Organization dispensary licensed under this Section operate in
8		a separate facility from its associated medical cannabis
9		dispensing organization dispensary licensed under the
10		Compassionate Use of Medical Cannabis Program Act. The
11		relocation of an Early Approval Adult Use Dispensing
12		Organization License under this subsection shall be subject to
13		Sections 55-25 and 55-28 of this Act.
14		(c) The license fee required by paragraph (1) of
15		subsection (b) of this Section shall be in addition to any
16		license fee required for the renewal of a registered medical
17		cannabis dispensing organization license.
18		(d) Applicants must submit all required information,
19		including the requirements in subsection (b) of this Section,
20		to the Department. Failure by an applicant to submit all
21		required information may result in the application being
22		disqualified.
23		(e) If the Department receives an application that fails
24		to provide the required elements contained in subsection (b),
25		the Department shall issue a deficiency notice to the
26		applicant. The applicant shall have 10 calendar days from the

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1		date of the deficiency notice to submit complete information.
2		Applications that are still incomplete after this opportunity
3		to cure may be disqualified.
4		(f) If an applicant meets all the requirements of
5		subsection (b) of this Section, the Department shall issue the
6		Early Approval Adult Use Dispensing Organization License
7		within 14 days of receiving a completed application unless:
8		(1) The licensee or a principal officer is delinquent
9		in filing any required tax returns or paying any amounts
10		owed to the State of Illinois;
11		(2) The Secretary of Financial and Professional
12		Regulation determines there is reason, based on documented
13		compliance violations, the licensee is not entitled to an
14		Early Approval Adult Use Dispensing Organization License;
15		or
16		(3) Any principal officer fails to register and remain
17		in compliance with this Act or the Compassionate Use of
18		Medical Cannabis Program Act.
19		(g) A registered medical cannabis dispensing organization
20		that obtains an Early Approval Adult Use Dispensing
21		Organization License may begin selling cannabis,
22		cannabis-infused products, paraphernalia, and related items to
23		purchasers under the rules of this Act no sooner than January
24		1, 2020.
25		(h) A dispensing organization holding a medical cannabis
26		dispensing organization license issued under the Compassionate

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1		Use of Medical Cannabis Program Act must maintain an adequate
2		supply of cannabis and cannabis-infused products for purchase
3		by qualifying patients, designated caregivers, provisional
4		patients, and Opioid Alternative Patient Pilot Program
5		participants. For the purposes of this subsection, "adequate
6		supply" means a monthly inventory level that is comparable in
7		type and quantity to those medical cannabis products provided
8		to patients and caregivers on an average monthly basis for the
9		6 months before the effective date of this Act.
10		(i) If there is a shortage of cannabis or cannabis-infused
11		products, a dispensing organization holding both a dispensing
12		organization license under the Compassionate Use of Medical
13		Cannabis Program Act and this Act shall prioritize serving
14		qualifying patients, designated caregivers, provisional
15		patients, and Opioid Alternative Patient Pilot Program
16		participants before serving purchasers.
17		(j) Notwithstanding any law or rule to the contrary, a
18		person that holds a medical cannabis dispensing organization
19		license issued under the Compassionate Use of Medical Cannabis
20		Program Act and an Early Approval Adult Use Dispensing
21		Organization License may permit purchasers into a limited
22		access area as that term is defined in administrative rules
23		made under the authority in the Compassionate Use of Medical
24		Cannabis Program Act.
25		(k) An Early Approval Adult Use Dispensing Organization
26		License is valid until March 31, 2021. A dispensing

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1		organization that obtains an Early Approval Adult Use
2		Dispensing Organization License shall receive written or
3		electronic notice 90 days before the expiration of the license
4		that the license will expire, and that informs the license
5		holder that it may apply to renew its Early Approval Adult Use
6		Dispensing Organization License on forms provided by the
7		Department. The Department shall renew the Early Approval
8		Adult Use Dispensing Organization License within 60 days of
9		the renewal application being deemed complete if:
10		(1) the dispensing organization submits an application
11		and the required nonrefundable renewal fee of $30,000, to
12		be deposited into the Cannabis Regulation Fund;
13		(2) the Department has not suspended or permanently
14		revoked the Early Approval Adult Use Dispensing
15		Organization License or a medical cannabis dispensing
16		organization license on the same premises for violations
17		of this Act, the Compassionate Use of Medical Cannabis
18		Program Act, or rules adopted pursuant to those Acts;
19		(3) the dispensing organization has completed a Social
20		Equity Inclusion Plan as provided by parts (A), (B), and
21		(C) of paragraph (8) of subsection (b) of this Section or
22		has made substantial progress toward completing a Social
23		Equity Inclusion Plan as provided by parts (D) and (E) of
24		paragraph (8) of subsection (b) of this Section; and
25		(4) the dispensing organization is in compliance with
26		this Act and rules.

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1		(l) The Early Approval Adult Use Dispensing Organization
2		License renewed pursuant to subsection (k) of this Section
3		shall expire March 31, 2022. The Early Approval Adult Use
4		Dispensing Organization Licensee shall receive written or
5		electronic notice 90 days before the expiration of the license
6		that the license will expire, and that informs the license
7		holder that it may apply for an Adult Use Dispensing
8		Organization License on forms provided by the Department. The
9		Department shall grant an Adult Use Dispensing Organization
10		License within 60 days of an application being deemed complete
11		if the applicant has met all of the criteria in Section 15-36.
12		(m) If a dispensing organization fails to submit an
13		application for renewal of an Early Approval Adult Use
14		Dispensing Organization License or for an Adult Use Dispensing
15		Organization License before the expiration dates provided in
16		subsections (k) and (l) of this Section, the dispensing
17		organization shall cease serving purchasers and cease all
18		operations until it receives a renewal or an Adult Use
19		Dispensing Organization License, as the case may be.
20		(n) A dispensing organization agent who holds a valid
21		dispensing organization agent identification card issued under
22		the Compassionate Use of Medical Cannabis Program Act and is
23		an officer, director, manager, or employee of the dispensing
24		organization licensed under this Section may engage in all
25		activities authorized by this Article to be performed by a
26		dispensing organization agent.

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1		(o) If the Department suspends, permanently revokes, or
2		otherwise disciplines the Early Approval Adult Use Dispensing
3		Organization License of a dispensing organization that also
4		holds a medical cannabis dispensing organization license
5		issued under the Compassionate Use of Medical Cannabis Program
6		Act, the Department may consider the suspension, permanent
7		revocation, or other discipline of the medical cannabis
8		dispensing organization license.
9		(p) All fees collected pursuant to this Section shall be
10		deposited into the Cannabis Regulation Fund, unless otherwise
11		specified.
12		(q) Beginning 90 days after the effective date of this
13		amendatory Act of the 104th General Assembly, the Department
14		may update any existing Early Approval Adult Use Dispensing
15		Organization License to become both an Adult Use Dispensing
16		Organization License issued under Section 15-36 and a
17		corresponding Medical Cannabis Dispensing Organization License
18		under Section 15-37.
19		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
20		102-98, eff. 7-15-21.)
21		(410 ILCS 705/15-20)
22		Sec. 15-20. Early Approval Adult Use Dispensing
23		Organization License; secondary site.
24		(a) Any medical cannabis dispensing organization holding a
25		valid registration under the Compassionate Use of Medical

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1		Cannabis Program Act as of the effective date of this Act may,
2		within 60 days of the effective date of this Act, apply to the
3		Department for an Early Approval Adult Use Dispensing
4		Organization License to operate a dispensing organization to
5		serve purchasers at a secondary site not within 1,500 feet of
6		another medical cannabis dispensing organization or adult use
7		dispensing organization. The Early Approval Adult Use
8		Dispensing Organization secondary site shall be within any BLS
9		Region that shares territory with the dispensing organization
10		district to which the medical cannabis dispensing organization
11		is assigned under the administrative rules for dispensing
12		organizations under the Compassionate Use of Medical Cannabis
13		Program Act.
14		(a-5) If, within 360 days of the effective date of this
15		Act, a dispensing organization is unable to find a location
16		within the BLS Regions prescribed in subsection (a) of this
17		Section in which to operate an Early Approval Adult Use
18		Dispensing Organization at a secondary site because no
19		jurisdiction within the prescribed area allows the operation
20		of an Adult Use Dispensing Organization, the Department of
21		Financial and Professional Regulation may waive the geographic
22		restrictions of subsection (a) of this Section and specify
23		another BLS Region into which the dispensary may be placed.
24		(b) (Blank).
25		(c) A medical cannabis dispensing organization seeking
26		issuance of an Early Approval Adult Use Dispensing

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1		Organization License at a secondary site to serve purchasers
2		at a secondary site as prescribed in subsection (a) of this
3		Section shall submit an application on forms provided by the
4		Department. The application must meet or include the following
5		qualifications:
6		(1) a payment of a nonrefundable application fee of
7		$30,000;
8		(2) proof of registration as a medical cannabis
9		dispensing organization that is in good standing;
10		(3) submission of the application by the same person
11		or entity that holds the medical cannabis dispensing
12		organization registration;
13		(4) the legal name of the medical cannabis dispensing
14		organization;
15		(5) the physical address of the medical cannabis
16		dispensing organization and the proposed physical address
17		of the secondary site;
18		(6) a copy of the current local zoning ordinance
19		Sections relevant to dispensary operations and
20		documentation of the approval, the conditional approval or
21		the status of a request for zoning approval from the local
22		zoning office that the proposed dispensary location is in
23		compliance with the local zoning rules;
24		(7) a plot plan of the dispensary drawn to scale. The
25		applicant shall submit general specifications of the
26		building exterior and interior layout;

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1		(8) a statement that the dispensing organization
2		agrees to respond to the Department's supplemental
3		requests for information;
4		(9) for the building or land to be used as the proposed
5		dispensary:
6		(A) if the property is not owned by the applicant,
7		a written statement from the property owner and
8		landlord, if any, certifying consent that the
9		applicant may operate a dispensary on the premises; or
10		(B) if the property is owned by the applicant,
11		confirmation of ownership;
12		(10) a copy of the proposed operating bylaws;
13		(11) a copy of the proposed business plan that
14		complies with the requirements in this Act, including, at
15		a minimum, the following:
16		(A) a description of services to be offered; and
17		(B) a description of the process of dispensing
18		cannabis;
19		(12) a copy of the proposed security plan that
20		complies with the requirements in this Article, including:
21		(A) a description of the delivery process by which
22		cannabis will be received from a transporting
23		organization, including receipt of manifests and
24		protocols that will be used to avoid diversion, theft,
25		or loss at the dispensary acceptance point; and
26		(B) the process or controls that will be

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1		implemented to monitor the dispensary, secure the
2		premises, agents, patients, and currency, and prevent
3		the diversion, theft, or loss of cannabis; and
4		(C) the process to ensure that access to the
5		restricted access areas is restricted to, registered
6		agents, service professionals, transporting
7		organization agents, Department inspectors, and
8		security personnel;
9		(13) a proposed inventory control plan that complies
10		with this Section;
11		(14) the name, address, social security number, and
12		date of birth of each principal officer and board member
13		of the dispensing organization; each of those individuals
14		shall be at least 21 years of age;
15		(15) a nonrefundable Cannabis Business Development Fee
16		equal to $200,000, to be deposited into the Cannabis
17		Business Development Fund; and
18		(16) a commitment to completing one of the following
19		Social Equity Inclusion Plans in subsection (d).
20		(d) Before receiving an Early Approval Adult Use
21		Dispensing Organization License at a secondary site, a
22		dispensing organization shall indicate the Social Equity
23		Inclusion Plan that the applicant plans to achieve before the
24		expiration of the Early Approval Adult Use Dispensing
25		Organization License from the list below:
26		(1) make a contribution of 3% of total sales from June

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1		1, 2018 to June 1, 2019, or $100,000, whichever is less, to
2		the Cannabis Business Development Fund. This is in
3		addition to the fee required by paragraph (16) of
4		subsection (c) of this Section;
5		(2) make a grant of 3% of total sales from June 1, 2018
6		to June 1, 2019, or $100,000, whichever is less, to a
7		cannabis industry training or education program at an
8		Illinois community college as defined in the Public
9		Community College Act;
10		(3) make a donation of $100,000 or more to a program
11		that provides job training services to persons recently
12		incarcerated or that operates in a Disproportionately
13		Impacted Area;
14		(4) participate as a host in a cannabis business
15		establishment incubator program approved by the Department
16		of Commerce and Economic Opportunity, and in which an
17		Early Approval Adult Use Dispensing Organization License
18		at a secondary site holder agrees to provide a loan of at
19		least $100,000 and mentorship to incubate, for at least a
20		year, a Social Equity Applicant intending to seek a
21		license or a licensee that qualifies as a Social Equity
22		Applicant. In this paragraph (4), "incubate" means
23		providing direct financial assistance and training
24		necessary to engage in licensed cannabis industry activity
25		similar to that of the host licensee. The Early Approval
26		Adult Use Dispensing Organization License holder or the

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1		same entity holding any other licenses issued under this
2		Act shall not take an ownership stake of greater than 10%
3		in any business receiving incubation services to comply
4		with this subsection. If an Early Approval Adult Use
5		Dispensing Organization License at a secondary site holder
6		fails to find a business to incubate in order to comply
7		with this subsection before its Early Approval Adult Use
8		Dispensing Organization License at a secondary site
9		expires, it may opt to meet the requirement of this
10		subsection by completing another item from this subsection
11		before the expiration of its Early Approval Adult Use
12		Dispensing Organization License at a secondary site to
13		avoid a penalty; or
14		(5) participate in a sponsorship program for at least
15		2 years approved by the Department of Commerce and
16		Economic Opportunity in which an Early Approval Adult Use
17		Dispensing Organization License at a secondary site holder
18		agrees to provide an interest-free loan of at least
19		$200,000 to a Social Equity Applicant. The sponsor shall
20		not take an ownership stake of greater than 10% in any
21		business receiving sponsorship services to comply with
22		this subsection.
23		(e) The license fee required by paragraph (1) of
24		subsection (c) of this Section is in addition to any license
25		fee required for the renewal of a registered medical cannabis
26		dispensing organization license.

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1		(f) Applicants must submit all required information,
2		including the requirements in subsection (c) of this Section,
3		to the Department. Failure by an applicant to submit all
4		required information may result in the application being
5		disqualified. Principal officers shall not be required to
6		submit to the fingerprint and background check requirements of
7		Section 5-20.
8		(g) If the Department receives an application that fails
9		to provide the required elements contained in subsection (c),
10		the Department shall issue a deficiency notice to the
11		applicant. The applicant shall have 10 calendar days from the
12		date of the deficiency notice to submit complete information.
13		Applications that are still incomplete after this opportunity
14		to cure may be disqualified.
15		(h) Once all required information and documents have been
16		submitted, the Department will review the application. The
17		Department may request revisions and retains final approval
18		over dispensary features. Once the application is complete and
19		meets the Department's approval, the Department shall
20		conditionally approve the license. Final approval is
21		contingent on the build-out and Department inspection.
22		(i) Upon submission of the Early Approval Adult Use
23		Dispensing Organization at a secondary site application, the
24		applicant shall request an inspection and the Department may
25		inspect the Early Approval Adult Use Dispensing Organization's
26		secondary site to confirm compliance with the application and

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1		this Act.
2		(j) The Department shall only issue an Early Approval
3		Adult Use Dispensing Organization License at a secondary site
4		after the completion of a successful inspection.
5		(k) If an applicant passes the inspection under this
6		Section, the Department shall issue the Early Approval Adult
7		Use Dispensing Organization License at a secondary site within
8		10 business days unless:
9		(1) the licensee, any principal officer or board
10		member of the licensee, or any person having a financial
11		or voting interest of 5% or greater in the licensee is
12		delinquent in filing any required tax returns or paying
13		any amounts owed to the State of Illinois; or
14		(2) the Secretary of Financial and Professional
15		Regulation determines there is reason, based on documented
16		compliance violations, the licensee is not entitled to an
17		Early Approval Adult Use Dispensing Organization License
18		at its secondary site.
19		(l) Once the Department has issued a license, the
20		dispensing organization shall notify the Department of the
21		proposed opening date.
22		(m) A registered medical cannabis dispensing organization
23		that obtains an Early Approval Adult Use Dispensing
24		Organization License at a secondary site may begin selling
25		cannabis, cannabis-infused products, paraphernalia, and
26		related items to purchasers under the rules of this Act no

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1		sooner than January 1, 2020.
2		(n) If there is a shortage of cannabis or cannabis-infused
3		products, a dispensing organization holding both a dispensing
4		organization license under the Compassionate Use of Medical
5		Cannabis Program Act and this Article shall prioritize serving
6		qualifying patients and caregivers before serving purchasers.
7		(o) An Early Approval Adult Use Dispensing Organization
8		License at a secondary site is valid until March 31, 2021. A
9		dispensing organization that obtains an Early Approval Adult
10		Use Dispensing Organization License at a secondary site shall
11		receive written or electronic notice 90 days before the
12		expiration of the license that the license will expire, and
13		inform the license holder that it may renew its Early Approval
14		Adult Use Dispensing Organization License at a secondary site.
15		The Department shall renew an Early Approval Adult Use
16		Dispensing Organization License at a secondary site within 60
17		days of submission of the renewal application being deemed
18		complete if:
19		(1) the dispensing organization submits an application
20		and the required nonrefundable renewal fee of $30,000, to
21		be deposited into the Cannabis Regulation Fund;
22		(2) the Department has not suspended or permanently
23		revoked the Early Approval Adult Use Dispensing
24		Organization License or a medical cannabis dispensing
25		organization license held by the same person or entity for
26		violating this Act or rules adopted under this Act or the

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1		Compassionate Use of Medical Cannabis Program Act or rules
2		adopted under that Act; and
3		(3) the dispensing organization has completed a Social
4		Equity Inclusion Plan provided by paragraph (1), (2), or
5		(3) of subsection (d) of this Section or has made
6		substantial progress toward completing a Social Equity
7		Inclusion Plan provided by paragraph (4) or (5) of
8		subsection (d) of this Section.
9		(p) The Early Approval Adult Use Dispensing Organization
10		Licensee at a secondary site renewed pursuant to subsection
11		(o) shall receive written or electronic notice 90 days before
12		the expiration of the license that the license will expire,
13		and that informs the license holder that it may apply for an
14		Adult Use Dispensing Organization License on forms provided by
15		the Department. The Department shall grant an Adult Use
16		Dispensing Organization License within 60 days of an
17		application being deemed complete if the applicant has met
18		meet all of the criteria in Section 15-36.
19		(q) If a dispensing organization fails to submit an
20		application for renewal of an Early Approval Adult Use
21		Dispensing Organization License or for an Adult Use Dispensing
22		Organization License before the expiration dates provided in
23		subsections (o) and (p) of this Section, the dispensing
24		organization shall cease serving purchasers until it receives
25		a renewal or an Adult Use Dispensing Organization License.
26		(r) A dispensing organization agent who holds a valid

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1		dispensing organization agent identification card issued under
2		the Compassionate Use of Medical Cannabis Program Act and is
3		an officer, director, manager, or employee of the dispensing
4		organization licensed under this Section may engage in all
5		activities authorized by this Article to be performed by a
6		dispensing organization agent.
7		(s) If the Department suspends, permanently revokes, or
8		otherwise disciplines the Early Approval Adult Use Dispensing
9		Organization License of a dispensing organization that also
10		holds a medical cannabis dispensing organization license
11		issued under the Compassionate Use of Medical Cannabis Program
12		Act, the Department may consider the suspension, permanent
13		revocation, or other discipline as grounds to take
14		disciplinary action against the medical cannabis dispensing
15		organization.
16		(t) All fees collected pursuant to this Section shall be
17		deposited into the Cannabis Regulation Fund, unless otherwise
18		specified.
19		(Source: P.A. 104-417, eff. 8-15-25.)
20		(410 ILCS 705/15-24 new)
21		Sec. 15-24. Adult Use Dispensing Organization Licensee
22		relocation.
23		(a) An Adult Use Dispensing Organization licensee may
24		apply to relocate within the licensee's specific BLS Region
25		consistent with this Section. A request to relocate under this

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1		Section is subject to approval by the Department. An Adult Use
2		Dispensing Organization's application to relocate its license
3		under this Section shall be considered to be approved 30 days
4		following the submission of a complete application to
5		relocate, unless the request is sooner approved or denied in
6		writing by the Department. If an application to relocate is
7		denied, the Department shall provide, in writing, the specific
8		reason for denial. An Adult Use Dispensing Organization may
9		request to relocate under this Section only if:
10		(1) the Adult Use Dispensing Organization's existing
11		location is within the boundaries of a unit of local
12		government that prohibits the sale of adult use cannabis;
13		(2) the Adult Use Dispensing Organization has obtained
14		the zoning approval of a new location by the municipality
15		it currently operates in if the new location is within
16		that same municipality, or if outside the boundaries of a
17		municipality in an unincorporated area of the county, the
18		zoning approval of a new location by the county where it
19		currently operates in if the new location is within the
20		same county, to move to a different location within that
21		unit of local government; or
22		(3) the Adult Use Dispensing Organization has obtained
23		the approval, as evidenced by a letter of intent or full
24		zoning approval, to operate within the boundaries of a new
25		unit of local government, so long as the new unit of local
26		government is within the dispensing organization's

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1		specific BLS Region.
2		(b) The relocation of an Adult Use Dispensing Organization
3		Licensee under this Section shall be subject to Sections 55-25
4		and 55-28.
5		(410 ILCS 705/15-25)
6		Sec. 15-25. Awarding of Conditional Adult Use Dispensing
7		Organization Licenses prior to January 1, 2021.
8		(a) The Department shall issue up to 75 Conditional Adult
9		Use Dispensing Organization Licenses before May 1, 2020.
10		(b) The Department shall make the application for a
11		Conditional Adult Use Dispensing Organization License
12		available no later than October 1, 2019 and shall accept
13		applications no later than January 1, 2020.
14		(c) To ensure the geographic dispersion of Conditional
15		Adult Use Dispensing Organization License holders, the
16		following number of licenses shall be awarded in each BLS
17		Region as determined by each region's percentage of the
18		State's population:
19		(1) Bloomington: 1
20		(2) Cape Girardeau: 1
21		(3) Carbondale-Marion: 1
22		(4) Champaign-Urbana: 1
23		(5) Chicago-Naperville-Elgin: 47
24		(6) Danville: 1
25		(7) Davenport-Moline-Rock Island: 1

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1		(8) Decatur: 1
2		(9) Kankakee: 1
3		(10) Peoria: 3
4		(11) Rockford: 2
5		(12) St. Louis: 4
6		(13) Springfield: 1
7		(14) Northwest Illinois nonmetropolitan: 3
8		(15) West Central Illinois nonmetropolitan: 3
9		(16) East Central Illinois nonmetropolitan: 2
10		(17) South Illinois nonmetropolitan: 2
11		(d) An applicant seeking issuance of a Conditional Adult
12		Use Dispensing Organization License shall submit an
13		application on forms provided by the Department. An applicant
14		must meet the following requirements:
15		(1) Payment of a nonrefundable application fee of
16		$5,000 for each license for which the applicant is
17		applying, which shall be deposited into the Cannabis
18		Regulation Fund;
19		(2) Certification that the applicant will comply with
20		the requirements contained in this Act;
21		(3) The legal name of the proposed dispensing
22		organization;
23		(4) A statement that the dispensing organization
24		agrees to respond to the Department's supplemental
25		requests for information;
26		(5) From each principal officer, a statement

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1		indicating whether that person:
2		(A) has previously held or currently holds an
3		ownership interest in a cannabis business
4		establishment in Illinois; or
5		(B) has held an ownership interest in a dispensing
6		organization or its equivalent in another state or
7		territory of the United States that had the dispensing
8		organization registration or license suspended,
9		revoked, placed on probationary status, or subjected
10		to other disciplinary action;
11		(6) Disclosure of whether any principal officer has
12		ever filed for bankruptcy or defaulted on spousal support
13		or child support obligation;
14		(7) A resume for each principal officer, including
15		whether that person has an academic degree, certification,
16		or relevant experience with a cannabis business
17		establishment or in a related industry;
18		(8) A description of the training and education that
19		will be provided to dispensing organization agents;
20		(9) A copy of the proposed operating bylaws;
21		(10) A copy of the proposed business plan that
22		complies with the requirements in this Act, including, at
23		a minimum, the following:
24		(A) A description of services to be offered; and
25		(B) A description of the process of dispensing
26		cannabis;

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1		(11) A copy of the proposed security plan that
2		complies with the requirements in this Article, including:
3		(A) The process or controls that will be
4		implemented to monitor the dispensary, secure the
5		premises, agents, and currency, and prevent the
6		diversion, theft, or loss of cannabis; and
7		(B) The process to ensure that access to the
8		restricted access areas is restricted to, registered
9		agents, service professionals, transporting
10		organization agents, Department inspectors, and
11		security personnel;
12		(12) A proposed inventory control plan that complies
13		with this Section;
14		(13) A proposed floor plan, a square footage estimate,
15		and a description of proposed security devices, including,
16		without limitation, cameras, motion detectors, servers,
17		video storage capabilities, and alarm service providers;
18		(14) The name, address, social security number, and
19		date of birth of each principal officer and board member
20		of the dispensing organization; each of those individuals
21		shall be at least 21 years of age;
22		(15) Evidence of the applicant's status as a Social
23		Equity Applicant, if applicable, and whether a Social
24		Equity Applicant plans to apply for a loan or grant issued
25		by the Department of Commerce and Economic Opportunity;
26		(16) The address, telephone number, and email address

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1		of the applicant's principal place of business, if
2		applicable. A post office box is not permitted;
3		(17) Written summaries of any information regarding
4		instances in which a business or not-for-profit that a
5		prospective board member previously managed or served on
6		were fined or censured, or any instances in which a
7		business or not-for-profit that a prospective board member
8		previously managed or served on had its registration
9		suspended or revoked in any administrative or judicial
10		proceeding;
11		(18) A plan for community engagement;
12		(19) Procedures to ensure accurate recordkeeping and
13		security measures that are in accordance with this Article
14		and Department rules;
15		(20) The estimated volume of cannabis it plans to
16		store at the dispensary;
17		(21) A description of the features that will provide
18		accessibility to purchasers as required by the Americans
19		with Disabilities Act;
20		(22) A detailed description of air treatment systems
21		that will be installed to reduce odors;
22		(23) A reasonable assurance that the issuance of a
23		license will not have a detrimental impact on the
24		community in which the applicant wishes to locate;
25		(24) The dated signature of each principal officer;
26		(25) A description of the enclosed, locked facility

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1		where cannabis will be stored by the dispensing
2		organization;
3		(26) Signed statements from each dispensing
4		organization agent stating that he or she will not divert
5		cannabis;
6		(27) The number of licenses it is applying for in each
7		BLS Region;
8		(28) A diversity plan that includes a narrative of at
9		least 2,500 words that establishes a goal of diversity in
10		ownership, management, employment, and contracting to
11		ensure that diverse participants and groups are afforded
12		equality of opportunity;
13		(29) A contract with a private security contractor
14		agency that is licensed under Section 10-5 of the Private
15		Detective, Private Alarm, Private Security, Fingerprint
16		Vendor, and Locksmith Act of 2004 in order for the
17		dispensary to have adequate security at its facility; and
18		(30) Other information deemed necessary by the
19		Illinois Cannabis Regulation Oversight Officer to conduct
20		the disparity and availability study referenced in
21		subsection (e) of Section 5-45.
22		(e) An applicant who receives a Conditional Adult Use
23		Dispensing Organization License under this Section has 180
24		days from the date of award to identify a physical location for
25		the dispensing organization retail storefront. The applicant
26		shall provide evidence that the location is not within 1,500

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1		feet of an existing dispensing organization, unless the
2		applicant is a Social Equity Applicant or Social Equity
3		Justice Involved Applicant located or seeking to locate within
4		1,500 feet of a dispensing organization licensed under Section
5		15-15 or Section 15-20. If an applicant is unable to find a
6		suitable physical address in the opinion of the Department
7		within 180 days of the issuance of the Conditional Adult Use
8		Dispensing Organization License, the Department may extend the
9		period for finding a physical address an additional 540 days
10		if the Conditional Adult Use Dispensing Organization License
11		holder demonstrates concrete attempts to secure a location and
12		a hardship. If the Department denies the extension or the
13		Conditional Adult Use Dispensing Organization License holder
14		is unable to either find a location within 720 days of being
15		awarded a conditional license and become operational within
16		180 days thereafter or become operational within 720 days of
17		being awarded a conditional license, the Department may,
18		considering the totality of the circumstances, rescind the
19		conditional license. If the conditional license holder does
20		not become operational within 365 days after having found a
21		location, the Department may mandate a date by which the
22		conditional license holder shall become operational prior to
23		the Department rescinding the conditional license. If the
24		Department rescinds shall rescind the conditional license it
25		may and award it to the next highest scoring applicant in the
26		BLS Region for which the license was assigned, provided the

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1		applicant receiving the license: (i) confirms a continued
2		interest in operating a dispensing organization; (ii) can
3		provide evidence that the applicant continues to meet all
4		requirements for holding a Conditional Adult Use Dispensing
5		Organization License set forth in this Act; and (iii) has not
6		otherwise become ineligible to be awarded a dispensing
7		organization license. If the new awardee is unable to accept
8		the Conditional Adult Use Dispensing Organization License, the
9		Department may issue shall award the Conditional Adult Use
10		Dispensing Organization License to the next highest scoring
11		applicant in the same manner. The new awardee shall be subject
12		to the same required deadlines as provided in this subsection.
13		(e-5) If, within 720 days of being awarded a Conditional
14		Adult Use Dispensing Organization License, a dispensing
15		organization is unable to find a location within the BLS
16		Region in which it was awarded a Conditional Adult Use
17		Dispensing Organization License because no jurisdiction within
18		the BLS Region allows for the operation of an Adult Use
19		Dispensing Organization, the Department of Financial and
20		Professional Regulation may authorize the Conditional Adult
21		Use Dispensing Organization License holder to transfer its
22		license to a BLS Region specified by the Department.
23		(f) A dispensing organization that is awarded a
24		Conditional Adult Use Dispensing Organization License pursuant
25		to the criteria in Section 15-30 shall not purchase, possess,
26		sell, or dispense cannabis or cannabis-infused products until

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1		the person has received an Adult Use Dispensing Organization
2		License issued by the Department pursuant to Section 15-36 of
3		this Act.
4		(g) The Department shall conduct a background check of the
5		prospective organization agents in order to carry out this
6		Article. The Illinois State Police shall charge the applicant
7		a fee for conducting the criminal history record check, which
8		shall be deposited into the State Police Services Fund and
9		shall not exceed the actual cost of the record check. Each
10		person applying as a dispensing organization agent shall
11		submit a full set of fingerprints to the Illinois State Police
12		for the purpose of obtaining a State and federal criminal
13		records check. These fingerprints shall be checked against the
14		fingerprint records now and hereafter, to the extent allowed
15		by law, filed in the Illinois State Police and Federal Bureau
16		of Identification criminal history records databases. The
17		Illinois State Police shall furnish, following positive
18		identification, all Illinois conviction information to the
19		Department.
20		(Source: P.A. 102-98, eff. 7-15-21; 102-538, eff. 8-20-21;
21		102-813, eff. 5-13-22; 103-8, eff. 6-7-23.)
22		(410 ILCS 705/15-35)
23		Sec. 15-35. Qualifying Applicant Lottery for Conditional
24		Adult Use Dispensing Organization Licenses.
25		(a) In addition to any of the licenses issued under

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1		Section 15-15, Section 15-20, Section 15-25, Section 15-30.20,
2		or Section 15-35.10 of this Act, within 10 business days after
3		the resulting final scores for all scored applications
4		pursuant to Sections 15-25 and 15-30 are released, the
5		Department shall issue up to 55 Conditional Adult Use
6		Dispensing Organization Licenses by lot, pursuant to the
7		application process adopted under this Section. In order to be
8		eligible to be awarded a Conditional Adult Use Dispensing
9		Organization License by lot under this Section, a Dispensary
10		Applicant must be a Qualifying Applicant.
11		The licenses issued under this Section shall be awarded in
12		each BLS Region in the following amounts:
13		(1) Bloomington: 1.
14		(2) Cape Girardeau: 1.
15		(3) Carbondale-Marion: 1.
16		(4) Champaign-Urbana: 1.
17		(5) Chicago-Naperville-Elgin: 36.
18		(6) Danville: 1.
19		(7) Davenport-Moline-Rock Island: 1.
20		(8) Decatur: 1.
21		(9) Kankakee: 1.
22		(10) Peoria: 2.
23		(11) Rockford: 1.
24		(12) St. Louis: 3.
25		(13) Springfield: 1.
26		(14) Northwest Illinois nonmetropolitan: 1.

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1		(15) West Central Illinois nonmetropolitan: 1.
2		(16) East Central Illinois nonmetropolitan: 1.
3		(17) South Illinois nonmetropolitan: 1.
4		(a-5) Prior to issuing licenses under subsection (a), the
5		Department may adopt rules through emergency rulemaking in
6		accordance with subsection (kk) of Section 5-45 of the
7		Illinois Administrative Procedure Act. The General Assembly
8		finds that the adoption of rules to regulate cannabis use is
9		deemed an emergency and necessary for the public interest,
10		safety, and welfare.
11		(b) The Department shall distribute the available licenses
12		established under this Section subject to the following:
13		(1) The drawing by lot for all available licenses
14		issued under this Section shall occur on the same day when
15		practicable.
16		(2) Within each BLS Region, the first Qualifying
17		Applicant drawn will have the first right to an available
18		license. The second Qualifying Applicant drawn will have
19		the second right to an available license. The same pattern
20		will continue for each subsequent Qualifying Applicant
21		drawn.
22		(3) The process for distributing available licenses
23		under this Section shall be recorded by the Department in
24		a format selected by the Department.
25		(4) A Dispensary Applicant is prohibited from becoming
26		a Qualifying Applicant if a principal officer resigns

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1		after the resulting final scores for all scored
2		applications pursuant to Sections 15-25 and 15-30 are
3		released.
4		(5) No Qualifying Applicant may be awarded more than 2
5		Conditional Adult Use Dispensing Organization Licenses at
6		the conclusion of a lottery conducted under this Section.
7		(6) No individual may be listed as a principal officer
8		of more than 2 Conditional Adult Use Dispensing
9		Organization Licenses awarded under this Section.
10		(7) If, upon being selected for an available license
11		established under this Section, a Qualifying Applicant
12		exceeds the limits under paragraph (5) or (6), the
13		Qualifying Applicant must choose which license to abandon
14		and notify the Department in writing within 5 business
15		days. If the Qualifying Applicant does not notify the
16		Department as required, the Department shall refuse to
17		issue the Qualifying Applicant all available licenses
18		established under this Section obtained by lot in all BLS
19		Regions.
20		(8) If, upon being selected for an available license
21		established under this Section, a Qualifying Applicant has
22		a principal officer who is a principal officer in more
23		than 10 Early Approval Adult Use Dispensing Organization
24		Licenses, Conditional Adult Use Dispensing Organization
25		Licenses, Adult Use Dispensing Organization Licenses, or
26		any combination thereof, the licensees and the Qualifying

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1		Applicant listing that principal officer must choose which
2		license to abandon pursuant to subsection (d) of Section
3		15-36 and notify the Department in writing within 5
4		business days. If the Qualifying Applicant or licensees do
5		not notify the Department as required, the Department
6		shall refuse to issue the Qualifying Applicant all
7		available licenses established under this Section obtained
8		by lot in all BLS Regions.
9		(9) All available licenses that have been abandoned
10		under paragraph (7) or (8) shall be distributed to the
11		next Qualifying Applicant drawn by lot.
12		Any and all rights conferred or obtained under this
13		Section shall be limited to the provisions of this Section.
14		(c) An applicant who receives a Conditional Adult Use
15		Dispensing Organization License under this Section has 180
16		days from the date it is awarded to identify a physical
17		location for the dispensing organization's retail storefront.
18		The applicant shall provide evidence that the location is not
19		within 1,500 feet of an existing dispensing organization,
20		unless the applicant is a Social Equity Applicant or Social
21		Equity Justice Involved Applicant located or seeking to locate
22		within 1,500 feet of a dispensing organization licensed under
23		Section 15-15 or Section 15-20. If an applicant is unable to
24		find a suitable physical address in the opinion of the
25		Department within 180 days from the issuance of the
26		Conditional Adult Use Dispensing Organization License, the

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1		Department may extend the period for finding a physical
2		address an additional 540 days if the Conditional Adult Use
3		Dispensing Organization License holder demonstrates a concrete
4		attempt to secure a location and a hardship. If the Department
5		denies the extension or the Conditional Adult Use Dispensing
6		Organization License holder is unable to either find a
7		location within 720 days of being awarded a conditional
8		license and become operational within 180 days thereafter or
9		become operational within 720 days of being awarded a
10		Conditional Adult Use Dispensing Organization License, the
11		Department may, considering the totality of the circumstances,
12		rescind the conditional license. If the conditional license
13		holder does not become operational within 365 days after
14		having found a location, the Department may mandate a date by
15		which the conditional license holder shall become operational
16		prior to the Department rescinding the conditional license. If
17		under this Section, the Department rescinds shall rescind the
18		Conditional Adult Use Dispensing Organization License, it may
19		issue and award it pursuant to subsection (b), provided the
20		applicant receiving the Conditional Adult Use Dispensing
21		Organization License: (i) confirms a continued interest in
22		operating a dispensing organization; (ii) can provide evidence
23		that the applicant continues to meet all requirements for
24		holding a Conditional Adult Use Dispensing Organization
25		License set forth in this Act; and (iii) has not otherwise
26		become ineligible to be awarded a Conditional Adult Use

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1		Dispensing Organization License. If the new awardee is unable
2		to accept the Conditional Adult Use Dispensing Organization
3		License, the Department may issue shall award the Conditional
4		Adult Use Dispensing Organization License pursuant to
5		subsection (b). The new awardee shall be subject to the same
6		required deadlines as provided in this subsection.
7		(d) If, within 720 days of being awarded a Conditional
8		Adult Use Dispensing Organization License, a dispensing
9		organization is unable to find a location within the BLS
10		Region in which it was awarded a Conditional Adult Use
11		Dispensing Organization License because no jurisdiction within
12		the BLS Region allows for the operation of an Adult Use
13		Dispensing Organization, the Department may authorize the
14		Conditional Adult Use Dispensing Organization License holder
15		to transfer its Conditional Adult Use Dispensing Organization
16		License to a BLS Region specified by the Department.
17		(e) A dispensing organization that is awarded a
18		Conditional Adult Use Dispensing Organization License under
19		this Section shall not purchase, possess, sell, or dispense
20		cannabis or cannabis-infused products until the dispensing
21		organization has received an Adult Use Dispensing Organization
22		License issued by the Department pursuant to Section 15-36.
23		(f) The Department shall conduct a background check of the
24		prospective dispensing organization agents in order to carry
25		out this Article. The Illinois State Police shall charge the
26		applicant a fee for conducting the criminal history record

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1		check, which shall be deposited into the State Police Services
2		Fund and shall not exceed the actual cost of the record check.
3		Each person applying as a dispensing organization agent shall
4		submit a full set of fingerprints to the Illinois State Police
5		for the purpose of obtaining a State and federal criminal
6		records check. These fingerprints shall be checked against the
7		fingerprint records now and hereafter, to the extent allowed
8		by law, filed with the Illinois State Police and the Federal
9		Bureau of Investigation criminal history records databases.
10		The Illinois State Police shall furnish, following positive
11		identification, all Illinois conviction information to the
12		Department.
13		(g) The Department may verify information contained in
14		each application and accompanying documentation to assess the
15		applicant's veracity and fitness to operate a dispensing
16		organization.
17		(h) The Department may, in its discretion, refuse to issue
18		authorization to an applicant who meets any of the following
19		criteria:
20		(1) An applicant who is unqualified to perform the
21		duties required of the applicant.
22		(2) An applicant who fails to disclose or states
23		falsely any information called for in the application.
24		(3) An applicant who has been found guilty of a
25		violation of this Act, who has had any disciplinary order
26		entered against the applicant by the Department, who has

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1		entered into a disciplinary or nondisciplinary agreement
2		with the Department, whose medical cannabis dispensing
3		organization, medical cannabis cultivation organization,
4		Early Approval Adult Use Dispensing Organization License,
5		Early Approval Adult Use Dispensing Organization License
6		at a secondary site, Early Approval Cultivation Center
7		License, Conditional Adult Use Dispensing Organization
8		License, or Adult Use Dispensing Organization License was
9		suspended, restricted, revoked, or denied for just cause,
10		or whose cannabis business establishment license was
11		suspended, restricted, revoked, or denied in any other
12		state.
13		(4) An applicant who has engaged in a pattern or
14		practice of unfair or illegal practices, methods, or
15		activities in the conduct of owning a cannabis business
16		establishment or other business.
17		(i) The Department shall deny issuance of a license under
18		this Section if any principal officer, board member, or person
19		having a financial or voting interest of 5% or greater in the
20		licensee is delinquent in filing any required tax return or
21		paying any amount owed to the State of Illinois.
22		(j) The Department shall verify an applicant's compliance
23		with the requirements of this Article and rules adopted under
24		this Article before issuing a Conditional Adult Use Dispensing
25		Organization License under this Section.
26		(k) If an applicant is awarded a Conditional Adult Use

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1		Dispensing Organization License under this Section, the
2		information and plans provided in the application, including
3		any plans submitted for bonus points, shall become a condition
4		of the Conditional Adult Use Dispensing Organization License
5		and any Adult Use Dispensing Organization License issued to
6		the holder of the Conditional Adult Use Dispensing
7		Organization License, except as otherwise provided by this Act
8		or by rule. A dispensing organization has a duty to disclose
9		any material changes to the application. The Department shall
10		review all material changes disclosed by the dispensing
11		organization and may reevaluate its prior decision regarding
12		the awarding of a Conditional Adult Use Dispensing
13		Organization License, including, but not limited to,
14		suspending or permanently revoking a Conditional Adult Use
15		Dispensing Organization License. Failure to comply with the
16		conditions or requirements in the application may subject the
17		dispensing organization to discipline up to and including
18		suspension or permanent revocation of its authorization or
19		Conditional Adult Use Dispensing Organization License by the
20		Department.
21		(l) If an applicant has not begun operating as a
22		dispensing organization within one year after the issuance of
23		the Conditional Adult Use Dispensing Organization License
24		under this Section, the Department may permanently revoke the
25		Conditional Adult Use Dispensing Organization License and
26		award it to the next highest scoring applicant in the BLS

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1		Region if a suitable applicant indicates a continued interest
2		in the Conditional Adult Use Dispensing Organization License
3		or may begin a new selection process to award a Conditional
4		Adult Use Dispensing Organization License.
5		(Source: P.A. 102-98, eff. 7-15-21; 103-8, eff. 6-7-23.)
6		(410 ILCS 705/15-35.10)
7		Sec. 15-35.10. Social Equity Justice Involved Lottery for
8		Conditional Adult Use Dispensing Organization Licenses.
9		(a) In addition to any of the licenses issued under
10		Section 15-15, Section 15-20, Section 15-25, Section 15-30.20,
11		or Section 15-35, within 10 business days after the resulting
12		final scores for all scored applications pursuant to Sections
13		15-25 and 15-30 are released, the Department shall issue up to
14		55 Conditional Adult Use Dispensing Organization Licenses by
15		lot, pursuant to the application process adopted under this
16		Section. In order to be eligible to be awarded a Conditional
17		Adult Use Dispensing Organization License by lot, a Dispensary
18		Applicant must be a Qualifying Social Equity Justice Involved
19		Applicant.
20		The licenses issued under this Section shall be awarded in
21		each BLS Region in the following amounts:
22		(1) Bloomington: 1.
23		(2) Cape Girardeau: 1.
24		(3) Carbondale-Marion: 1.
25		(4) Champaign-Urbana: 1.

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1		(5) Chicago-Naperville-Elgin: 36.
2		(6) Danville: 1.
3		(7) Davenport-Moline-Rock Island: 1.
4		(8) Decatur: 1.
5		(9) Kankakee: 1.
6		(10) Peoria: 2.
7		(11) Rockford: 1.
8		(12) St. Louis: 3.
9		(13) Springfield: 1.
10		(14) Northwest Illinois nonmetropolitan: 1.
11		(15) West Central Illinois nonmetropolitan: 1.
12		(16) East Central Illinois nonmetropolitan: 1.
13		(17) South Illinois nonmetropolitan: 1.
14		(a-5) Prior to issuing licenses under subsection (a), the
15		Department may adopt rules through emergency rulemaking in
16		accordance with subsection (kk) of Section 5-45 of the
17		Illinois Administrative Procedure Act. The General Assembly
18		finds that the adoption of rules to regulate cannabis use is
19		deemed an emergency and necessary for the public interest,
20		safety, and welfare.
21		(b) The Department shall distribute the available licenses
22		established under this Section subject to the following:
23		(1) The drawing by lot for all available licenses
24		established under this Section shall occur on the same day
25		when practicable.
26		(2) Within each BLS Region, the first Qualifying

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1		Social Equity Justice Involved Applicant drawn will have
2		the first right to an available license. The second
3		Qualifying Social Equity Justice Involved Applicant drawn
4		will have the second right to an available license. The
5		same pattern will continue for each subsequent applicant
6		drawn.
7		(3) The process for distributing available licenses
8		under this Section shall be recorded by the Department in
9		a format selected by the Department.
10		(4) A Dispensary Applicant is prohibited from becoming
11		a Qualifying Social Equity Justice Involved Applicant if a
12		principal officer resigns after the resulting final scores
13		for all scored applications pursuant to Sections 15-25 and
14		15-30 are released.
15		(5) No Qualifying Social Equity Justice Involved
16		Applicant may be awarded more than 2 Conditional Adult Use
17		Dispensing Organization Licenses at the conclusion of a
18		lottery conducted under this Section.
19		(6) No individual may be listed as a principal officer
20		of more than 2 Conditional Adult Use Dispensing
21		Organization Licenses awarded under this Section.
22		(7) If, upon being selected for an available license
23		established under this Section, a Qualifying Social Equity
24		Justice Involved Applicant exceeds the limits under
25		paragraph (5) or (6), the Qualifying Social Equity Justice
26		Involved Applicant must choose which license to abandon

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1		and notify the Department in writing within 5 business
2		days on forms prescribed by the Department. If the
3		Qualifying Social Equity Justice Involved Applicant does
4		not notify the Department as required, the Department
5		shall refuse to issue the Qualifying Social Equity Justice
6		Involved Applicant all available licenses established
7		under this Section obtained by lot in all BLS Regions.
8		(8) If, upon being selected for an available license
9		established under this Section, a Qualifying Social Equity
10		Justice Involved Applicant has a principal officer who is
11		a principal officer in more than 10 Early Approval Adult
12		Use Dispensing Organization Licenses, Conditional Adult
13		Use Dispensing Organization Licenses, Adult Use Dispensing
14		Organization Licenses, or any combination thereof, the
15		licensees and the Qualifying Social Equity Justice
16		Involved Applicant listing that principal officer must
17		choose which license to abandon pursuant to subsection (d)
18		of Section 15-36 and notify the Department in writing
19		within 5 business days on forms prescribed by the
20		Department. If the Dispensary Applicant or licensees do
21		not notify the Department as required, the Department
22		shall refuse to issue the Qualifying Social Equity Justice
23		Involved Applicant all available licenses established
24		under this Section obtained by lot in all BLS Regions.
25		(9) All available licenses that have been abandoned
26		under paragraph (7) or (8) shall be distributed to the

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1		next Qualifying Social Equity Justice Involved Applicant
2		drawn by lot.
3		Any and all rights conferred or obtained under this
4		subsection shall be limited to the provisions of this
5		subsection.
6		(c) An applicant who receives a Conditional Adult Use
7		Dispensing Organization License under this Section has 180
8		days from the date of the award to identify a physical location
9		for the dispensing organization's retail storefront. The
10		applicant shall provide evidence that the location is not
11		within 1,500 feet of an existing dispensing organization,
12		unless the applicant is a Social Equity Applicant or Social
13		Equity Justice Involved Applicant located or seeking to locate
14		within 1,500 feet of a dispensing organization licensed under
15		Section 15-15 or Section 15-20. If an applicant is unable to
16		find a suitable physical address in the opinion of the
17		Department within 180 days from the issuance of the
18		Conditional Adult Use Dispensing Organization License, the
19		Department may extend the period for finding a physical
20		address an additional 540 days if the Conditional Adult Use
21		Dispensing Organization License holder demonstrates a concrete
22		attempt to secure a location and a hardship. If the Department
23		denies the extension or the Conditional Adult Use Dispensing
24		Organization License holder is unable to either find a
25		location within 720 days of being awarded a conditional
26		license and become operational within 180 days thereafter or

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1		become operational within 720 days of being awarded a
2		Conditional Adult Use Dispensing Organization License, the
3		Department may, considering the totality of the circumstances,
4		rescind the conditional license. If the conditional license
5		holder does not become operational within 365 days after
6		having found a location, the Department may mandate a date by
7		which the conditional license holder shall become operational
8		prior to the Department rescinding the conditional license. If
9		under this Section, the Department rescinds shall rescind the
10		Conditional Adult Use Dispensing Organization License it may
11		issue and award it pursuant to subsection (b) and notify the
12		new awardee at the email address provided in the awardee's
13		application, provided the applicant receiving the Conditional
14		Adult Use Dispensing Organization License: (i) confirms a
15		continued interest in operating a dispensing organization;
16		(ii) can provide evidence that the applicant continues to meet
17		all requirements for holding a Conditional Adult Use
18		Dispensing Organization License set forth in this Act; and
19		(iii) has not otherwise become ineligible to be awarded a
20		Conditional Adult Use Dispensing Organization License. If the
21		new awardee is unable to accept the Conditional Adult Use
22		Dispensing Organization License, the Department may issue
23		shall award the Conditional Adult Use Dispensing Organization
24		License pursuant to subsection (b). The new awardee shall be
25		subject to the same required deadlines as provided in this
26		subsection.

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1		(d) If, within 720 180 days of being awarded a Conditional
2		Adult Use Dispensing Organization License, a dispensing
3		organization is unable to find a location within the BLS
4		Region in which it was awarded a Conditional Adult Use
5		Dispensing Organization License under this Section because no
6		jurisdiction within the BLS Region allows for the operation of
7		an Adult Use Dispensing Organization, the Department may
8		authorize the Conditional Adult Use Dispensing Organization
9		License holder to transfer its Conditional Adult Use
10		Dispensing Organization License to a BLS Region specified by
11		the Department.
12		(e) A dispensing organization that is awarded a
13		Conditional Adult Use Dispensing Organization License under
14		this Section shall not purchase, possess, sell, or dispense
15		cannabis or cannabis-infused products until the dispensing
16		organization has received an Adult Use Dispensing Organization
17		License issued by the Department pursuant to Section 15-36.
18		(f) The Department shall conduct a background check of the
19		prospective dispensing organization agents in order to carry
20		out this Article. The Illinois State Police shall charge the
21		applicant a fee for conducting the criminal history record
22		check, which shall be deposited into the State Police Services
23		Fund and shall not exceed the actual cost of the record check.
24		Each person applying as a dispensing organization agent shall
25		submit a full set of fingerprints to the Illinois State Police
26		for the purpose of obtaining a State and federal criminal

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1		records check. These fingerprints shall be checked against the
2		fingerprint records now and hereafter, to the extent allowed
3		by law, filed with the Illinois State Police and the Federal
4		Bureau of Investigation criminal history records databases.
5		The Illinois State Police shall furnish, following positive
6		identification, all Illinois conviction information to the
7		Department.
8		(g) The Department may verify information contained in
9		each application and accompanying documentation to assess the
10		applicant's veracity and fitness to operate a dispensing
11		organization.
12		(h) The Department may, in its discretion, refuse to issue
13		an authorization to an applicant who meets any of the
14		following criteria:
15		(1) An applicant who is unqualified to perform the
16		duties required of the applicant.
17		(2) An applicant who fails to disclose or states
18		falsely any information called for in the application.
19		(3) An applicant who has been found guilty of a
20		violation of this Act, who has had any disciplinary order
21		entered against the applicant by the Department, who has
22		entered into a disciplinary or nondisciplinary agreement
23		with the Department, whose medical cannabis dispensing
24		organization, medical cannabis cultivation organization,
25		Early Approval Adult Use Dispensing Organization License,
26		Early Approval Adult Use Dispensing Organization License

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1		at a secondary site, Early Approval Cultivation Center
2		License, Conditional Adult Use Dispensing Organization
3		License, or Adult Use Dispensing Organization License was
4		suspended, restricted, revoked, or denied for just cause,
5		or whose cannabis business establishment license was
6		suspended, restricted, revoked, or denied in any other
7		state.
8		(4) An applicant who has engaged in a pattern or
9		practice of unfair or illegal practices, methods, or
10		activities in the conduct of owning a cannabis business
11		establishment or other business.
12		(i) The Department shall deny the license if any principal
13		officer, board member, or person having a financial or voting
14		interest of 5% or greater in the licensee is delinquent in
15		filing any required tax return or paying any amount owed to the
16		State of Illinois.
17		(j) The Department shall verify an applicant's compliance
18		with the requirements of this Article and rules adopted under
19		this Article before issuing a Conditional Adult Use Dispensing
20		Organization License.
21		(k) If an applicant is awarded a Conditional Adult Use
22		Dispensing Organization License under this Section, the
23		information and plans provided in the application, including
24		any plans submitted for bonus points, shall become a condition
25		of the Conditional Adult Use Dispensing Organization License
26		and any Adult Use Dispensing Organization License issued to

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1		the holder of the Conditional Adult Use Dispensing
2		Organization License, except as otherwise provided by this Act
3		or by rule. Dispensing organizations have a duty to disclose
4		any material changes to the application. The Department shall
5		review all material changes disclosed by the dispensing
6		organization and may reevaluate its prior decision regarding
7		the awarding of a Conditional Adult Use Dispensing
8		Organization License, including, but not limited to,
9		suspending or permanently revoking a Conditional Adult Use
10		Dispensing Organization License. Failure to comply with the
11		conditions or requirements in the application may subject the
12		dispensing organization to discipline up to and including
13		suspension or permanent revocation of its authorization or
14		Conditional Adult Use Dispensing Organization License by the
15		Department.
16		(l) If an applicant has not begun operating as a
17		dispensing organization within one year after the issuance of
18		the Conditional Adult Use Dispensing Organization License
19		under this Section, the Department may permanently revoke the
20		Conditional Adult Use Dispensing Organization License and
21		award it to the next highest scoring applicant in the BLS
22		Region if a suitable applicant indicates a continued interest
23		in the Conditional Adult Use Dispensing Organization License
24		or may begin a new selection process to award a Conditional
25		Adult Use Dispensing Organization License.
26		(Source: P.A. 102-98, eff. 7-15-21; 103-8, eff. 6-7-23.)

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1		(410 ILCS 705/15-36)
2		Sec. 15-36. Adult Use Dispensing Organization License.
3		(a) A person is only eligible to receive or hold an Adult
4		Use Dispensing Organization License if the person has been
5		issued awarded a Conditional Adult Use Dispensing Organization
6		License, an Early Approval Adult Use Dispensing Organization
7		License, or an Early Approval Adult Use Dispensing
8		Organization License at a Secondary Site pursuant to this Act
9		or its administrative rules or has renewed its license
10		pursuant to subsection (k) of Section 15-15 or subsection (p)
11		of Section 15-20.
12		(b) The Department shall not issue an Adult Use Dispensing
13		Organization License until:
14		(1) the Department has inspected the dispensary site
15		and proposed operations and verified that they are in
16		compliance with this Act and local zoning laws;
17		(2) the Conditional Adult Use Dispensing Organization
18		License holder has paid a license fee of $60,000 or a
19		prorated amount accounting for the difference of time
20		between when the Adult Use Dispensing Organization License
21		is issued and March 31 of the next even-numbered year; and
22		(3) the Conditional Adult Use Dispensing Organization
23		License holder has met all the requirements in this Act
24		and rules.
25		(c) No person or entity shall hold any legal, equitable,

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1		ownership, or beneficial interest, directly or indirectly, of
2		more than 10 dispensing organizations, including through any
3		management contract, consultant contract, or other similar
4		arrangement. licensed under this Article. Further, no
5		(c-1) No person or entity that is: (1) employed by, is an
6		agent of, or participates in the management of a dispensing
7		organization or registered medical cannabis dispensing
8		organization; no person who is (2) a principal officer of a
9		dispensing organization or registered medical cannabis
10		dispensing organization; and no or (3) an entity controlled by
11		or affiliated with a principal officer of a dispensing
12		organization or registered medical cannabis dispensing
13		organization; shall hold any legal, equitable, ownership, or
14		beneficial interest, directly or indirectly, in a dispensing
15		organization that would result in such person or entity owning
16		or participating in the management of more than 10 dispensing
17		organizations licensed under this Article, including through
18		any management contract, consulting contract, or similar
19		arrangement Early Approval Adult Use Dispensing Organization
20		Licenses, Early Approval Adult Use Dispensing Organization
21		Licenses at a secondary site, Conditional Adult Use Dispensing
22		Organization Licenses, or Adult Use Dispensing Organization
23		Licenses.
24		(c-2) Notwithstanding subsections (c) and (c-1), if a
25		person or entity enters an arrangement that could or does
26		result in the person or entity receiving payments from a

SB3222 Enrolled - 492 - LRB104 19119 AAS 32564 b
1		dispensing organization in an amount exceeding any of the
2		amounts in paragraphs (1) through (3) of this subsection,
3		then, unless the dispensing organization is approved by the
4		Department for a limited waiver as identified in this Section,
5		the person or entity is considered to be a principal officer of
6		the dispensing organization requiring the Department's
7		approval and registration:
8		(1) 10% of the dispensing organization's monthly gross
9		revenue;
10		(2) 50% of the dispensing organizations 's net profits
11		in a calendar year; or
12		(3) $250,000, or an amount otherwise determined by the
13		Department via administrative rulemaking, in a calendar
14		year.
15		The Department may grant a limited waiver to the
16		requirements of this subsection if the dispensing
17		organization demonstrates good cause and there is no
18		transfer of ownership and control.
19		For the purpose of this subsection, participating in
20		management may include, without limitation, controlling
21		decisions regarding staffing, pricing, purchasing, marketing,
22		store design, hiring, and website design.
23		(d) The Department shall deny an application if granting
24		that application would result in a person or entity obtaining
25		direct or indirect financial interest in more than 10 Early
26		Approval Adult Use Dispensing Organization Licenses or

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1		Dispensing Organization Licenses , Conditional Adult Use
2		Dispensing Organization Licenses, Adult Use Dispensing
3		Organization Licenses, or any combination thereof. If a person
4		or entity is awarded a Conditional Adult Use Dispensing
5		Organization License that would cause the person or entity to
6		be in violation of this subsection, he, she, or it shall choose
7		which license application it wants to abandon and such
8		licenses shall become available to the next qualified
9		applicant in the region in which the abandoned license was
10		awarded.
11		(e) As used in this Section:
12		"Equitable or beneficial ownership" includes the interests
13		arising under or in connection with any arrangement that has
14		the effect of granting the person or entity the power or
15		authority to participate in the operation or management of the
16		dispensing organization.
17		"Participating in the operation or management of a
18		dispensing organization" includes, without limitation,
19		controlling decisions regarding staffing, pricing, purchasing,
20		marketing, store design, and hiring. "Participating in the
21		operation or management" does not include third parties who
22		provide administrative services marketed and delivered to the
23		general population of business in Illinois, such as accounting
24		or information technology support.
25		(Source: P.A. 104-417, eff. 8-15-25.)

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1		(410 ILCS 705/15-37 new)
2		Sec. 15-37. Medical Cannabis Dispensing Organization
3		License.
4		(a) Beginning 90 days after the effective date of this
5		amendatory Act of the 104th General Assembly, the Department
6		may issue a Medical Cannabis Dispensing Organization License
7		to any entity holding an Adult Use Dispensing Organization
8		License.
9		(b) The Medical Cannabis Dispensing Organization License
10		shall be issued to the same entity holding the Adult Use
11		Dispensing Organization License and for the same address of
12		the corresponding dispensary.
13		(c) The Department shall provide an approval process for
14		issuing Medical Cannabis Dispensing Organization Licenses to
15		corresponding Adult Use Dispensing Organization Licensees,
16		which shall include, but shall not be limited to, the
17		following:
18		(1) payment of a one-time, nonrefundable fee of
19		$5,000, which shall be deposited into the Cannabis
20		Regulation Fund;
21		(2) proof of the corresponding Adult Use Dispensing
22		Organization License that is in active status;
23		(3) certification that the licensee shall comply with
24		the requirements contained in the Compassionate Use of
25		Medical Cannabis Program Act;
26		(4) the legal name of the dispensing organization;

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1		(5) the physical address of the dispensing
2		organization;
3		(6) affirmation that the dispensing organization
4		understands it is prohibited from separating its Medical
5		Cannabis Dispensing Organization License from its Adult
6		Use Dispensing Organization License;
7		(7) proof of proper zoning for both medical and adult
8		use sales in a form and manner prescribed by the
9		Department; and
10		(8) any other information which the Department may
11		request.
12		(d) If an Adult Use Dispensing Organization is issued a
13		corresponding Medical Cannabis Dispensing Organization
14		License, the entity holding the 2 corresponding licenses is
15		prohibited from separating the 2 licenses from each other. In
16		this subsection, "separating" means, but is not limited to,
17		the following:
18		(1) relocating either license without relocating the
19		other to the same facility; or
20		(2) changing the ownership for only one of the
21		licenses.
22		(e) For the purpose of subsection (c) of Section 15-36, a
23		dispensing organization holding an Adult Use Dispensing
24		Organization License and a Medical Cannabis Dispensing
25		Organization License at a single location pursuant to this
26		Section 15-37 shall count as a single dispensing organization.

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1		(410 ILCS 705/15-40)
2		Sec. 15-40. Dispensing organization agent identification
3		card; agent training.
4		(a) The Department shall:
5		(1) verify the information contained in an application
6		or renewal for a dispensing organization agent
7		identification card submitted under this Article, and
8		approve or deny an application or renewal, within 30 days
9		of receiving a completed application or renewal
10		application and all supporting documentation required by
11		rule;
12		(2) issue a dispensing organization agent
13		identification card to a qualifying agent within 15
14		business days of approving the application or renewal;
15		(3) (blank); enter the registry identification number
16		of the dispensing organization where the agent works;
17		(4) within one year from the effective date of this
18		Act, allow for an electronic application process and
19		provide a confirmation by electronic or other methods that
20		an application has been submitted; and
21		(5) collect a $100 nonrefundable fee from the
22		applicant to be deposited into the Cannabis Regulation
23		Fund.
24		(b) A dispensing organization agent must keep his or her
25		identification card visible at all times when in the

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1		dispensary. This may include providing the card via electronic
2		means available upon request.
3		(c) The dispensing organization agent identification cards
4		shall contain the following:
5		(1) the name of the cardholder;
6		(2) the date of issuance and expiration date of the
7		dispensing organization agent identification cards;
8		(3) a random 10-digit alphanumeric identification
9		number containing at least 4 numbers and at least 4
10		letters that is unique to the cardholder; and
11		(4) a photograph of the cardholder.
12		(c-5) A dispensing organization agent identification card
13		issued pursuant to this Section authorizes a dispensing
14		organization agent to perform work at the dispensing
15		organization with both an Adult Use Dispensing Organization
16		License and the corresponding Medical Cannabis Dispensing
17		Organization License issued under Section 15-37 of this Act.
18		(d) (Blank). The dispensing organization agent
19		identification cards shall be immediately returned to the
20		dispensing organization upon termination of employment.
21		(e) The Department shall not issue an agent identification
22		card if the applicant is delinquent in filing any required tax
23		returns or paying any amounts owed to the State of Illinois.
24		(f) Any card lost by a dispensing organization agent shall
25		be reported to the Illinois State Police and the Department
26		immediately upon discovery of the loss.

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1		(g) An applicant shall be denied a dispensing organization
2		agent identification card renewal if he or she fails to
3		complete the training provided for in this Section.
4		(h) A dispensing organization agent shall only be required
5		to hold one dispensing organization agent identification card
6		for the same employer regardless of what type of dispensing
7		organization license the employer holds. For agent cards
8		issued to all agents except agents-in-charge and principal
9		officers, the card shall not be specific to any individual
10		dispensing organization.
11		(i) Cannabis retail sales training requirements.
12		(1) Within 90 days of September 1, 2019, or 90 days of
13		employment, whichever is later, all owners, managers,
14		employees, and agents involved in the handling or sale of
15		cannabis or cannabis-infused product employed by an adult
16		use dispensing organization or medical cannabis dispensing
17		organization as defined in Section 10 of the Compassionate
18		Use of Medical Cannabis Program Act shall attend and
19		successfully complete a Responsible Vendor Program.
20		(2) Each owner, manager, employee, and agent of an
21		adult use dispensing organization or medical cannabis
22		dispensing organization shall successfully complete the
23		program annually.
24		(3) Responsible Vendor Program Training modules shall
25		include at least 2 hours of instruction time approved by
26		the Department including:

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1		(i) Health and safety concerns of cannabis use,
2		including the responsible use of cannabis, its
3		physical effects, onset of physiological effects,
4		recognizing signs of impairment, and appropriate
5		responses in the event of overconsumption.
6		(ii) Training on laws and regulations on driving
7		while under the influence and operating a watercraft
8		or snowmobile while under the influence.
9		(iii) Sales to minors prohibition. Training shall
10		cover all relevant Illinois laws and rules.
11		(iv) Quantity limitations on sales to purchasers.
12		Training shall cover all relevant Illinois laws and
13		rules.
14		(v) Acceptable forms of identification. Training
15		shall include:
16		(I) How to check identification; and
17		(II) Common mistakes made in verification;
18		(vi) Safe storage of cannabis;
19		(vii) Compliance with all inventory tracking
20		system regulations;
21		(viii) Waste handling, management, and disposal;
22		(ix) Health and safety standards;
23		(x) Maintenance of records;
24		(xi) Security and surveillance requirements;
25		(xii) Permitting inspections by State and local
26		licensing and enforcement authorities;

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1		(xiii) Privacy issues;
2		(xiv) Packaging and labeling requirements
3		requirement for sales to purchasers; and
4		(xv) Other areas as determined by rule.
5		(j) Blank.
6		(k) Upon the successful completion of the Responsible
7		Vendor Program, the provider shall deliver proof of completion
8		either through mail or electronic communication to the
9		dispensing organization, which shall retain a copy of the
10		certificate.
11		(l) The license of a dispensing organization or medical
12		cannabis dispensing organization whose owners, managers,
13		employees, or agents fail to comply with this Section may be
14		suspended or permanently revoked under Section 15-145 or may
15		face other disciplinary action.
16		(m) The regulation of dispensing organization and medical
17		cannabis dispensing employer and employee training is an
18		exclusive function of the State, and regulation by a unit of
19		local government, including a home rule unit, is prohibited.
20		This subsection (m) is a denial and limitation of home rule
21		powers and functions under subsection (h) of Section 6 of
22		Article VII of the Illinois Constitution.
23		(n) Persons seeking Department approval to offer the
24		training required by paragraph (3) of subsection (i) may apply
25		for such approval between August 1 and August 15 of each
26		odd-numbered year in a manner prescribed by the Department.

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1		(o) Persons seeking Department approval to offer the
2		training required by paragraph (3) of subsection (i) shall
3		submit a nonrefundable application fee of $2,000 to be
4		deposited into the Cannabis Regulation Fund or a fee as may be
5		set by rule. Any changes made to the training module shall be
6		approved by the Department.
7		(p) The Department shall not unreasonably deny approval of
8		a training module that meets all the requirements of paragraph
9		(3) of subsection (i). A denial of approval shall include a
10		detailed description of the reasons for the denial.
11		(q) Any person approved to provide the training required
12		by paragraph (3) of subsection (i) shall submit an application
13		for re-approval every 2 years from the date of approval
14		between August 1 and August 15 of each odd-numbered year and
15		include a nonrefundable application fee of $2,000 to be
16		deposited into the Cannabis Regulation Fund or a fee as may be
17		set by rule.
18		(r) All persons applying to become or renewing their
19		registrations to be agents, including agents-in-charge and
20		principal officers, shall disclose any disciplinary action
21		taken against them that may have occurred in Illinois, another
22		state, or another country in relation to their employment at a
23		cannabis business establishment or at any cannabis cultivation
24		center, processor, infuser, dispensary, or other cannabis
25		business establishment.
26		(s) An agent applicant may begin employment at a

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1		dispensing organization while the agent applicant's
2		identification card application is pending. Upon approval, the
3		Department shall issue the agent's identification card to the
4		agent. If denied, the dispensing organization and the agent
5		applicant shall be notified and the agent applicant must cease
6		all activity at the dispensing organization immediately.
7		(t) The Department and the Department of Agriculture may
8		develop and implement an integrated system to issue an agent
9		identification card which identifies a dispensary agent
10		licensed by the Department as well as any cultivator, craft
11		grower, transporter, community college program, or infuser
12		license or registration the agent may simultaneously hold.
13		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
14		102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
15		5-13-22.)
16		(410 ILCS 705/15-45)
17		Sec. 15-45. Renewal.
18		(a) All Adult Use Dispensing Organization Licenses shall
19		expire on March 31 of even-numbered years.
20		(b) Agent identification cards shall expire one year from
21		the date they are issued.
22		(c) Dispensing organizations Licensees and dispensing
23		agents shall submit a renewal application as provided by the
24		Department and pay the required renewal fee. The Department
25		shall require an agent, employee, contracting, and

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1		subcontracting diversity report and an environmental impact
2		report with its renewal application. No license or agent
3		identification card shall be renewed if it is currently under
4		revocation or suspension for violation of this Article or any
5		rules that may be adopted under this Article or the licensee,
6		principal officer, board member, person having a financial or
7		voting interest of 5% or greater in the licensee, or agent is
8		delinquent in filing any required tax returns or paying any
9		amounts owed to the State of Illinois.
10		(d) Renewal fees are:
11		(1) For a dispensing organization, except as provided
12		in subsection (d-5):
13		(A) $60,000 or the proportional prorated amount,
14		to be deposited into the Cannabis Regulation Fund; and
15		(B) $10,000 or the proportional prorated amount,
16		to be deposited into the Compassionate Use of Medical
17		Cannabis Fund, if the dispensing organization also
18		holds a Medical Cannabis Dispensing Organization
19		License issued pursuant to Section 15-37 of this Act.
20		(2) For an agent identification card, $100, to be
21		deposited into the Cannabis Regulation Fund.
22		(d-5) The Department of Financial and Professional
23		Regulation shall provide hardship waivers for dispensing
24		organization renewal fees due to the Department pursuant to
25		the provisions below:
26		(1) The dispensing organization attests that the

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1		dispensing organization or applicant for renewal,
2		including all individuals and entities with 10% or greater
3		ownership and all parent companies, subsidiaries, and
4		affiliates, have no more than 2 other licenses for
5		cannabis business establishments in the State.
6		(2) For dispensing organizations that have a gross
7		income of $50,000 or less from the prior calendar year,
8		the Department shall waive the full renewal fee. In order
9		to qualify for this full waiver, the dispensing
10		organization shall provide income verification from the
11		Department of Revenue and any other information the
12		Department may require in a form or manner prescribed by
13		the Department.
14		(3) For dispensing organizations that have a gross
15		income of more than $50,000 and less than or equal to
16		$750,000 from the prior calendar year, the Department
17		shall waive 50% of the full renewal fee. In order to
18		qualify for this waiver, the dispensing organization shall
19		provide income verification from the Department of Revenue
20		and any other information the Department may require in a
21		form or manner prescribed by the Department.
22		(e) If a dispensing organization fails to renew its
23		license before expiration, the dispensing organization shall
24		cease operations until the license is renewed.
25		(f) If a dispensing organization agent fails to renew his
26		or her registration before its expiration, he or she shall

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1		cease to perform duties authorized by this Article at a
2		dispensing organization until his or her registration is
3		renewed.
4		(g) Any dispensing organization that continues to operate
5		or dispensing agent that continues to perform duties
6		authorized by this Article at a dispensing organization that
7		fails to renew its license is subject to penalty as provided in
8		this Article, or any rules that may be adopted pursuant to this
9		Article.
10		(h) The Department shall not renew a license if the
11		applicant is delinquent in filing any required tax returns or
12		paying any amounts owed to the State of Illinois. The
13		Department shall not renew a dispensing agent identification
14		card if the applicant is delinquent in filing any required tax
15		returns or paying any amounts owed to the State of Illinois.
16		(Source: P.A. 101-27, eff. 6-25-19.)
17		(410 ILCS 705/15-70)
18		Sec. 15-70. Operational requirements; prohibitions.
19		(a) A dispensing organization shall operate in accordance
20		with the representations made in its application and license
21		materials. It shall be in compliance with this Act and rules.
22		(b) (Blank) A dispensing organization must include the
23		legal name of the dispensary on the packaging of any cannabis
24		product it sells.
25		(c) All cannabis, cannabis-infused products, and cannabis

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1		seeds must be obtained from an Illinois registered adult use
2		cultivation center, craft grower, infuser, or another
3		dispensary.
4		(c-5) A dispensing organization with a Medical Cannabis
5		Dispensing Organization license may sell cannabis and
6		cannabis-infused products purchased from any cultivation
7		center, craft grower, infuser, or other dispensary to persons
8		over 21 years of age and to qualifying patients, designated
9		caregivers, provisional patients, and Opioid Alternative
10		Patient Program participants.
11		(d) Dispensing organizations are prohibited from selling
12		any product containing alcohol except tinctures, which must be
13		limited to containers that are no larger than 100 milliliters.
14		(e) A dispensing organization shall inspect and count
15		product received from a transporting organization, adult use
16		cultivation center, craft grower, infuser organization, or
17		other dispensing organization before dispensing it.
18		(f) A dispensing organization may only accept cannabis
19		deliveries into a restricted access area. Deliveries may not
20		be accepted through the public or limited access areas unless
21		otherwise approved by the Department.
22		(g) A dispensing organization shall maintain compliance
23		with State and local building, fire, and zoning requirements
24		or regulations.
25		(h) A dispensing organization shall submit a list to the
26		Department of the names of all service professionals that will

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1		work at the dispensary. The list shall include a description
2		of the type of business or service provided. Changes to the
3		service professional list shall be promptly provided. No
4		service professional shall work in the dispensary until the
5		name is provided to the Department on the service professional
6		list.
7		(i) A dispensing organization's license allows for a
8		dispensary to be operated only at a single location.
9		(j) A dispensary may operate between 6 a.m. and 2 a.m. 10
10		p.m. local time, subject to local zoning ordinances or
11		resolutions.
12		(k) A dispensing organization must keep all lighting
13		outside and inside the dispensary in good working order and
14		wattage sufficient for security cameras.
15		(l) A dispensing organization must keep all air treatment
16		systems that will be installed to reduce odors in good working
17		order.
18		(m) A dispensing organization shall maintain a security
19		guard or security guards to provide on-site security must
20		contract with a private security contractor that is licensed
21		under Section 10-5 of the Private Detective, Private Alarm,
22		Private Security, Fingerprint Vendor, and Locksmith Act of
23		2004 to provide on-site security at all hours of the
24		dispensary's operation.
25		(n) A dispensing organization shall ensure that any
26		building or equipment used by a dispensing organization for

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1		the storage or sale of cannabis is maintained in a clean and
2		sanitary condition.
3		(o) The dispensary shall be free from infestation by
4		insects, rodents, or pests.
5		(p) A dispensing organization shall not:
6		(1) Produce or manufacture cannabis;
7		(2) Accept a cannabis product from an adult use
8		cultivation center, craft grower, infuser, dispensing
9		organization, or transporting organization unless it is
10		pre-packaged and labeled in accordance with this Act and
11		any rules that may be adopted pursuant to this Act;
12		(3) Obtain cannabis or cannabis-infused products from
13		outside the State of Illinois;
14		(4) Sell cannabis or cannabis-infused products to a
15		purchaser unless the dispensing organization is licensed
16		under the Compassionate Use of Medical Cannabis Program
17		Act, and the individual is registered under the
18		Compassionate Use of Medical Cannabis Program or the
19		purchaser has been verified to be 21 years of age or older;
20		(5) Enter into an exclusive agreement with any adult
21		use cultivation center, craft grower, or infuser.
22		Dispensaries shall provide consumers an assortment of
23		products from various cannabis business establishment
24		licensees such that the inventory available for sale at
25		any dispensary from any single cultivation center, craft
26		grower, processor, transporter, or infuser entity shall

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1		not be more than 40% of the total inventory available for
2		sale. For the purpose of this subsection, a cultivation
3		center, craft grower, processor, or infuser shall be
4		considered part of the same entity if the licensees share
5		at least one principal officer. The Department may request
6		that a dispensary diversify its products as needed or
7		otherwise discipline a dispensing organization for
8		violating this requirement;
9		(6) Refuse to conduct business with an adult use
10		cultivation center, craft grower, transporting
11		organization, or infuser that has the ability to properly
12		deliver the product and is permitted by the Department of
13		Agriculture, on the same terms as other adult use
14		cultivation centers, craft growers, infusers, or
15		transporters with whom it is dealing;
16		(7) (Blank); Operate drive-through windows;
17		(7.5) Separate an Adult Use Dispensing Organization
18		License from a Medical Cannabis Dispensing Organization
19		License issued under Section 15-37;
20		(8) Allow for the dispensing of cannabis or
21		cannabis-infused products in vending machines;
22		(9) Transport cannabis to residences or transport
23		cannabis to other locations where purchasers may be for
24		delivery, except for the limited circumstances provided in
25		paragraph (5.5) of subsection (c) of Section 15-100;
26		(10) Enter into agreements to allow persons who are

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1		not dispensing organization agents to deliver cannabis or
2		to transport cannabis to purchasers;
3		(11) Operate a dispensary if its video surveillance
4		equipment is inoperative;
5		(12) Operate a dispensary if the point-of-sale
6		equipment is inoperative;
7		(13) Operate a dispensary if the State's cannabis
8		electronic verification system is inoperative;
9		(14) Have fewer than 2 people working at the
10		dispensary at any time while the dispensary is open;
11		(15) Be located within 1,500 feet of the property line
12		of a pre-existing dispensing organization, unless the
13		applicant is a Social Equity Applicant or Social Equity
14		Justice Involved Applicant located or seeking to locate
15		within 1,500 feet of a dispensing organization licensed
16		under Section 15-15 or Section 15-20;
17		(16) Sell seed clones or any other live plant
18		material, except to a qualifying medical patient,
19		designated caregiver, provisional patient, or Opioid
20		Alternative Patient Program participant;
21		(17) Sell cannabis, cannabis concentrate, or
22		cannabis-infused products in combination or bundled with
23		each other or any other items for one price, and each item
24		of cannabis, concentrate, or cannabis-infused product must
25		be separately identified by quantity and price on the
26		receipt; or

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1		(18) Sell cannabis, cannabis concentrate, or
2		cannabis-infused products to a registered qualifying
3		patient, provisional patient, designated caregiver, or an
4		Opioid Alternative Patient Program participant without
5		first affixing any warning label required under any State
6		or federal law, rule, or regulation. Violate any other
7		requirements or prohibitions set by Department rules.
8		(q) It is unlawful for any person having an Early Approval
9		Adult Use Dispensing Organization License, a Conditional Adult
10		Use Dispensing Organization License, an Adult Use Dispensing
11		Organization License, or a medical cannabis dispensing
12		organization license issued under the Compassionate Use of
13		Medical Cannabis Program Act or any officer, associate,
14		member, representative, or agent of such licensee to accept,
15		receive, or borrow money or anything else of value or accept or
16		receive credit (other than merchandising credit in the
17		ordinary course of business for a period not to exceed 30 days)
18		directly or indirectly from any adult use cultivation center,
19		craft grower, infuser, or transporting organization in
20		exchange for preferential placement on the dispensing
21		organization's shelves, display cases, or website. This
22		includes anything received or borrowed or from any
23		stockholders, officers, agents, or persons connected with an
24		adult use cultivation center, craft grower, infuser, or
25		transporting organization.
26		(r) It is unlawful for any person having an Early Approval

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1		Adult Use Dispensing Organization License, a Conditional Adult
2		Use Dispensing Organization License, an Adult Use Dispensing
3		Organization License, or a medical cannabis dispensing
4		organization license issued under the Compassionate Use of
5		Medical Cannabis Program to enter into any contract with any
6		person licensed to cultivate, process, or transport cannabis
7		whereby such dispensing organization agrees not to sell any
8		cannabis cultivated, processed, transported, manufactured, or
9		distributed by any other cultivator, transporter, or infuser,
10		and any provision in any contract violative of this Section
11		shall render the whole of such contract void and no action
12		shall be brought thereon in any court.
13		(Source: P.A. 104-417, eff. 8-15-25.)
14		(410 ILCS 705/15-85)
15		Sec. 15-85. Dispensing cannabis.
16		(a) Before a dispensing organization agent dispenses
17		cannabis to a purchaser, the agent shall:
18		(1) Verify the age of the purchaser by checking a
19		government-issued identification card by use of an
20		electronic reader or electronic scanning device to scan a
21		purchaser's government-issued identification, if
22		applicable, to determine the purchaser's age and the
23		validity of the identification;
24		(2) Verify the validity of the government-issued
25		identification card by use of an electronic reader or

SB3222 Enrolled - 513 - LRB104 19119 AAS 32564 b
1		electronic scanning device to scan a purchaser's
2		government-issued identification, if applicable, to
3		determine the purchaser's age and the validity of the
4		identification;
5		(3) Offer any appropriate purchaser education or
6		support materials;
7		(4) Enter the following information into the State's
8		cannabis electronic verification system:
9		(i) The dispensing organization agent's
10		identification number, or if the agent's card
11		application is pending the Department's approval, a
12		temporary and unique identifier until the agent's card
13		application is approved or denied by the Department;
14		(ii) The dispensing organization's identification
15		number;
16		(iii) The amount, type (including strain, if
17		applicable) of cannabis or cannabis-infused product
18		dispensed;
19		(iv) The date and time the cannabis was dispensed.
20		(b) A dispensing organization shall refuse to sell
21		cannabis or cannabis-infused products to any person unless the
22		person produces a valid identification showing that the person
23		is 21 years of age or older. A medical cannabis dispensing
24		organization may sell cannabis or cannabis-infused products to
25		a person who is under 21 years of age if the sale complies with
26		the provisions of the Compassionate Use of Medical Cannabis

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1		Program Act and rules.
2		(c) For the purposes of this Section, valid identification
3		must:
4		(1) Be valid and unexpired;
5		(2) Contain a photograph and the date of birth of the
6		person.
7		(d) In accordance with this amendatory Act of the 104th
8		General Assembly, a dispensing organization may offer pickup
9		or drive-through locations for cannabis, cannabis concentrate,
10		or cannabis-infused products.
11		(e) Notwithstanding Sections 11-502.1 and 11-502.15 of the
12		Illinois Vehicle Code, the requirement that cannabis be
13		inaccessible shall not apply to adult-use cannabis or medical
14		cannabis lawfully purchased from a licensed dispensing
15		organization if the cannabis is transported in a secured,
16		sealed, odor-proof, child-resistant cannabis container that is
17		in its original packaging.
18		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
19		102-98, eff. 7-15-21.)
20		(410 ILCS 705/15-100)
21		Sec. 15-100. Security.
22		(a) A dispensing organization shall implement security
23		measures to deter and prevent entry into and theft of cannabis
24		or currency.
25		(b) A dispensing organization shall submit any changes to

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1		the floor plan or security plan to the Department for
2		pre-approval. All cannabis shall be maintained and stored in a
3		restricted access area during construction.
4		(c) The dispensing organization shall implement security
5		measures to protect the premises, purchasers, and dispensing
6		organization agents including, but not limited to the
7		following:
8		(1) Establish a locked door or barrier between the
9		facility's entrance and the limited access area;
10		(2) Prevent individuals from remaining on the premises
11		if they are not engaging in activity permitted by this Act
12		or rules;
13		(3) Develop a policy that addresses the maximum
14		capacity and purchaser flow in the waiting rooms and
15		limited access areas;
16		(4) Dispose of cannabis in accordance with this Act
17		and rules;
18		(5) During hours of operation, store and dispense all
19		cannabis in from the restricted access area. During
20		operational hours, cannabis shall be stored in an enclosed
21		locked room or cabinet and accessible only to specifically
22		authorized dispensing organization agents;
23		(5.5) During hours of operation, dispense all cannabis
24		from the restricted access area, including a drive-through
25		window, or from a pickup location in close proximity to
26		the restricted access area. The dispensing organization

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1		shall, prior to dispensing the cannabis, confirm
2		compliance with Section 15-85 of this Act. As used in this
3		paragraph, "pickup location in close proximity" means an
4		area contiguous to the real property of the dispensary,
5		such as a sidewalk or parking lot;
6		(6) When the dispensary is closed, store all cannabis
7		and currency in a reinforced vault room in the restricted
8		access area and in a manner as to prevent diversion,
9		theft, or loss;
10		(7) Keep the reinforced vault room and any other
11		equipment or cannabis storage areas securely locked and
12		protected from unauthorized entry;
13		(8) Keep an electronic daily log of dispensing
14		organization agents with access to the reinforced vault
15		room and knowledge of the access code or combination;
16		(9) Keep all locks and security equipment in good
17		working order;
18		(10) Maintain an operational security and alarm system
19		at all times;
20		(11) Prohibit keys, if applicable, from being left in
21		the locks, or stored or placed in a location accessible to
22		persons other than specifically authorized personnel;
23		(12) Prohibit accessibility of security measures,
24		including combination numbers, passwords, or electronic or
25		biometric security systems to persons other than
26		specifically authorized dispensing organization agents;

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1		(13) Ensure that the dispensary interior and exterior
2		premises are sufficiently lit to facilitate surveillance;
3		(14) Ensure that trees, bushes, and other foliage
4		outside of the dispensary premises do not allow for a
5		person or persons to conceal themselves from sight;
6		(15) Develop emergency policies and procedures for
7		securing all product and currency following any instance
8		of diversion, theft, or loss of cannabis, and conduct an
9		assessment to determine whether additional safeguards are
10		necessary; and
11		(16) Develop sufficient additional safeguards in
12		response to any special security concerns, or as required
13		by the Department.
14		(d) The Department may request or approve alternative
15		security provisions that it determines are an adequate
16		substitute for a security requirement specified in this
17		Article. Any additional protections may be considered by the
18		Department in evaluating overall security measures.
19		(e) A dispensing organization may share premises with a
20		craft grower or an infuser organization, or both, provided
21		each licensee stores currency and cannabis or cannabis-infused
22		products in a separate secured vault to which the other
23		licensee does not have access or all licensees sharing a vault
24		share more than 50% of the same ownership.
25		(f) A dispensing organization shall provide additional
26		security as needed and in a manner appropriate for the

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1		community where it operates.
2		(g) Restricted access areas.
3		(1) All restricted access areas must be identified by
4		the posting of a sign that is a minimum of 12 inches by 12
5		inches and that states "Do Not Enter - Restricted Access
6		Area - Authorized Personnel Only" in lettering no smaller
7		than one inch in height.
8		(2) All restricted access areas shall be clearly
9		described in the floor plan of the premises, in the form
10		and manner determined by the Department, reflecting walls,
11		partitions, counters, and all areas of entry and exit. The
12		floor plan shall show all storage, disposal, and retail
13		sales areas.
14		(3) All restricted access areas must be secure, with
15		locking devices that prevent access from the limited
16		access areas.
17		(h) Security and alarm.
18		(1) A dispensing organization shall have an adequate
19		security plan and security system to prevent and detect
20		diversion, theft, or loss of cannabis, currency, or
21		unauthorized intrusion using commercial grade equipment
22		installed by an Illinois licensed private alarm contractor
23		or private alarm contractor agency that shall, at a
24		minimum, include:
25		(i) A perimeter alarm on all entry points and
26		glass break protection on perimeter windows;

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1		(ii) Security shatterproof tinted film on exterior
2		windows;
3		(iii) A failure notification system that provides
4		an audible, text, or visual notification of any
5		failure in the surveillance system, including, but not
6		limited to, panic buttons, alarms, and video
7		monitoring system. The failure notification system
8		shall provide an alert to designated dispensing
9		organization agents within 5 minutes after the
10		failure, either by telephone or text message;
11		(iv) A duress alarm, panic button, and alarm, or
12		holdup alarm and after-hours intrusion detection alarm
13		that by design and purpose will directly or indirectly
14		notify, by the most efficient means, the Public Safety
15		Answering Point for the law enforcement agency having
16		primary jurisdiction;
17		(v) Security equipment to deter and prevent
18		unauthorized entrance into the dispensary, including
19		electronic door locks on the limited and restricted
20		access areas that include devices or a series of
21		devices to detect unauthorized intrusion that may
22		include a signal system interconnected with a radio
23		frequency method, cellular, private radio signals or
24		other mechanical or electronic device.
25		(2) All security system equipment and recordings shall
26		be maintained in good working order, in a secure location

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1		so as to prevent theft, loss, destruction, or alterations.
2		(3) Access to surveillance monitoring recording
3		equipment shall be limited to persons who are essential to
4		surveillance operations, law enforcement authorities
5		acting within their jurisdiction, security system service
6		personnel, and the Department. A current list of
7		authorized dispensing organization agents and service
8		personnel that have access to the surveillance equipment
9		must be available to the Department upon request.
10		(4) All security equipment shall be inspected and
11		tested at regular intervals, not to exceed one month from
12		the previous inspection, and tested to ensure the systems
13		remain functional.
14		(5) The security system shall provide protection
15		against theft and diversion that is facilitated or hidden
16		by tampering with computers or electronic records.
17		(6) The dispensary shall ensure all access doors are
18		not solely controlled by an electronic access panel to
19		ensure that locks are not released during a power outage.
20		(i) To monitor the dispensary, the dispensing organization
21		shall incorporate continuous electronic video monitoring
22		including the following:
23		(1) All monitors must be 19 inches or greater;
24		(2) Unobstructed video surveillance of all enclosed
25		dispensary areas, unless prohibited by law, including all
26		points of entry and exit that shall be appropriate for the

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1		normal lighting conditions of the area under surveillance.
2		The cameras shall be directed so all areas are captured,
3		including, but not limited to, safes, vaults, sales areas,
4		and areas where cannabis is stored, handled, dispensed, or
5		destroyed. Cameras shall be angled to allow for facial
6		recognition, the capture of clear and certain
7		identification of any person entering or exiting the
8		dispensary area and in lighting sufficient during all
9		times of night or day;
10		(3) Unobstructed video surveillance of outside areas,
11		the storefront, and the parking lot, that shall be
12		appropriate for the normal lighting conditions of the area
13		under surveillance. Cameras shall be angled so as to allow
14		for the capture of facial recognition, clear and certain
15		identification of any person entering or exiting the
16		dispensary and the immediate surrounding area, and license
17		plates of vehicles in the parking lot;
18		(4) 24-hour recordings from all video cameras
19		available for immediate viewing by the Department upon
20		request. Recordings shall not be destroyed or altered and
21		shall be retained for at least 60 90 days. Recordings
22		shall be retained as long as necessary if the dispensing
23		organization is aware of the loss or theft of cannabis or a
24		pending criminal, civil, or administrative investigation
25		or legal proceeding for which the recording may contain
26		relevant information;

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1		(5) The ability to immediately produce a clear, color
2		still photo from the surveillance video, either live or
3		recorded;
4		(6) A date and time stamp embedded on all video
5		surveillance recordings. The date and time shall be
6		synchronized and set correctly and shall not significantly
7		obscure the picture;
8		(7) The ability to remain operational during a power
9		outage and ensure all access doors are not solely
10		controlled by an electronic access panel to ensure that
11		locks are not released during a power outage;
12		(8) All video surveillance equipment shall allow for
13		the exporting of still images in an industry standard
14		image format, including .jpg, .bmp, and .gif. Exported
15		video shall have the ability to be archived in a
16		proprietary format that ensures authentication of the
17		video and guarantees that no alteration of the recorded
18		image has taken place. Exported video shall also have the
19		ability to be saved in an industry standard file format
20		that can be played on a standard computer operating
21		system. All recordings shall be erased or destroyed before
22		disposal;
23		(9) The video surveillance system shall be operational
24		during a power outage with a 4-hour minimum battery
25		backup;
26		(10) A video camera or cameras recording at each

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1		point-of-sale location allowing for the identification of
2		the dispensing organization agent distributing the
3		cannabis and any purchaser. The camera or cameras shall
4		capture the sale, the individuals and the computer
5		monitors used for the sale;
6		(11) A failure notification system that provides an
7		audible and visual notification of any failure in the
8		electronic video monitoring system; and
9		(12) All electronic video surveillance monitoring must
10		record at least the equivalent of 8 frames per second and
11		be available as recordings to the Department and the
12		Illinois State Police 24 hours a day via a secure
13		web-based portal with reverse functionality.
14		(j) The requirements contained in this Act are minimum
15		requirements for operating a dispensing organization. The
16		Department may establish additional requirements by rule.
17		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
18		102-538, eff. 8-20-21.)
19		(410 ILCS 705/15-135)
20		Sec. 15-135. Investigations.
21		(a) Dispensing organizations are subject to random and
22		unannounced dispensary inspections and cannabis testing by the
23		Department, the Department of Agriculture, the Department of
24		Revenue, the Department of Public Health, the Illinois State
25		Police, local law enforcement, local health officials, or as

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1		provided by rule. Inspections shall be:
2		(1) standard to each agency's requirements pursuant to
3		this Act and any administrative rules; and
4		(2) conducted using standardized inspection protocols,
5		including uniform inspection checklists and evaluation
6		criteria statewide.
7		Current inspection checklists shall be made available to
8		licensees upon request. A written report summarizing the
9		inspection shall be issued to the licensee within 45 calendar
10		days of the inspection being completed. Any violation shall
11		reference the specific provision violated in statute or
12		administrative rule.
13		(b) The Department and its authorized representatives may
14		enter any place, including a vehicle, in which cannabis is
15		held, stored, dispensed, sold, produced, delivered,
16		transported, manufactured, or disposed of and inspect, in a
17		reasonable manner, the place and all pertinent equipment,
18		containers and labeling, and all things including records,
19		files, financial data, sales data, shipping data, pricing
20		data, personnel data, research, papers, processes, controls,
21		and facility, and inventory any stock of cannabis and obtain
22		samples of any cannabis or cannabis-infused product, any
23		labels or containers for cannabis, or paraphernalia.
24		(c) The Department may conduct an investigation of an
25		applicant, application, dispensing organization, principal
26		officer, dispensary agent, third party vendor, or any other

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1		party associated with a dispensing organization for an alleged
2		violation of this Act or rules or to determine qualifications
3		to be granted a registration by the Department.
4		(d) The Department may require an applicant or holder of
5		any license issued pursuant to this Article to produce
6		documents, records, or any other material pertinent to the
7		investigation of an application or alleged violations of this
8		Act or rules. Failure to provide the required material may be
9		grounds for denial or discipline.
10		(e) Every person charged with preparation, obtaining, or
11		keeping records, logs, reports, or other documents in
12		connection with this Act and rules and every person in charge,
13		or having custody, of those documents shall, upon request by
14		the Department, make the documents immediately available for
15		inspection and copying by the Department, the Department's
16		authorized representative, or others authorized by law to
17		review the documents.
18		(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21;
19		102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
20		(410 ILCS 705/15-145)
21		Sec. 15-145. Grounds for discipline.
22		(a) The Department may deny issuance, refuse to renew or
23		restore, or may reprimand, place on probation, suspend,
24		revoke, or take other disciplinary or nondisciplinary action
25		against any license or agent identification card or may impose

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1		a fine for any of the following:
2		(1) Material misstatement in furnishing information to
3		the Department;
4		(2) Violations of this Act or rules;
5		(3) Obtaining an authorization or license by fraud or
6		misrepresentation;
7		(4) A pattern of conduct that demonstrates
8		incompetence or that the applicant has engaged in conduct
9		or actions that would constitute grounds for discipline
10		under this Act;
11		(5) Aiding or assisting another person in violating
12		any provision of this Act or rules;
13		(6) Failing to respond to a written request for
14		information by the Department within 30 days;
15		(7) Engaging in unprofessional, dishonorable, or
16		unethical conduct of a character likely to deceive,
17		defraud, or harm the public;
18		(8) Adverse action by another United States
19		jurisdiction or foreign nation;
20		(9) A finding by the Department that the licensee,
21		after having his or her license placed on suspended or
22		probationary status, has violated the terms of the
23		suspension or probation;
24		(10) Conviction, entry of a plea of guilty, nolo
25		contendere, or the equivalent in a State or federal court
26		of a principal officer or agent-in-charge of a felony

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1		offense in accordance with Sections 2105-131, 2105-135,
2		and 2105-205 of the Department of Professional Regulation
3		Law of the Civil Administrative Code of Illinois;
4		(11) Excessive use of or addiction to alcohol,
5		narcotics, stimulants, or any other chemical agent or
6		drug;
7		(12) A finding by the Department of a discrepancy in a
8		Department audit of cannabis;
9		(13) A finding by the Department of a discrepancy in a
10		Department audit of capital or funds;
11		(14) A finding by the Department of acceptance of
12		cannabis from a source other than an Adult Use Cultivation
13		Center, craft grower, infuser, or transporting
14		organization licensed by the Department of Agriculture, or
15		a dispensing organization licensed by the Department;
16		(15) An inability to operate using reasonable
17		judgment, skill, or safety due to physical or mental
18		illness or other impairment or disability, including,
19		without limitation, deterioration through the aging
20		process or loss of motor skills or mental incompetence;
21		(16) Failing to report to the Department within the
22		time frames established, or if not identified, 14 days, of
23		any adverse action taken against the dispensing
24		organization or an agent by a licensing jurisdiction in
25		any state or any territory of the United States or any
26		foreign jurisdiction, any governmental agency, any law

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1		enforcement agency or any court defined in this Section;
2		(17) Any violation of the dispensing organization's
3		policies and procedures submitted to the Department
4		annually as a condition for licensure;
5		(18) Failure to inform the Department of any change of
6		address within 10 business days;
7		(19) Disclosing customer names, personal information,
8		or protected health information in violation of any State
9		or federal law;
10		(20) Operating a dispensary before obtaining a license
11		from the Department;
12		(21) Performing duties authorized by this Act prior to
13		receiving a license to perform such duties;
14		(22) Dispensing cannabis when prohibited by this Act
15		or rules;
16		(23) Any fact or condition that, if it had existed at
17		the time of the original application for the license,
18		would have warranted the denial of the license;
19		(24) Permitting a person without a valid agent
20		identification card to perform licensed activities under
21		this Act;
22		(25) Failure to assign an agent-in-charge as required
23		by this Article;
24		(26) Failure to provide the training required by
25		paragraph (3) of subsection (i) of Section 15-40 within
26		the provided timeframe;

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1		(27) Personnel insufficient in number or unqualified
2		in training or experience to properly operate the
3		dispensary business;
4		(28) Any pattern of activity that causes a harmful
5		impact on the community; and
6		(29) Failing to prevent diversion, theft, or loss of
7		cannabis; .
8		(30) Engaging in a pattern of nonpayment or late
9		payment for goods or services to a cannabis business
10		establishment; or
11		(31) Engaging in predatory financial practices or
12		financial collusion, including, but not limited to,
13		bid-rigging and market allocation schemes.
14		(b) All fines and fees imposed under this Section shall be
15		paid within 60 days after the effective date of the order
16		imposing the fine or as otherwise specified in the order.
17		(c) A circuit court order establishing that an
18		agent-in-charge or principal officer holding an agent
19		identification card is subject to involuntary admission as
20		that term is defined in Section 1-119 or 1-119.1 of the Mental
21		Health and Developmental Disabilities Code shall operate as a
22		suspension of that card.
23		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
24		(410 ILCS 705/15-155)
25		Sec. 15-155. Unlicensed practice; violation; civil

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1		penalty; cease and desist order.
2		(a) In addition to any other penalty provided by law, any
3		person who practices, offers to practice, attempts to
4		practice, or holds oneself out to practice as a licensed
5		dispensing organization owner, principal officer,
6		agent-in-charge, or agent sells or offers for sale cannabis,
7		cannabis-infused products, cannabis concentrates, or cannabis
8		flower without being licensed under this Act shall, in
9		addition to any other penalty provided by law, pay a civil
10		penalty to the Department of Financial and Professional
11		Regulation in an amount not to exceed $10,000 for each offense
12		as determined by the Department. Each day a person engages in
13		unlicensed practice in violation of this Section constitutes a
14		separate violation. The civil penalty shall be assessed by the
15		Department after a hearing is held in accordance with the
16		provisions set forth in this Act regarding the provision of a
17		hearing for the discipline of a licensee.
18		(a-5) Procedures for cease and desist orders under this
19		Section are as follows:
20		(1) The Secretary of the Department of Financial and
21		Professional Regulation may issue a cease and desist order
22		to any person doing business without the required license,
23		when, in the opinion of the Secretary, the person is
24		violating or is about to violate any provision of this Act
25		or any rule or requirement imposed in writing by the
26		Department as a condition of granting any authorization

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1		permitted by this Act. The cease and desist order under
2		this Section may be issued before a hearing.
3		(2) The Secretary shall serve notice of the
4		Secretary's action, including, but not limited to, a
5		statement of the reasons for the action, either personally
6		or by certified mail. Service by certified mail shall be
7		deemed completed when the notice is deposited in the U.S.
8		Mail.
9		(3) Within 10 days after service of the cease and
10		desist order, the licensee or other person may request a
11		hearing in writing. The Secretary shall schedule a hearing
12		within 90 days after the request for a hearing unless
13		otherwise agreed to by the parties.
14		(4) The Secretary may withdraw a cease and desist
15		order at any time.
16		(5) The powers vested in the Secretary by this Section
17		are in addition to any and all other powers and remedies
18		vested in the Secretary by law, and nothing in this
19		Section shall be construed as requiring that the Secretary
20		shall employ the power conferred in this Section instead
21		of or as a condition precedent to the exercise of any other
22		power or remedy vested in the Secretary.
23		(6) The Secretary may seek to compel compliance with
24		the cease and desist order in the circuit court through
25		the Attorney General. Any person in violation of a cease
26		and desist order issued by the Department is subject to

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1		all penalties provided by law.
2		(b) The Department, the Attorney General, any State or
3		local law enforcement agency, or any State's Attorney has the
4		authority and power to investigate any and all unlicensed
5		activity.
6		(c) The civil penalty shall be paid within 60 days after
7		the effective date of the order imposing the civil penalty or
8		in accordance with the order imposing the civil penalty. The
9		order shall constitute a judgment and may be filed and
10		execution had thereon in the same manner as any judgment from
11		any court of this State.
12		(d) A violation of subsection (a) is an unlawful practice
13		under Section 2 of the Consumer Fraud and Deceptive Business
14		Practices Act. All remedies, penalties, and authority granted
15		to the Attorney General under that Act shall be available for
16		the enforcement of this Act.
17		(e) Nothing in this Section prohibits a unit of local
18		government from enacting a local law or ordinance to carry out
19		enforcement activities and assess civil penalties against
20		unlicensed cannabis activities.
21		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
22		(410 ILCS 705/20-15)
23		Sec. 20-15. Conditional Adult Use Cultivation Center
24		application.
25		(a) If the Department of Agriculture makes available

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1		additional cultivation center licenses pursuant to Section
2		20-5, applicants for a Conditional Adult Use Cultivation
3		Center License shall electronically submit the following in
4		such form as the Department of Agriculture may direct:
5		(1) the nonrefundable application fee set by rule by
6		the Department of Agriculture, to be deposited into the
7		Cannabis Regulation Fund;
8		(2) the legal name of the cultivation center;
9		(3) the proposed physical address of the cultivation
10		center;
11		(4) the name, address, social security number, and
12		date of birth of each principal officer and board member
13		of the cultivation center; each principal officer and
14		board member shall be at least 21 years of age;
15		(5) the details of any administrative or judicial
16		proceeding in which any of the principal officers or board
17		members of the cultivation center (i) pled guilty, were
18		convicted, were fined, or had a registration or license
19		suspended or revoked, or (ii) managed or served on the
20		board of a business or non-profit organization that pled
21		guilty, was convicted, was fined, or had a registration or
22		license suspended or revoked;
23		(6) proposed operating bylaws that include procedures
24		for the oversight of the cultivation center, including the
25		development and implementation of a plant monitoring
26		system, accurate recordkeeping, staffing plan, and

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1		security plan approved by the Illinois State Police that
2		are in accordance with the rules issued by the Department
3		of Agriculture under this Act. A physical inventory shall
4		be performed of all plants and cannabis on a weekly basis
5		by the cultivation center;
6		(7) verification from the Illinois State Police that
7		all background checks of the prospective principal
8		officers, board members, and agents of the cannabis
9		business establishment have been conducted;
10		(8) a copy of the current local zoning ordinance or
11		permit and verification that the proposed cultivation
12		center is in compliance with the local zoning rules and
13		distance limitations established by the local
14		jurisdiction;
15		(9) proposed employment practices, in which the
16		applicant must demonstrate a plan of action to inform,
17		hire, and educate minorities, women, veterans, and persons
18		with disabilities, engage in fair labor practices, and
19		provide worker protections;
20		(10) whether an applicant can demonstrate experience
21		in or business practices that promote economic empowerment
22		in Disproportionately Impacted Areas;
23		(11) experience with the cultivation of agricultural
24		or horticultural products, operating an agriculturally
25		related business, or operating a horticultural business;
26		(12) a description of the enclosed, locked facility

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1		where cannabis will be grown, harvested, manufactured,
2		processed, packaged, or otherwise prepared for
3		distribution to a dispensing organization;
4		(13) a survey of the enclosed, locked facility,
5		including the space used for cultivation;
6		(14) cultivation, processing, inventory, and packaging
7		plans;
8		(15) a description of the applicant's experience with
9		agricultural cultivation techniques and industry
10		standards;
11		(16) a list of any academic degrees, certifications,
12		or relevant experience of all prospective principal
13		officers, board members, and agents of the related
14		business;
15		(17) the identity of every person having a financial
16		or voting interest of 5% or greater in the cultivation
17		center operation with respect to which the license is
18		sought, whether a trust, corporation, partnership, limited
19		liability company, or sole proprietorship, including the
20		name and address of each person;
21		(18) a plan describing how the cultivation center will
22		address each of the following:
23		(i) energy needs, including estimates of monthly
24		electricity and gas usage, to what extent it will
25		procure energy from a local utility or from on-site
26		generation, and if it has or will adopt a sustainable

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1		energy use and energy conservation policy;
2		(ii) water needs, including estimated water draw
3		and if it has or will adopt a sustainable water use and
4		water conservation policy; and
5		(iii) waste management, including if it has or
6		will adopt a waste reduction policy;
7		(19) a diversity plan that includes a narrative of not
8		more than 2,500 words that establishes a goal of diversity
9		in ownership, management, employment, and contracting to
10		ensure that diverse participants and groups are afforded
11		equality of opportunity;
12		(20) any other information required by rule;
13		(21) a recycling plan:
14		(A) Purchaser packaging, including cartridges,
15		shall be accepted by the applicant and recycled.
16		(B) Any recyclable waste generated by the cannabis
17		cultivation facility shall be recycled per applicable
18		State and local laws, ordinances, and rules.
19		(C) Any cannabis waste, liquid waste, or hazardous
20		waste shall be disposed of in accordance with 8 Ill.
21		Adm. Code 1000.460, except, to the greatest extent
22		feasible, all cannabis plant waste will be rendered
23		unusable by grinding and incorporating the cannabis
24		plant waste with compostable mixed waste to be
25		disposed of in accordance with 8 Ill. Adm. Code
26		1000.460(g)(1);

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1		(22) commitment to comply with local waste provisions:
2		a cultivation facility must remain in compliance with
3		applicable State and federal environmental requirements,
4		including, but not limited to:
5		(A) storing, securing, and managing all
6		recyclables and waste, including organic waste
7		composed of or containing finished cannabis and
8		cannabis products, in accordance with applicable State
9		and local laws, ordinances, and rules; and
10		(B) disposing liquid waste containing cannabis or
11		byproducts of cannabis processing in compliance with
12		all applicable State and federal requirements,
13		including, but not limited to, the cannabis
14		cultivation facility's permits under Title X of the
15		Environmental Protection Act; and
16		(23) a commitment to a technology standard for
17		resource efficiency of the cultivation center facility.
18		(A) A cannabis cultivation facility commits to use
19		resources efficiently, including energy and water. For
20		the following, a cannabis cultivation facility commits
21		to meet or exceed the technology standard identified
22		in items (i), (ii), (iii), and (iv), which may be
23		modified by rule:
24		(i) lighting systems, including light bulbs;
25		(ii) HVAC system;
26		(iii) water application system to the crop;

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1		and
2		(iv) filtration system for removing
3		contaminants from wastewater.
4		(B) Lighting. The Lighting Power Densities (LPD)
5		for cultivation space commits to not exceed an average
6		of 36 watts per gross square foot of active and growing
7		space canopy, or all installed lighting technology
8		shall meet a photosynthetic photon efficacy (PPE) of
9		no less than 2.2 micromoles per joule fixture and
10		shall be featured on the DesignLights Consortium (DLC)
11		Horticultural Specification Qualified Products List
12		(QPL). In the event that DLC requirement for minimum
13		efficacy exceeds 2.2 micromoles per joule fixture,
14		that PPE shall become the new standard.
15		(C) HVAC.
16		(i) The For cannabis grow operations with less
17		than 6,000 square feet of canopy, the licensee
18		commits that all HVAC units will be
19		high-efficiency ductless split HVAC units, or
20		other more energy efficient equipment.
21		(ii) (Blank). For cannabis grow operations
22		with 6,000 square feet of canopy or more, the
23		licensee commits that all HVAC units will be
24		variable refrigerant flow HVAC units, or other
25		more energy efficient equipment.
26		(D) Water application.

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1		(i) The cannabis cultivation facility commits
2		to use automated watering systems, including, but
3		not limited to, drip irrigation and flood tables,
4		to irrigate cannabis crop.
5		(ii) The cannabis cultivation facility commits
6		to measure runoff from watering events and report
7		this volume in its water usage plan, and that on
8		average, watering events shall have no more than
9		20% of runoff of water.
10		(E) Filtration. The cultivator commits that HVAC
11		condensate, dehumidification water, excess runoff, and
12		other wastewater produced by the cannabis cultivation
13		facility shall be captured and filtered to the best of
14		the facility's ability to achieve the quality needed
15		to be reused in subsequent watering rounds.
16		(F) Reporting energy use and efficiency as
17		required by rule.
18		(b) Applicants must submit all required information,
19		including the information required in Section 20-10, to the
20		Department of Agriculture. Failure by an applicant to submit
21		all required information may result in the application being
22		disqualified.
23		(c) If the Department of Agriculture receives an
24		application with missing information, the Department of
25		Agriculture may issue a deficiency notice to the applicant.
26		The applicant shall have 10 calendar days from the date of the

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1		deficiency notice to resubmit the incomplete information.
2		Applications that are still incomplete after this opportunity
3		to cure will not be scored and will be disqualified.
4		(d) (Blank).
5		(e) A cultivation center that is awarded a Conditional
6		Adult Use Cultivation Center License pursuant to the criteria
7		in Section 20-20 shall not grow, purchase, possess, or sell
8		cannabis or cannabis-infused products until the person has
9		received an Adult Use Cultivation Center License issued by the
10		Department of Agriculture pursuant to Section 20-21 of this
11		Act.
12		(Source: P.A. 104-417, eff. 8-15-25.)
13		(410 ILCS 705/20-30)
14		Sec. 20-30. Cultivation center requirements; prohibitions.
15		(a) The operating documents of a cultivation center shall
16		include procedures for the oversight of the cultivation
17		center, a cannabis plant monitoring system including a
18		physical inventory recorded weekly, accurate recordkeeping,
19		and a staffing plan.
20		(b) A cultivation center shall implement a security plan
21		reviewed by the Illinois State Police that includes, but is
22		not limited to: facility access controls, perimeter intrusion
23		detection systems, personnel identification systems, 24-hour
24		surveillance system to monitor the interior and exterior of
25		the cultivation center facility and accessibility to

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1		authorized law enforcement, the Department of Public Health
2		where processing takes place, and the Department of
3		Agriculture in real time.
4		(c) All cultivation of cannabis by a cultivation center
5		must take place in an enclosed, locked facility at the
6		physical address provided to the Department of Agriculture
7		during the licensing process. The cultivation center location
8		shall only be accessed by the agents working for the
9		cultivation center, the Department of Agriculture staff
10		performing inspections, the Department of Public Health staff
11		performing inspections, local and State law enforcement or
12		other emergency personnel, contractors working on jobs
13		unrelated to cannabis, such as installing or maintaining
14		security devices or performing electrical wiring, transporting
15		organization agents as provided in this Act, individuals in a
16		mentoring or educational program approved by the State, or
17		other individuals as provided by rule.
18		(d) A cultivation center may not sell or distribute any
19		cannabis or cannabis-infused products to any person other than
20		a dispensing organization, craft grower, infuser organization,
21		transporter, or as otherwise authorized by rule.
22		(e) A cultivation center may not either directly or
23		indirectly discriminate in price between different dispensing
24		organizations, craft growers, or infuser organizations that
25		are purchasing a like grade, strain, brand, and quality of
26		cannabis or cannabis-infused product. Nothing in this

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1		subsection (e) prevents a cultivation center from pricing
2		cannabis differently based on differences in the cost of
3		manufacturing or processing, the quantities sold, such as
4		volume discounts, or the way the products are delivered.
5		(f) All cannabis harvested by a cultivation center and
6		intended for distribution to a dispensing organization must be
7		entered into a data collection system, packaged and labeled
8		under Section 55-21, and placed into a cannabis container for
9		transport. All cannabis harvested by a cultivation center and
10		intended for distribution to a craft grower or infuser
11		organization must be packaged in a labeled cannabis container
12		and entered into a data collection system before transport.
13		(g) Cultivation centers are subject to random inspections
14		by the Department of Agriculture, the Department of Public
15		Health, local safety or health inspectors, the Illinois State
16		Police, or as provided by rule.
17		(h) A cultivation center agent shall notify local law
18		enforcement, the Illinois State Police, and the Department of
19		Agriculture within 24 hours of the discovery of any loss or
20		theft. Notification shall be made by phone or in person, or by
21		written or electronic communication.
22		(i) A cultivation center shall comply with all State and
23		any applicable federal rules and regulations regarding the use
24		of pesticides on cannabis plants.
25		(j) No person or entity shall hold any legal, equitable,
26		ownership, or beneficial interest, directly or indirectly, of

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1		more than 3 cultivation centers licensed under this Article.
2		Further, no person or entity that is employed by, an agent of,
3		has a contract to receive payment in any form from a
4		cultivation center, is a principal officer of a cultivation
5		center, or entity controlled by or affiliated with a principal
6		officer of a cultivation center shall hold any legal,
7		equitable, ownership, or beneficial interest, directly or
8		indirectly, in a cultivation that would result in the person
9		or entity owning or controlling in combination with any
10		cultivation center, principal officer of a cultivation center,
11		or entity controlled or affiliated with a principal officer of
12		a cultivation center by which he, she, or it is employed, is an
13		agent of, or participates in the management of, more than 3
14		cultivation center licenses.
15		(k) A cultivation center may not contain more than 210,000
16		square feet of canopy space for plants in the flowering stage
17		for cultivation of adult use cannabis as provided in this Act.
18		(l) A cultivation center may process cannabis, cannabis
19		concentrates, and cannabis-infused products.
20		(m) Beginning July 1, 2020, a cultivation center shall not
21		transport cannabis or cannabis-infused products to a craft
22		grower, dispensing organization, infuser organization, or
23		laboratory licensed under this Act, unless it has obtained a
24		transporting organization license.
25		(n) It is unlawful for any person having a cultivation
26		center license or any officer, associate, member,

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1		representative, or agent of such licensee to offer or deliver
2		money, or anything else of value, directly or indirectly to
3		any person having an Early Approval Adult Use Dispensing
4		Organization License, a Conditional Adult Use Dispensing
5		Organization License, an Adult Use Dispensing Organization
6		License, or a medical cannabis dispensing organization license
7		issued under the Compassionate Use of Medical Cannabis Program
8		Act, or to any person connected with or in any way
9		representing, or to any member of the family of, such person
10		holding an Early Approval Adult Use Dispensing Organization
11		License, a Conditional Adult Use Dispensing Organization
12		License, an Adult Use Dispensing Organization License, or a
13		medical cannabis dispensing organization license issued under
14		the Compassionate Use of Medical Cannabis Program Act, or to
15		any stockholders in any corporation engaged in the retail sale
16		of cannabis, or to any officer, manager, agent, or
17		representative of the Early Approval Adult Use Dispensing
18		Organization License, a Conditional Adult Use Dispensing
19		Organization License, an Adult Use Dispensing Organization
20		License, or a medical cannabis dispensing organization license
21		issued under the Compassionate Use of Medical Cannabis Program
22		Act to obtain preferential placement within the dispensing
23		organization, including, without limitation, on shelves and in
24		display cases where purchasers can view products, or on the
25		dispensing organization's website.
26		(o) A cultivation center must comply with any other

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1		requirements or prohibitions set by administrative rule of the
2		Department of Agriculture.
3		(p) Cultivation centers shall retain at least 60 days of
4		camera storage in any location or otherwise provided by rule.
5		The Department may require footage to be maintained for
6		purposes of an investigation.
7		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
8		102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
9		5-13-22.)
10		(410 ILCS 705/20-35)
11		Sec. 20-35. Cultivation center agent identification card.
12		(a) The Department of Agriculture shall:
13		(1) establish by rule the information required in an
14		initial application or renewal application for an agent
15		identification card submitted under this Act and the
16		nonrefundable fee to accompany the initial application or
17		renewal application;
18		(2) verify the information contained in an initial
19		application or renewal application for an agent
20		identification card submitted under this Act, and approve
21		or deny an application within 30 days of receiving a
22		completed initial application or renewal application and
23		all supporting documentation required by rule;
24		(3) issue an agent identification card to a qualifying
25		agent within 15 business days of approving the initial

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1		application or renewal application;
2		(4) enter the license number of the cultivation center
3		where the agent works; and
4		(5) allow for an electronic initial application and
5		renewal application process, and provide a confirmation by
6		electronic or other methods that an application has been
7		submitted. The Department of Agriculture may by rule
8		require prospective agents to file their applications by
9		electronic means and provide notices to the agents by
10		electronic means.
11		(b) An agent must keep his or her identification card
12		visible at all times when on the property of the cultivation
13		center at which the agent is employed.
14		(c) The agent identification cards shall contain the
15		following:
16		(1) the name of the cardholder;
17		(2) the date of issuance and expiration date of the
18		identification card;
19		(3) a random 10-digit alphanumeric identification
20		number containing at least 4 numbers and at least 4
21		letters that is unique to the holder;
22		(4) a photograph of the cardholder; and
23		(5) the legal name of the cultivation center employing
24		the agent.
25		(d) An agent identification card shall be immediately
26		returned to the cultivation center of the agent upon

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1		termination of his or her employment.
2		(e) Any agent identification card lost by a cultivation
3		center agent shall be reported to the Illinois State Police
4		and the Department of Agriculture immediately upon discovery
5		of the loss.
6		(f) The Department of Agriculture shall not issue an agent
7		identification card if the applicant is delinquent in filing
8		any required tax returns or paying any amounts owed to the
9		State of Illinois.
10		(f-5) An agent applicant may begin employment at a
11		cultivation center while the agent applicant's identification
12		card application is pending. Upon approval, the Department
13		shall issue the agent's identification card to the agent. If
14		denied, the cultivation center and the agent applicant shall
15		be notified and the agent applicant must cease all activity at
16		the infuser organization immediately.
17		(g) The Department and the Department of Financial and
18		Professional Regulation may develop and implement an
19		integrated system to issue an agent identification card that
20		identifies a cultivation center agent licensed by the
21		Department, as well as any craft grower, transporter,
22		dispensing organization, community college program, or infuser
23		license or registration the agent may simultaneously hold.
24		(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.)
25		(410 ILCS 705/20-45)

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1		Sec. 20-45. Renewal of cultivation center licenses and
2		agent identification cards.
3		(a) Licenses and identification cards issued under this
4		Act shall be renewed annually. A cultivation center shall
5		receive written or electronic notice 90 days before the
6		expiration of its current license that the license will
7		expire. The Department of Agriculture shall grant a renewal
8		within 45 days of submission of a renewal application if:
9		(1) the cultivation center submits a renewal
10		application and the required nonrefundable renewal fee of
11		$100,000, or another amount as the Department of
12		Agriculture may set by rule after January 1, 2021, to be
13		deposited into the Cannabis Regulation Fund.
14		(2) the Department of Agriculture has not suspended
15		the license of the cultivation center or suspended or
16		revoked the license for violating this Act or rules
17		adopted under this Act;
18		(3) the cultivation center has continued to operate in
19		accordance with all plans submitted as part of its
20		application and approved by the Department of Agriculture
21		or any amendments thereto that have been approved by the
22		Department of Agriculture;
23		(4) the cultivation center has submitted an agent,
24		employee, contracting, and subcontracting diversity report
25		as required by the Department; and
26		(5) the cultivation center has submitted an

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1		environmental impact report.
2		(b) If a cultivation center fails to renew its license
3		before expiration, it shall cease operations until its license
4		is renewed.
5		(c) If a cultivation center agent fails to renew his or her
6		identification card before its expiration, he or she shall
7		cease to work as an agent of the cultivation center until his
8		or her identification card is renewed.
9		(d) Any cultivation center that continues to operate, or
10		any cultivation center agent who continues to work as an
11		agent, after the applicable license or identification card has
12		expired without renewal is subject to the penalties provided
13		under Section 45-5.
14		(e) The Department of Agriculture shall not renew a
15		license or an agent identification card if the applicant is
16		delinquent in filing any required tax returns or paying any
17		amounts owed to the State of Illinois.
18		(Source: P.A. 101-27, eff. 6-25-19.)
19		(410 ILCS 705/20-60 new)
20		Sec. 20-60. Unlicensed practice; violation; civil penalty.
21		(a) In addition to any other penalty provided by law, any
22		person who practices, offers to practice, attempts to
23		practice, or holds oneself out to practice as a cultivation
24		center, infuser, or craft grower, principal officer,
25		agent-in-charge, or agent or who cultivates, processes,

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1		distributes, sells, or offers for sale cannabis,
2		cannabis-infused products, cannabis concentrates, or cannabis
3		flower without being licensed under this Act shall, in
4		addition to any other penalty provided by law, pay a civil
5		penalty to the Department of Agriculture in an amount not to
6		exceed $10,000 for each offense. Each day any person engages
7		in unlicensed practice in violation of the provisions of this
8		Section constitutes a separate offense. The civil penalty
9		shall be assessed by the Department after a hearing is held in
10		accordance with the provisions set forth in this Act regarding
11		hearings for the discipline of a licensee.
12		(b) The Department, the Attorney General, any State or
13		local law enforcement agency, or any State's Attorney has the
14		authority and power to investigate any and all unlicensed
15		activity described under this Section.
16		(c) The civil penalty shall be paid within 60 days after
17		the effective date of the order imposing the civil penalty or
18		in accordance with the order imposing the civil penalty. The
19		order shall constitute a judgment and may be filed and
20		execution had thereon in the same manner as any judgment from
21		any court of this State.
22		(d) In addition to any other remedies or penalties
23		provided by law, a unit of local government may suspend or
24		revoke any locally established licenses held by the person,
25		prohibit the person from further operations, and seize any
26		cannabis or THC product.

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1		(e) A violation of subsection (a) is an unlawful practice
2		under Section 2 of the Consumer Fraud and Deceptive Business
3		Practices Act. All remedies, penalties, and authority granted
4		to the Attorney General under that Act shall be available for
5		the enforcement of this Act.
6		(f) Nothing in this Section prohibits a unit of local
7		government from enacting a local law or ordinance to carry out
8		enforcement activities and assess civil penalties against
9		unlicensed cannabis sales.
10		(410 ILCS 705/25-35)
11		(Section scheduled to be repealed on July 1, 2026)
12		Sec. 25-35. Community College Cannabis Vocational Training
13		Pilot Program faculty participant agent identification card.
14		(a) The Department shall:
15		(1) establish by rule the information required in an
16		initial application or renewal application for an agent
17		identification card submitted under this Article and the
18		nonrefundable fee to accompany the initial application or
19		renewal application;
20		(2) verify the information contained in an initial
21		application or renewal application for an agent
22		identification card submitted under this Article, and
23		approve or deny an application within 30 days of receiving
24		a completed initial application or renewal application and
25		all supporting documentation required by rule;

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1		(3) issue an agent identification card to a qualifying
2		agent within 15 business days of approving the initial
3		application or renewal application;
4		(4) enter the license number of the community college
5		where the agent works; and
6		(5) allow for an electronic initial application and
7		renewal application process, and provide a confirmation by
8		electronic or other methods that an application has been
9		submitted. Each Department may by rule require prospective
10		agents to file their applications by electronic means and
11		to provide notices to the agents by electronic means.
12		(b) An agent must keep his or her identification card
13		visible at all times when in the enclosed, locked facility, or
14		facilities for which he or she is an agent.
15		(c) The agent identification cards shall contain the
16		following:
17		(1) the name of the cardholder;
18		(2) the date of issuance and expiration date of the
19		identification card;
20		(3) a random 10-digit alphanumeric identification
21		number containing at least 4 numbers and at least 4
22		letters that is unique to the holder;
23		(4) a photograph of the cardholder; and
24		(5) the legal name of the community college employing
25		the agent.
26		(d) An agent identification card shall be immediately

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1		returned to the community college of the agent upon
2		termination of his or her employment.
3		(e) Any agent identification card lost shall be reported
4		to the Illinois State Police and the Department of Agriculture
5		immediately upon discovery of the loss.
6		(f) An agent applicant may begin employment at a Community
7		College Cannabis Vocational Training Pilot Program while the
8		agent applicant's identification card application is pending.
9		Upon approval, the Department shall issue the agent's
10		identification card to the agent. If denied, the Community
11		College Cannabis Vocational Training Pilot Program and the
12		agent applicant shall be notified and the agent applicant must
13		cease all activity at the Community College Cannabis
14		Vocational Training Pilot Program immediately.
15		(g) The Department of Agriculture shall not issue an agent
16		identification card if the applicant is delinquent in filing
17		any required tax returns or paying any amounts owed to the
18		State of Illinois.
19		(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21;
20		102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
21		(410 ILCS 705/30-10)
22		Sec. 30-10. Application.
23		(a) When applying for a license, the applicant shall
24		electronically submit the following in such form as the
25		Department of Agriculture may direct:

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1		(1) the nonrefundable application fee of $5,000 to be
2		deposited into the Cannabis Regulation Fund, or another
3		amount as the Department of Agriculture may set by rule
4		after January 1, 2021;
5		(2) the legal name of the craft grower;
6		(3) the proposed physical address of the craft grower;
7		(4) the name, address, social security number, and
8		date of birth of each principal officer and board member
9		of the craft grower; each principal officer and board
10		member shall be at least 21 years of age;
11		(5) the details of any administrative or judicial
12		proceeding in which any of the principal officers or board
13		members of the craft grower (i) pled guilty, were
14		convicted, were fined, or had a registration or license
15		suspended or revoked or (ii) managed or served on the
16		board of a business or non-profit organization that pled
17		guilty, was convicted, was fined, or had a registration or
18		license suspended or revoked;
19		(6) proposed operating bylaws that include procedures
20		for the oversight of the craft grower, including the
21		development and implementation of a plant monitoring
22		system, accurate recordkeeping, staffing plan, and
23		security plan approved by the Illinois State Police that
24		are in accordance with the rules issued by the Department
25		of Agriculture under this Act; a physical inventory shall
26		be performed of all plants and on a weekly basis by the

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1		craft grower;
2		(7) verification from the Illinois State Police that
3		all background checks of the prospective principal
4		officers, board members, and agents of the cannabis
5		business establishment have been conducted;
6		(8) a copy of the current local zoning ordinance or
7		permit and verification that the proposed craft grower is
8		in compliance with the local zoning rules and distance
9		limitations established by the local jurisdiction;
10		(9) proposed employment practices, in which the
11		applicant must demonstrate a plan of action to inform,
12		hire, and educate minorities, women, veterans, and persons
13		with disabilities, engage in fair labor practices, and
14		provide worker protections;
15		(10) whether an applicant can demonstrate experience
16		in or business practices that promote economic empowerment
17		in Disproportionately Impacted Areas;
18		(11) experience with the cultivation of agricultural
19		or horticultural products, operating an agriculturally
20		related business, or operating a horticultural business;
21		(12) a description of the enclosed, locked facility
22		where cannabis will be grown, harvested, manufactured,
23		packaged, or otherwise prepared for distribution to a
24		dispensing organization or other cannabis business
25		establishment;
26		(13) a survey of the enclosed, locked facility,

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1		including the space used for cultivation;
2		(14) cultivation, processing, inventory, and packaging
3		plans;
4		(15) a description of the applicant's experience with
5		agricultural cultivation techniques and industry
6		standards;
7		(16) a list of any academic degrees, certifications,
8		or relevant experience of all prospective principal
9		officers, board members, and agents of the related
10		business;
11		(17) the identity of every person having a financial
12		or voting interest of 5% or greater in the craft grower
13		operation, whether a trust, corporation, partnership,
14		limited liability company, or sole proprietorship,
15		including the name and address of each person;
16		(18) a plan describing how the craft grower will
17		address each of the following:
18		(i) energy needs, including estimates of monthly
19		electricity and gas usage, to what extent it will
20		procure energy from a local utility or from on-site
21		generation, and if it has or will adopt a sustainable
22		energy use and energy conservation policy;
23		(ii) water needs, including estimated water draw
24		and if it has or will adopt a sustainable water use and
25		water conservation policy; and
26		(iii) waste management, including if it has or

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1		will adopt a waste reduction policy;
2		(19) a recycling plan:
3		(A) Purchaser packaging, including cartridges,
4		shall be accepted by the applicant and recycled.
5		(B) Any recyclable waste generated by the craft
6		grower facility shall be recycled per applicable State
7		and local laws, ordinances, and rules.
8		(C) Any cannabis waste, liquid waste, or hazardous
9		waste shall be disposed of in accordance with 8 Ill.
10		Adm. Code 1000.460, except, to the greatest extent
11		feasible, all cannabis plant waste will be rendered
12		unusable by grinding and incorporating the cannabis
13		plant waste with compostable mixed waste to be
14		disposed of in accordance with 8 Ill. Adm. Code
15		1000.460(g)(1);
16		(20) a commitment to comply with local waste
17		provisions: a craft grower facility must remain in
18		compliance with applicable State and federal environmental
19		requirements, including, but not limited to:
20		(A) storing, securing, and managing all
21		recyclables and waste, including organic waste
22		composed of or containing finished cannabis and
23		cannabis products, in accordance with applicable State
24		and local laws, ordinances, and rules; and
25		(B) disposing liquid waste containing cannabis or
26		byproducts of cannabis processing in compliance with

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1		all applicable State and federal requirements,
2		including, but not limited to, the cannabis
3		cultivation facility's permits under Title X of the
4		Environmental Protection Act;
5		(21) a commitment to a technology standard for
6		resource efficiency of the craft grower facility.
7		(A) A craft grower facility commits to use
8		resources efficiently, including energy and water. For
9		the following, a craft grower cannabis cultivation
10		facility commits to meet or exceed the technology
11		standard identified in paragraphs (i), (ii), (iii),
12		and (iv), which may be modified by rule:
13		(i) lighting systems, including light bulbs;
14		(ii) HVAC system;
15		(iii) water application system to the crop;
16		and
17		(iv) filtration system for removing
18		contaminants from wastewater.
19		(B) Lighting. The Lighting Power Densities (LPD)
20		for cultivation space commits to not exceed an average
21		of 36 watts per gross square foot of active and growing
22		space canopy, or all installed lighting technology
23		shall meet a photosynthetic photon efficacy (PPE) of
24		no less than 2.2 micromoles per joule fixture and
25		shall be featured on the DesignLights Consortium (DLC)
26		Horticultural Specification Qualified Products List

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1		(QPL). In the event that DLC requirement for minimum
2		efficacy exceeds 2.2 micromoles per joule fixture,
3		that PPE shall become the new standard.
4		(C) HVAC.
5		(i) The For cannabis grow operations with less
6		than 6,000 square feet of canopy, the licensee
7		commits that all HVAC units will be
8		high-efficiency ductless split HVAC units, or
9		other more energy efficient equipment.
10		(ii) (Blank). For cannabis grow operations
11		with 6,000 square feet of canopy or more, the
12		licensee commits that all HVAC units will be
13		variable refrigerant flow HVAC units, or other
14		more energy efficient equipment.
15		(D) Water application.
16		(i) The craft grower facility commits to use
17		automated watering systems, including, but not
18		limited to, drip irrigation and flood tables, to
19		irrigate cannabis crop.
20		(ii) The craft grower facility commits to
21		measure runoff from watering events and report
22		this volume in its water usage plan, and that on
23		average, watering events shall have no more than
24		20% of runoff of water.
25		(E) Filtration. The craft grower commits that HVAC
26		condensate, dehumidification water, excess runoff, and

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1		other wastewater produced by the craft grower facility
2		shall be captured and filtered to the best of the
3		facility's ability to achieve the quality needed to be
4		reused in subsequent watering rounds.
5		(F) Reporting energy use and efficiency as
6		required by rule; and
7		(22) any other information required by rule.
8		(b) Applicants must submit all required information,
9		including the information required in Section 30-15, to the
10		Department of Agriculture. Failure by an applicant to submit
11		all required information may result in the application being
12		disqualified.
13		(c) If the Department of Agriculture receives an
14		application with missing information, the Department of
15		Agriculture may issue a deficiency notice to the applicant.
16		The applicant shall have 10 calendar days from the date of the
17		deficiency notice to resubmit the incomplete information.
18		Applications that are still incomplete after this opportunity
19		to cure will not be scored and will be disqualified.
20		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
21		102-538, eff. 8-20-21.)
22		(410 ILCS 705/30-30)
23		Sec. 30-30. Craft grower requirements; prohibitions.
24		(a) The operating documents of a craft grower shall
25		include procedures for the oversight of the craft grower, a

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1		cannabis plant monitoring system including a physical
2		inventory recorded weekly, accurate recordkeeping, and a
3		staffing plan.
4		(b) A craft grower shall implement a security plan
5		reviewed by the Illinois State Police that includes, but is
6		not limited to: facility access controls, perimeter intrusion
7		detection systems, personnel identification systems, and a
8		24-hour surveillance system to monitor the interior and
9		exterior of the craft grower facility and that is accessible
10		to authorized law enforcement and the Department of
11		Agriculture in real time.
12		(c) All cultivation of cannabis by a craft grower must
13		take place in an enclosed, locked facility at the physical
14		address provided to the Department of Agriculture during the
15		licensing process. The craft grower location shall only be
16		accessed by the agents working for the craft grower, the
17		Department of Agriculture staff performing inspections, the
18		Department of Public Health staff performing inspections,
19		State and local law enforcement or other emergency personnel,
20		contractors working on jobs unrelated to cannabis, such as
21		installing or maintaining security devices or performing
22		electrical wiring, transporting organization agents as
23		provided in this Act, or participants in the incubator
24		program, individuals in a mentoring or educational program
25		approved by the State, or other individuals as provided by
26		rule. However, if a craft grower shares a premises with an

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1		infuser or dispensing organization, agents from those other
2		licensees may access the craft grower portion of the premises
3		if that is the location of common bathrooms, lunchrooms,
4		locker rooms, or other areas of the building where work or
5		cultivation of cannabis is not performed. At no time may an
6		infuser or dispensing organization agent perform work at a
7		craft grower without being a registered agent of the craft
8		grower.
9		(d) A craft grower may not sell or distribute any cannabis
10		to any person other than a cultivation center, a craft grower,
11		an infuser organization, a dispensing organization, or as
12		otherwise authorized by rule.
13		(e) A craft grower may not be located in an area zoned for
14		residential use.
15		(f) A craft grower may not either directly or indirectly
16		discriminate in price between different cannabis business
17		establishments that are purchasing a like grade, strain,
18		brand, and quality of cannabis or cannabis-infused product.
19		Nothing in this subsection (f) prevents a craft grower from
20		pricing cannabis differently based on differences in the cost
21		of manufacturing or processing, the quantities sold, such as
22		volume discounts, or the way the products are delivered.
23		(g) All cannabis harvested by a craft grower and intended
24		for distribution to a dispensing organization must be entered
25		into a data collection system, packaged and labeled under
26		Section 55-21, and, if distribution is to a dispensing

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1		organization that does not share a premises with the
2		dispensing organization receiving the cannabis, placed into a
3		cannabis container for transport. All cannabis harvested by a
4		craft grower and intended for distribution to a cultivation
5		center, to an infuser organization, or to a craft grower with
6		which it does not share a premises, must be packaged in a
7		labeled cannabis container and entered into a data collection
8		system before transport.
9		(h) Craft growers are subject to random inspections by the
10		Department of Agriculture, local safety or health inspectors,
11		the Illinois State Police, or as provided by rule.
12		(i) A craft grower agent shall notify local law
13		enforcement, the Illinois State Police, and the Department of
14		Agriculture within 24 hours of the discovery of any loss or
15		theft. Notification shall be made by phone, in person, or
16		written or electronic communication.
17		(j) A craft grower shall comply with all State and any
18		applicable federal rules and regulations regarding the use of
19		pesticides.
20		(k) A craft grower or craft grower agent shall not
21		transport cannabis or cannabis-infused products to any other
22		cannabis business establishment without a transport
23		organization license unless:
24		(i) If the craft grower is located in a county with a
25		population of 3,000,000 or more, the cannabis business
26		establishment receiving the cannabis is within 2,000 feet

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1		of the property line of the craft grower;
2		(ii) If the craft grower is located in a county with a
3		population of more than 700,000 but fewer than 3,000,000,
4		the cannabis business establishment receiving the cannabis
5		is within 2 miles of the craft grower; or
6		(iii) If the craft grower is located in a county with a
7		population of fewer than 700,000, the cannabis business
8		establishment receiving the cannabis is within 15 miles of
9		the craft grower.
10		(l) A craft grower may enter into a contract with a
11		transporting organization to transport cannabis to a
12		cultivation center, a craft grower, an infuser organization, a
13		dispensing organization, or a laboratory.
14		(m) No person or entity shall hold any legal, equitable,
15		ownership, or beneficial interest, directly or indirectly, of
16		more than 3 craft grower licenses. Further, no person or
17		entity that is employed by, an agent of, or has a contract to
18		receive payment from or participate in the management of a
19		craft grower, is a principal officer of a craft grower, or
20		entity controlled by or affiliated with a principal officer of
21		a craft grower shall hold any legal, equitable, ownership, or
22		beneficial interest, directly or indirectly, in a craft grower
23		license that would result in the person or entity owning or
24		controlling in combination with any craft grower, principal
25		officer of a craft grower, or entity controlled or affiliated
26		with a principal officer of a craft grower by which he, she, or

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1		it is employed, is an agent of, or participates in the
2		management of more than 3 craft grower licenses.
3		(n) It is unlawful for any person having a craft grower
4		license or any officer, associate, member, representative, or
5		agent of the licensee to offer or deliver money, or anything
6		else of value, directly or indirectly, to any person having an
7		Early Approval Adult Use Dispensing Organization License, a
8		Conditional Adult Use Dispensing Organization License, an
9		Adult Use Dispensing Organization License, or a medical
10		cannabis dispensing organization license issued under the
11		Compassionate Use of Medical Cannabis Program Act, or to any
12		person connected with or in any way representing, or to any
13		member of the family of, the person holding an Early Approval
14		Adult Use Dispensing Organization License, a Conditional Adult
15		Use Dispensing Organization License, an Adult Use Dispensing
16		Organization License, or a medical cannabis dispensing
17		organization license issued under the Compassionate Use of
18		Medical Cannabis Program Act, or to any stockholders in any
19		corporation engaged in the retail sale of cannabis, or to any
20		officer, manager, agent, or representative of the Early
21		Approval Adult Use Dispensing Organization License, a
22		Conditional Adult Use Dispensing Organization License, an
23		Adult Use Dispensing Organization License, or a medical
24		cannabis dispensing organization license issued under the
25		Compassionate Use of Medical Cannabis Program Act to obtain
26		preferential placement within the dispensing organization,

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1		including, without limitation, on shelves and in display cases
2		where purchasers can view products, or on the dispensing
3		organization's website.
4		(o) A craft grower shall not be located within 1,500 feet
5		of another craft grower or a cultivation center.
6		(p) A craft grower may process cannabis, cannabis
7		concentrates, and cannabis-infused products.
8		(q) A craft grower must comply with any other requirements
9		or prohibitions set by administrative rule of the Department
10		of Agriculture.
11		(r) Craft growers shall retain at least 60 days of camera
12		storage in any location or otherwise provided by rule. The
13		Department may require footage to be maintained for purposes
14		of an investigation.
15		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
16		102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
17		5-13-22.)
18		(410 ILCS 705/30-35)
19		Sec. 30-35. Craft grower agent identification card.
20		(a) The Department of Agriculture shall:
21		(1) establish by rule the information required in an
22		initial application or renewal application for an agent
23		identification card submitted under this Act and the
24		nonrefundable fee to accompany the initial application or
25		renewal application;

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1		(2) verify the information contained in an initial
2		application or renewal application for an agent
3		identification card submitted under this Act and approve
4		or deny an application within 30 days of receiving a
5		completed initial application or renewal application and
6		all supporting documentation required by rule;
7		(3) issue an agent identification card to a qualifying
8		agent within 15 business days of approving the initial
9		application or renewal application;
10		(4) enter the license number of the craft grower where
11		the agent works; and
12		(5) allow for an electronic initial application and
13		renewal application process, and provide a confirmation by
14		electronic or other methods that an application has been
15		submitted. The Department of Agriculture may by rule
16		require prospective agents to file their applications by
17		electronic means and provide notices to the agents by
18		electronic means.
19		(b) An agent must keep his or her identification card
20		visible at all times when on the property of a cannabis
21		business establishment, including the craft grower
22		organization for which he or she is an agent.
23		(c) The agent identification cards shall contain the
24		following:
25		(1) the name of the cardholder;
26		(2) the date of issuance and expiration date of the

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1		identification card;
2		(3) a random 10-digit alphanumeric identification
3		number containing at least 4 numbers and at least 4
4		letters that is unique to the holder;
5		(4) a photograph of the cardholder; and
6		(5) the legal name of the craft grower organization
7		employing the agent.
8		(d) An agent identification card shall be immediately
9		returned to the cannabis business establishment of the agent
10		upon termination of his or her employment.
11		(e) Any agent identification card lost by a craft grower
12		agent shall be reported to the Illinois State Police and the
13		Department of Agriculture immediately upon discovery of the
14		loss.
15		(f) The Department of Agriculture shall not issue an agent
16		identification card if the applicant is delinquent in filing
17		any required tax returns or paying any amounts owed to the
18		State of Illinois.
19		(f-5) An agent applicant may begin employment at a craft
20		grower while the agent applicant's identification card
21		application is pending. Upon approval, the Department shall
22		issue the agent's identification card to the agent. If denied,
23		the craft grower and the agent applicant shall be notified and
24		the agent applicant must cease all activity at the infuser
25		organization immediately.
26		(g) The Department and the Department of Financial and

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1		Professional Regulation may develop and implement an
2		integrated system to issue an agent identification card that
3		identifies a craft grower agent licensed by the Department as
4		well as any cultivator, dispensary, transporter, community
5		college program, or infuser license or registration the agent
6		may simultaneously hold.
7		(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21.)
8		(410 ILCS 705/30-45)
9		Sec. 30-45. Renewal of craft grower licenses and agent
10		identification cards.
11		(a) Licenses and identification cards issued under this
12		Act shall be renewed annually. A craft grower shall receive
13		written or electronic notice 90 days before the expiration of
14		its current license that the license will expire. The
15		Department of Agriculture shall grant a renewal within 45 days
16		of submission of a renewal application if:
17		(1) the craft grower submits a renewal application and
18		the required nonrefundable renewal fee of $40,000, or
19		another amount as the Department of Agriculture may set by
20		rule after January 1, 2021;
21		(2) the Department of Agriculture has not suspended
22		the license of the craft grower or suspended or revoked
23		the license for violating this Act or rules adopted under
24		this Act;
25		(3) the craft grower has continued to operate in

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1		accordance with all plans submitted as part of its
2		application and approved by the Department of Agriculture
3		or any amendments thereto that have been approved by the
4		Department of Agriculture;
5		(4) the craft grower has submitted an agent, employee,
6		contracting, and subcontracting diversity report as
7		required by the Department; and
8		(5) the craft grower has submitted an environmental
9		impact report.
10		(b) If a craft grower fails to renew its license before
11		expiration, it shall cease operations until its license is
12		renewed.
13		(c) If a craft grower agent fails to renew his or her
14		identification card before its expiration, he or she shall
15		cease to work as an agent of the craft grower organization
16		until his or her identification card is renewed.
17		(d) Any craft grower that continues to operate, or any
18		craft grower agent who continues to work as an agent, after the
19		applicable license or identification card has expired without
20		renewal is subject to the penalties provided under Section
21		45-5.
22		(e) All fees or fines collected from the renewal of a craft
23		grower license shall be deposited into the Cannabis Regulation
24		Fund.
25		(f) The Department of Agriculture shall not renew a
26		license or an agent identification card if the applicant is

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1		delinquent in filing any required tax returns or paying any
2		amounts owed to the State of Illinois.
3		(Source: P.A. 101-27, eff. 6-25-19.)
4		(410 ILCS 705/35-18 new)
5		Sec. 35-18. Social equity experience lottery.
6		(a) The Department shall, by rule, develop an application,
7		submission, review, and deficiency process to issue at least
8		45 infuser licenses by January 1, 2027 and may issue up to 100
9		additional licenses beginning January 1, 2028. The licenses
10		shall be issued to applicants that are 51% owned by
11		individuals who meet the following social equity criteria:
12		(1) The applicant must satisfy one of the following
13		geographic criteria:
14		(A) the individual must have resided for at least
15		5 of the preceding 10 years in a census tract that has
16		a poverty rate of at least 20% according to the latest
17		5-year American Community Survey (Table S1701: Poverty
18		Status in the Past 12 Months) that is publicly
19		available at the start of the application submission
20		window;
21		(B) the individual must have resided for at least
22		5 of the preceding 10 years in a census tract where at
23		least 20% of the households receive assistance under
24		the Supplemental Nutrition Assistance Program in the
25		latest 5-year American Community Survey (Table S2201:

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1		Food Stamps/Supplemental Nutrition Assistance Program
2		(SNAP)) that is publicly available at the start of the
3		application submission;
4		(C) the individual must have resided for at least
5		5 of the preceding 10 years in a census tract area
6		classified as "low income and low access" where at
7		least 100 households are more than one-half mile from
8		the nearest supermarket and have no access to a
9		vehicle or a significant number (at least 500 people)
10		or share (at least 33%) of the population is greater
11		than one mile from the nearest supermarket,
12		supercenter, or large grocery store for an urban area
13		or greater than 20 miles for a rural area, as
14		classified by the latest United States Department of
15		Agriculture Economic Research Service's Food Access
16		Research Atlas data set that is publicly available at
17		the start of the application submission window;
18		(D) the individual must have received Medicaid,
19		Supplemental Security Income, Social Security
20		Disability, or subsidized housing for at least 5 of
21		the preceding 10 years; or
22		(E) the individual must have resided for at least
23		5 of the preceding 10 years in a census tract in the
24		top 15th percentile for the percent of residents in
25		the census tract failing to graduate from high school
26		in that state, as classified by the latest 5-year

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1		American Community Survey (Table S1501: Educational
2		Attainment) that is publicly available at the start of
3		the application submission window.
4		The Department may update or adjust the criteria in
5		this paragraph (1) by rule.
6		(2) The individual must satisfy one of the following
7		social equity criteria:
8		(A) the individual must have been arrested for,
9		convicted of, or adjudicated delinquent for an
10		offense, or substantially similar offense under
11		federal or State law or under a substantially similar
12		law of another State for possession of not more than
13		500 grams of cannabis or for manufacture, delivery, or
14		possession with intent to deliver, or manufacture of
15		cannabis up to 60 grams;
16		(B) the individual must have been a member of a
17		justice-impacted family;
18		(C) the individual must have been a victim of an
19		injury caused by a firearm, as defined in the Firearm
20		Owners Identification Card Act, as evidenced in public
21		or medical records.
22		As used in this subparagraph (C), "victim of an
23		injury caused by a firearm" means:
24		(i) a person injured as a result of a firearm
25		injury perpetrated or attempted against them;
26		(ii) the spouse, parent, or child of a person

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1		killed or injured as a result of a firearm injury
2		perpetrated or attempted against the person, or
3		anyone living in the household of a person killed
4		or injured in a relationship that is substantially
5		similar to that of a parent, spouse, or child;
6		(iii) a person injured while attempting to
7		assist a person against whom a firearm injury is
8		being perpetrated or attempted, if that attempt of
9		assistance would be expected of a reasonable
10		person under the circumstances;
11		(iv) a person injured while assisting a law
12		enforcement official apprehend a person who has
13		perpetrated a firearm injury or prevent the
14		perpetration of any such crime if that assistance
15		was in response to the express request of the law
16		enforcement official; or
17		(v) a person who personally witnessed a
18		firearm injury.
19		"Victim of an injury caused by a firearm" does not
20		include the offender who committed the criminal act or
21		a person who provoked or incited the crime.
22		(b) The Department's rules governing the lottery shall
23		include a bonus draw process for hemp business operators who
24		meet any one or more of the following criteria:
25		(1) The applicant was registered with the Department
26		as an industrial hemp processor under the Industrial Hemp

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1		Act on or before May 1, 2026.
2		(2) The applicant held an industrial hemp cultivation
3		license issued by the Department under the Industrial Hemp
4		Act on or before May 1, 2026.
5		(3) The applicant demonstrates that, on or before May
6		1, 2026, it operated a business in Illinois that derived
7		the majority of its gross receipts from the sale or
8		manufacture of products containing hemp or hemp-derived
9		cannabinoids. The Department may establish verification
10		standards by rule.
11		(c) If the Department receives more than 45 applications,
12		the Department shall conduct a lottery before determining
13		applicant's eligibility for infuser licenses and before
14		issuing the infuser license.
15		(d) After the Department publishes the official draw
16		results, the Department shall conduct a verification process
17		to confirm that drawn applicants meet the eligibility criteria
18		established by this Section and by rule. Drawn applicants who
19		are unable to provide sufficient documentation of their
20		eligibility may be denied a license, and the Department may
21		offer the next applicant drawn from the official results an
22		opportunity to prove eligibility for licensure.
23		(e) The Department may also require, by rule, the
24		submission of additional plans and exhibits, including, but
25		not limited to, a security plan, infusing plan, employee
26		training plan, product safety plan, and business plan.

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1		(f) A principal officer may not be on more than one
2		application.
3		(g) Each applicant shall pay a nonrefundable application
4		fee of $2,500, which shall be deposited into the Cannabis
5		Regulation Fund.
6		(h) If the Department determines that any information on
7		an application or in supporting documents is not truthful, the
8		applicant associated with the application shall be prohibited
9		from:
10		(1) participating in the lottery;
11		(2) being a drawn applicant; and
12		(3) being issued an infuser license under this
13		Section.
14		(410 ILCS 705/35-25)
15		Sec. 35-25. Infuser organization requirements;
16		prohibitions.
17		(a) The operating documents of an infuser shall include
18		procedures for the oversight of the infuser, an inventory
19		monitoring system including a physical inventory recorded
20		weekly, accurate recordkeeping, and a staffing plan.
21		(b) An infuser shall implement a security plan reviewed by
22		the Illinois State Police that includes, but is not limited
23		to: facility access controls, perimeter intrusion detection
24		systems, personnel identification systems, and a 24-hour
25		surveillance system to monitor the interior and exterior of

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1		the infuser facility and that is accessible to authorized law
2		enforcement, the Department of Public Health, and the
3		Department of Agriculture in real time.
4		(c) All processing of cannabis by an infuser must take
5		place in an enclosed, locked facility at the physical address
6		provided to the Department of Agriculture during the licensing
7		process. The infuser location shall only be accessed by the
8		agents working for the infuser, the Department of Agriculture
9		staff performing inspections, the Department of Public Health
10		staff performing inspections, State and local law enforcement
11		or other emergency personnel, contractors working on jobs
12		unrelated to cannabis, such as installing or maintaining
13		security devices or performing electrical wiring, transporting
14		organization agents as provided in this Act, participants in
15		the incubator program, individuals in a mentoring or
16		educational program approved by the State, local safety or
17		health inspectors, or other individuals as provided by rule.
18		However, if an infuser shares a premises with a craft grower or
19		dispensing organization, agents from these other licensees may
20		access the infuser portion of the premises if that is the
21		location of common bathrooms, lunchrooms, locker rooms, or
22		other areas of the building where processing of cannabis is
23		not performed. At no time may a craft grower or dispensing
24		organization agent perform work at an infuser without being a
25		registered agent of the infuser.
26		(d) An infuser may not sell or distribute any cannabis to

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1		any person other than a dispensing organization, or as
2		otherwise authorized by rule.
3		(e) An infuser may not either directly or indirectly
4		discriminate in price between different cannabis business
5		establishments that are purchasing a like grade, strain,
6		brand, and quality of cannabis or cannabis-infused product.
7		Nothing in this subsection (e) prevents an infuser from
8		pricing cannabis differently based on differences in the cost
9		of manufacturing or processing, the quantities sold, such
10		volume discounts, or the way the products are delivered.
11		(f) All cannabis infused by an infuser and intended for
12		distribution to a dispensing organization must be entered into
13		a data collection system, packaged and labeled under Section
14		55-21, and, if distribution is to a dispensing organization
15		that does not share a premises with the infuser, placed into a
16		cannabis container for transport. All cannabis produced by an
17		infuser and intended for distribution to a cultivation center,
18		infuser organization, or craft grower with which it does not
19		share a premises, must be packaged in a labeled cannabis
20		container and entered into a data collection system before
21		transport.
22		(g) Infusers are subject to random inspections by the
23		Department of Agriculture, the Department of Public Health,
24		the Illinois State Police, local law enforcement, or as
25		provided by rule.
26		(h) An infuser agent shall notify local law enforcement,

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1		the Illinois State Police, and the Department of Agriculture
2		within 24 hours of the discovery of any loss or theft.
3		Notification shall be made by phone, in person, or by written
4		or electronic communication.
5		(i) An infuser organization may not be located in an area
6		zoned for residential use.
7		(j) An infuser or infuser agent shall not transport
8		cannabis or cannabis-infused products to any other cannabis
9		business establishment without a transport organization
10		license unless:
11		(i) If the infuser is located in a county with a
12		population of 3,000,000 or more, the cannabis business
13		establishment receiving the cannabis or cannabis-infused
14		product is within 2,000 feet of the property line of the
15		infuser;
16		(ii) If the infuser is located in a county with a
17		population of more than 700,000 but fewer than 3,000,000,
18		the cannabis business establishment receiving the cannabis
19		or cannabis-infused product is within 2 miles of the
20		infuser; or
21		(iii) If the infuser is located in a county with a
22		population of fewer than 700,000, the cannabis business
23		establishment receiving the cannabis or cannabis-infused
24		product is within 15 miles of the infuser.
25		(k) An infuser may enter into a contract with a
26		transporting organization to transport cannabis to a

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1		dispensing organization or a laboratory.
2		(l) An infuser organization may share premises with a
3		craft grower or a dispensing organization, or both, provided
4		each licensee stores currency and cannabis or cannabis-infused
5		products in a separate secured vault to which the other
6		licensee does not have access or all licensees sharing a vault
7		share more than 50% of the same ownership.
8		(m) It is unlawful for any person or entity having an
9		infuser organization license or any officer, associate,
10		member, representative or agent of such licensee to offer or
11		deliver money, or anything else of value, directly or
12		indirectly to any person having an Early Approval Adult Use
13		Dispensing Organization License, a Conditional Adult Use
14		Dispensing Organization License, an Adult Use Dispensing
15		Organization License, or a medical cannabis dispensing
16		organization license issued under the Compassionate Use of
17		Medical Cannabis Program Act, or to any person connected with
18		or in any way representing, or to any member of the family of,
19		such person holding an Early Approval Adult Use Dispensing
20		Organization License, a Conditional Adult Use Dispensing
21		Organization License, an Adult Use Dispensing Organization
22		License, or a medical cannabis dispensing organization license
23		issued under the Compassionate Use of Medical Cannabis Program
24		Act, or to any stockholders in any corporation engaged in the
25		retail sales of cannabis, or to any officer, manager, agent,
26		or representative of the Early Approval Adult Use Dispensing

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1		Organization License, a Conditional Adult Use Dispensing
2		Organization License, an Adult Use Dispensing Organization
3		License, or a medical cannabis dispensing organization license
4		issued under the Compassionate Use of Medical Cannabis Program
5		Act to obtain preferential placement within the dispensing
6		organization, including, without limitation, on shelves and in
7		display cases where purchasers can view products, or on the
8		dispensing organization's website.
9		(n) At no time shall an infuser organization or an infuser
10		agent perform the extraction of cannabis concentrate from
11		cannabis flower, except if the infuser organization has also
12		been issued a processor license under subsection (f) of
13		Section 35-31.
14		(o) Infusing organizations shall retain at least 60 days
15		of camera storage in any location or otherwise provided by
16		rule. The Department may require footage to be maintained for
17		purposes of an investigation.
18		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
19		102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
20		5-13-22.)
21		(410 ILCS 705/35-30)
22		Sec. 35-30. Infuser agent identification card.
23		(a) The Department of Agriculture shall:
24		(1) establish by rule the information required in an
25		initial application or renewal application for an agent

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1		identification card submitted under this Act and the
2		nonrefundable fee to accompany the initial application or
3		renewal application;
4		(2) verify the information contained in an initial
5		application or renewal application for an agent
6		identification card submitted under this Act, and approve
7		or deny an application within 30 days of receiving a
8		completed initial application or renewal application and
9		all supporting documentation required by rule;
10		(3) issue an agent identification card to a qualifying
11		agent within 15 business days of approving the initial
12		application or renewal application;
13		(4) enter the license number of the infuser where the
14		agent works; and
15		(5) allow for an electronic initial application and
16		renewal application process, and provide a confirmation by
17		electronic or other methods that an application has been
18		submitted. The Department of Agriculture may by rule
19		require prospective agents to file their applications by
20		electronic means and provide notices to the agents by
21		electronic means.
22		(b) An agent must keep his or her identification card
23		visible at all times when on the property of a cannabis
24		business establishment including the cannabis business
25		establishment for which he or she is an agent.
26		(c) The agent identification cards shall contain the

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1		following:
2		(1) the name of the cardholder;
3		(2) the date of issuance and expiration date of the
4		identification card;
5		(3) a random 10-digit alphanumeric identification
6		number containing at least 4 numbers and at least 4
7		letters that is unique to the holder;
8		(4) a photograph of the cardholder; and
9		(5) the legal name of the infuser organization
10		employing the agent.
11		(d) An agent identification card shall be immediately
12		returned to the infuser organization of the agent upon
13		termination of his or her employment.
14		(e) Any agent identification card lost by an infuser a
15		transporting agent shall be reported to the Illinois State
16		Police and the Department of Agriculture immediately upon
17		discovery of the loss.
18		(f) An agent applicant may begin employment at an infuser
19		organization while the agent applicant's identification card
20		application is pending. Upon approval, the Department shall
21		issue the agent's identification card to the agent. If denied,
22		the infuser organization and the agent applicant shall be
23		notified and the agent applicant must cease all activity at
24		the infuser organization immediately.
25		(g) The Department of Agriculture shall not issue an agent
26		identification card if the applicant is delinquent in filing

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1		any required tax returns or paying any amounts owed to the
2		State of Illinois.
3		(h) The Department and the Department of Financial and
4		Professional Regulation may develop and implement an
5		integrated system to issue an agent identification card that
6		identifies an infuser agent licensed by the Department as well
7		as any cultivation center, craft grower, dispensary,
8		transporter, or community college program license or
9		registration the agent may simultaneously hold.
10		(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21;
11		102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
12		(410 ILCS 705/35-40)
13		Sec. 35-40. Renewal of infuser organization licenses and
14		agent identification cards.
15		(a) Licenses and identification cards issued under this
16		Act shall be renewed annually. An infuser organization shall
17		receive written or electronic notice 90 days before the
18		expiration of its current license that the license will
19		expire. The Department of Agriculture shall grant a renewal
20		within 45 days of submission of a renewal application if:
21		(1) the infuser organization submits a renewal
22		application and the required nonrefundable renewal fee of
23		$20,000, or, after January 1, 2021, another amount set by
24		rule by the Department of Agriculture, to be deposited
25		into the Cannabis Regulation Fund;

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1		(2) the Department of Agriculture has not suspended or
2		revoked the license of the infuser organization for
3		violating this Act or rules adopted under this Act;
4		(3) the infuser organization has continued to operate
5		in accordance with all plans submitted as part of its
6		application and approved by the Department of Agriculture
7		or any amendments thereto that have been approved by the
8		Department of Agriculture;
9		(4) The infuser has submitted an agent, employee,
10		contracting, and subcontracting diversity report as
11		required by the Department; and
12		(5) The infuser has submitted an environmental impact
13		report.
14		(b) If an infuser organization fails to renew its license
15		before expiration, it shall cease operations until its license
16		is renewed.
17		(c) If an infuser organization agent fails to renew his or
18		her identification card before its expiration, he or she shall
19		cease to work as an agent of the infuser organization until his
20		or her identification card is renewed.
21		(d) Any infuser organization that continues to operate, or
22		any infuser organization agent who continues to work as an
23		agent, after the applicable license or identification card has
24		expired without renewal is subject to the penalties provided
25		under Section 35-25.
26		(e) The Department shall not renew a license or an agent

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1		identification card if the applicant is delinquent in filing
2		any required tax returns or paying any amounts owed to the
3		State of Illinois.
4		(Source: P.A. 101-27, eff. 6-25-19.)
5		(410 ILCS 705/40-5)
6		Sec. 40-5. Issuance of licenses.
7		(a) The Department shall issue transporting licenses
8		through a process provided for in this Article no later than
9		July 1, 2020.
10		(b) The Department shall make the application for
11		transporting organization licenses available on January 7,
12		2020 and shall receive such applications no later than March
13		15, 2020.
14		(c) Entities awarded a license under this Article shall
15		not be required to pay any fee required under Section 40-10 of
16		this Article, the nonrefundable renewal fee required under
17		Section 40-40 of this Article, or any other license fee
18		required under this Article or by rule from January 1, 2024 to
19		January 1, 2028 2027.
20		(d) From January 1, 2023 through January 1, 2028 2027, the
21		Department shall not make the application available for
22		transporting organization licenses.
23		(e) Upon completion of the disparity and availability
24		study published by the Illinois Cannabis Regulation Oversight
25		Officer under subsection (e) of Section 5-45, the Department

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1		may modify or change the licensing application process to
2		reduce or eliminate barriers and remedy discrimination
3		identified in the study. Beginning January 1, 2028 2027, the
4		Department of Agriculture shall make the applications
5		available on every January 7 thereafter or, if that date falls
6		on a weekend or holiday, the business day immediately
7		succeeding the weekend or holiday and shall receive the
8		applications no later than March 15 or the succeeding business
9		day thereafter.
10		(Source: P.A. 103-578, eff. 12-8-23.)
11		(410 ILCS 705/40-25)
12		Sec. 40-25. Transporting organization requirements;
13		prohibitions.
14		(a) The operating documents of a transporting organization
15		shall include procedures for the oversight of the transporter,
16		an inventory monitoring system including a physical inventory
17		recorded weekly, accurate recordkeeping, and a staffing plan.
18		(b) A transporting organization may not transport cannabis
19		or cannabis-infused products to any person other than a
20		cultivation center, a craft grower, an infuser organization, a
21		dispensing organization, a testing facility, transfer site,
22		storage site, or as otherwise authorized by rule.
23		(c) All cannabis transported by a transporting
24		organization must be entered into a data collection system and
25		placed into a cannabis container for transport.

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1		(d) Transporters are subject to random inspections by the
2		Department of Agriculture, the Department of Public Health,
3		the Illinois State Police, or as provided by rule.
4		(e) A transporting organization agent shall notify local
5		law enforcement, the Illinois State Police, and the Department
6		of Agriculture within 24 hours of the discovery of any loss or
7		theft. Notification shall be made by phone, in person, or by
8		written or electronic communication.
9		(f) No person under the age of 21 years shall be in a
10		commercial vehicle or trailer transporting cannabis goods.
11		(g) No person or individual who is not a transporting
12		organization agent shall be in a vehicle while transporting
13		cannabis goods.
14		(h) Transporters may not use commercial motor vehicles
15		with a weight rating of over 10,001 pounds.
16		(i) It is unlawful for any person to offer or deliver
17		money, or anything else of value, directly or indirectly, to
18		any of the following persons to obtain preferential placement
19		within the dispensing organization, including, without
20		limitation, on shelves and in display cases where purchasers
21		can view products, or on the dispensing organization's
22		website:
23		(1) a person having a transporting organization
24		license, or any officer, associate, member,
25		representative, or agent of the licensee;
26		(2) a person having an Early Applicant Adult Use

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1		Dispensing Organization License, an Adult Use Dispensing
2		Organization License, or a medical cannabis dispensing
3		organization license issued under the Compassionate Use of
4		Medical Cannabis Program Act;
5		(3) a person connected with or in any way
6		representing, or a member of the family of, a person
7		holding an Early Applicant Adult Use Dispensing
8		Organization License, an Adult Use Dispensing Organization
9		License, or a medical cannabis dispensing organization
10		license issued under the Compassionate Use of Medical
11		Cannabis Program Act; or
12		(4) a stockholder, officer, manager, agent, or
13		representative of a corporation engaged in the retail sale
14		of cannabis, an Early Applicant Adult Use Dispensing
15		Organization License, an Adult Use Dispensing Organization
16		License, or a medical cannabis dispensing organization
17		license issued under the Compassionate Use of Medical
18		Cannabis Program Act.
19		(j) A transporting organization agent must keep his or her
20		identification card visible at all times when on the property
21		of a cannabis business establishment and during the
22		transporting of cannabis when acting under his or her duties
23		as a transportation organization agent. During these times,
24		the transporting organization agent must also provide the
25		identification card upon request of any law enforcement
26		officer engaged in his or her official duties.

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1		(k) A copy of the transporting organization's registration
2		and a manifest for the delivery shall be present in any vehicle
3		transporting cannabis.
4		(l) Cannabis shall be transported so it is not visible or
5		recognizable from outside the vehicle.
6		(m) A vehicle transporting cannabis must not bear any
7		markings to indicate the vehicle contains cannabis or bear the
8		name or logo of the cannabis business establishment.
9		(n) Cannabis must be transported in an enclosed, locked
10		storage compartment that is secured or affixed to the vehicle.
11		(o) The Department of Agriculture may, by rule, impose any
12		other requirements or prohibitions on the transportation of
13		cannabis.
14		(p) A transporting organization may begin a delivery to a
15		cannabis business establishment at any time during the day. A
16		transporting organization may not be restricted from beginning
17		a delivery based on a cannabis business establishment's listed
18		business hours.
19		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
20		102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
21		5-13-22.)
22		(410 ILCS 705/40-50 new)
23		Sec. 40-50. Cannabis transporter storage site.
24		(a) The Department of Agriculture shall establish a
25		cannabis transporter storage site program for licensed

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1		cannabis transporters that are not affiliated with a
2		cultivation center, craft grower, or infuser. An eligible
3		transporter may submit an application for modification to
4		operate a cannabis transporter storage site. The Department
5		shall review and approve the plans for a cannabis transporter
6		storage site. Transporters shall not conduct operations at a
7		cannabis transporter storage site until approved by the
8		Department.
9		(b) A cannabis transporter storage site shall be used
10		solely for:
11		(1) temporary storage of packaged, final form cannabis
12		or cannabis-infused products for a period not to exceed 7
13		calendar days;
14		(2) consolidation or aggregation of cannabis or
15		cannabis-infused products from multiple licensed
16		cultivation centers, craft growers, infusers, or
17		transporters into compliant outbound shipments; and
18		(3) secure handling of cannabis or cannabis-infused
19		products rejected by a dispensing organization or other
20		licensee, pending lawful return, redistribution, or other
21		disposition as authorized by rule.
22		(c) All cannabis or cannabis-infused products received,
23		stored, or dispatched at a cannabis transporter storage site
24		shall remain subject to full seed-to-sale tracking
25		requirements and shall be logged in the State's cannabis
26		tracking system at receipt and dispatch.

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1		(d) A cannabis transporter storage site does not authorize
2		retail sales, processing, repackaging, relabeling, or
3		alteration of cannabis or cannabis-infused products.
4		(e) A transporter may operate up to 5 cannabis transporter
5		storage sites statewide.
6		(f) A cannabis transporter storage site shall be limited
7		to transporting organizations that do not have a principal
8		officer that is also a principal officer of a cultivation
9		center, craft grower, or infuser.
10		(g) A transporter operating a cannabis transporter storage
11		site may allow other transporters that are not affiliated with
12		a cultivation center, craft grower or infuser and that do not
13		operate their own cannabis transporter storage site to utilize
14		the storage site and store product, subject to approval by the
15		Department via an application for alteration. The transporter
16		operating the storage site may charge a reasonable fee to
17		recover associated costs.
18		(h) A cannabis transporter storage site facility shall:
19		(1) be fully enclosed from the outdoors, with locks or
20		other security devices that permit access only by
21		authorized individuals;
22		(2) be large enough to allow for 2 of the largest
23		vehicles used by the transporter to have all doors and
24		trunk or hatch open, sufficient room for an individual to
25		walk around each vehicle without encumbrance, and transfer
26		to take place out of ordinary public view;

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1		(3) be separate from any other cannabis business
2		establishment; and
3		(4) be equipped with a surveillance system which
4		visually records and monitors all building entrances and
5		exits, all parking lot areas, and rear alley areas
6		immediately adjacent to the building, and covers the
7		entire inside of the facility.
8		(i) All cannabis and cannabis products shall be stored in
9		a vault that meets the standards of 68 Ill. Adm. Code
10		1291.300(g) or as otherwise set by rule by the Department.
11		(j) The Department may adopt rules regarding facility
12		specifications and operations of cannabis transporter storage
13		sites.
14		(410 ILCS 705/45-5)
15		Sec. 45-5. License suspension; revocation; other
16		penalties.
17		(a) Notwithstanding any other criminal penalties related
18		to the unlawful possession of cannabis, the Department of
19		Financial and Professional Regulation and the Department of
20		Agriculture may revoke, suspend, place on probation,
21		reprimand, issue cease and desist orders, refuse to issue or
22		renew a license, or take any other disciplinary or
23		nondisciplinary action as each department may deem proper with
24		regard to a cannabis business establishment or cannabis
25		business establishment agent, including fines not to exceed:

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1		(1) $50,000 for each violation of this Act or rules
2		adopted under this Act by a cultivation center or
3		cultivation center agent;
4		(2) $20,000 for each violation of this Act or rules
5		adopted under this Act by a dispensing organization or
6		dispensing organization agent;
7		(3) $15,000 for each violation of this Act or rules
8		adopted under this Act by a craft grower or craft grower
9		agent;
10		(4) $10,000 for each violation of this Act or rules
11		adopted under this Act by an infuser organization or
12		infuser organization agent; and
13		(5) $10,000 for each violation of this Act or rules
14		adopted under this Act by a transporting organization or
15		transporting organization agent; and .
16		(6) $15,000 for each violation of this Act or rules
17		adopted under this Act by a cannabis testing facility.
18		(b) The Department of Financial and Professional
19		Regulation and the Department of Agriculture, as the case may
20		be, shall consider licensee cooperation in any agency or other
21		investigation in its determination of penalties imposed under
22		this Section.
23		(c) The procedures for disciplining a cannabis business
24		establishment or cannabis business establishment agent and for
25		administrative hearings shall be determined by rule, and shall
26		provide for the review of final decisions under the

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1		Administrative Review Law.
2		(d) The Attorney General may also enforce a violation of
3		Section 55-20, Section 55-21, and Section 15-155 as an
4		unlawful practice under the Consumer Fraud and Deceptive
5		Business Practices Act.
6		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
7		(410 ILCS 705/50-5)
8		Sec. 50-5. Laboratory testing.
9		(a) Notwithstanding any other provision of law, the
10		following acts, when performed by a cannabis testing facility
11		with a current, valid license registration, or a person 21
12		years of age or older who is acting in his or her capacity as
13		an owner, employee, or agent of a cannabis testing facility,
14		are not unlawful and shall not be an offense under Illinois law
15		or be a basis for seizure or forfeiture of assets under
16		Illinois law:
17		(1) possessing, repackaging, transporting, storing, or
18		displaying cannabis or cannabis-infused products;
19		(2) receiving or transporting cannabis or
20		cannabis-infused products from a cannabis business
21		establishment, a community college licensed under the
22		Community College Cannabis Vocational Training Pilot
23		Program, or a person 21 years of age or older; and
24		(3) returning or transporting cannabis or
25		cannabis-infused products to a cannabis business

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1		establishment, a community college licensed under the
2		Community College Cannabis Vocational Training Pilot
3		Program, or a person 21 years of age or older.
4		(b)(1) No laboratory shall handle, test, or analyze
5		cannabis unless approved by the Department of Agriculture in
6		accordance with this Section.
7		(2) No laboratory shall be approved to handle, test, or
8		analyze cannabis unless the laboratory:
9		(A) is licensed by the Department of Agriculture;
10		(A-5) is accredited by a private laboratory
11		accrediting organization;
12		(B) is independent from all other persons involved in
13		the cannabis industry in Illinois and no person with a
14		direct or indirect interest in the laboratory has a direct
15		or indirect financial, management, or other interest in an
16		Illinois cultivation center, craft grower, dispensary,
17		infuser, transporter, certifying physician, or any other
18		entity in the State that may benefit from the production,
19		manufacture, dispensing, sale, purchase, or use of
20		cannabis; and
21		(C) has employed at least one person to oversee and be
22		responsible for the laboratory testing who has earned,
23		from a college or university accredited by a national or
24		regional certifying authority, at least:
25		(i) a master's level degree in chemical or
26		biological sciences and a minimum of 2 years'

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1		post-degree laboratory experience; or
2		(ii) a bachelor's degree in chemical or biological
3		sciences and a minimum of 4 years' post-degree
4		laboratory experience.
5		(3) Each independent testing laboratory that claims to be
6		accredited must provide the Department of Agriculture with a
7		copy of the most recent annual inspection report granting
8		accreditation and every annual report thereafter.
9		(c) Immediately before manufacturing or natural processing
10		of any cannabis or cannabis-infused product or packaging
11		cannabis for sale to a dispensary, each batch shall be made
12		available by the cultivation center, craft grower, or infuser
13		for an employee of an approved laboratory to select a random
14		sample, which shall be tested by the approved laboratory for:
15		(1) microbiological contaminants;
16		(2) mycotoxins;
17		(3) pesticide active ingredients;
18		(4) residual solvent; and
19		(5) an active ingredient analysis.
20		(d) The Department of Agriculture may select a random
21		sample that shall, for the purposes of conducting an active
22		ingredient analysis, be tested by the Department of
23		Agriculture for verification of label information and any
24		other testing deemed necessary by the Department.
25		(e) A laboratory shall immediately return or dispose of
26		any cannabis upon the completion of any testing, use, or

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1		research. If cannabis is disposed of, it shall be done in
2		compliance with Department of Agriculture rule.
3		(f) If a sample of cannabis does not pass the
4		microbiological, mycotoxin, pesticide chemical residue, or
5		solvent residue test, based on the standards established by
6		the Department of Agriculture, the following shall apply:
7		(1) If the sample failed the pesticide chemical
8		residue test, the entire batch from which the sample was
9		taken shall, if applicable, be recalled as provided by
10		rule.
11		(2) If the sample failed any other test, the batch may
12		be used to make a CO2-based or solvent based extract. After
13		processing, the CO2-based or solvent based extract must
14		still pass all required tests.
15		(g) The Department of Agriculture shall establish, and,
16		from time to time, revise, standards for microbial, mycotoxin,
17		pesticide residue, solvent residue, or other standards for the
18		presence of possible contaminants, in addition to labeling
19		requirements for contents and potency.
20		(h) The laboratory shall file with the Department of
21		Agriculture an electronic copy of each laboratory test result
22		for any batch that does not pass the microbiological,
23		mycotoxin, or pesticide chemical residue test, at the same
24		time that it transmits those results to the cultivation
25		center. In addition, the laboratory shall maintain the
26		laboratory test results for at least 5 years and make them

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1		available at the Department of Agriculture's request.
2		(i) A cultivation center, craft grower, and infuser shall
3		provide to a dispensing organization the laboratory test
4		results for each batch of cannabis product purchased by the
5		dispensing organization, if sampled. Each dispensing
6		organization must have those laboratory results available upon
7		request to purchasers.
8		(j) The Department of Agriculture may adopt rules related
9		to testing and licensing of laboratories in furtherance of
10		this Act.
11		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
12		(410 ILCS 705/55-5)
13		Sec. 55-5. Preparation of cannabis-infused products.
14		(a) The Department of Agriculture may regulate the
15		production of cannabis-infused products by a cultivation
16		center, a craft grower, an infuser organization, or a
17		dispensing organization and establish rules related to
18		refrigeration, hot-holding, and handling of cannabis-infused
19		products. All cannabis-infused products shall meet the
20		packaging and labeling requirements contained in Section
21		55-21.
22		(b) Cannabis-infused products for sale or distribution at
23		a dispensing organization must be prepared by an approved
24		agent of a cultivation center, craft grower, or infuser
25		organization.

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1		(c) A cultivation center, craft grower, or infuser
2		organization that prepares cannabis-infused products for sale
3		or distribution by a dispensing organization shall be under
4		the operational supervision of a Department of Public Health
5		certified food service sanitation manager.
6		(d) Dispensing organizations may not manufacture, process,
7		or produce cannabis-infused products.
8		(e) The Department of Public Health shall adopt and
9		enforce rules for the manufacture and processing of
10		cannabis-infused products, and for that purpose it may at all
11		times enter every building, room, basement, enclosure, or
12		premises occupied or used, or suspected of being occupied or
13		used, for the production, preparation, manufacture for sale,
14		storage, sale, processing, distribution, or transportation of
15		cannabis-infused products, and to inspect the premises
16		together with all utensils, fixtures, furniture, and machinery
17		used for the preparation of these products.
18		(f) The Department of Agriculture shall by rule establish
19		a maximum level of THC that may be contained in each serving of
20		cannabis-infused product, and within the product package.
21		(g) If a local public health agency has a reasonable
22		belief that a cannabis-infused product poses a public health
23		hazard, it may refer the cultivation center, craft grower, or
24		infuser that manufactured or processed the cannabis-infused
25		product to the Department of Public Health. If the Department
26		of Public Health finds that a cannabis-infused product poses a

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1		health hazard, it may bring an action for immediate injunctive
2		relief to require that action be taken as the court may deem
3		necessary to meet the hazard of the cultivation facility or
4		seek other relief as provided by rule.
5		(Source: P.A. 101-27, eff. 6-25-19.)
6		(410 ILCS 705/55-21)
7		Sec. 55-21. Cannabis product packaging and labeling.
8		(a) Each cannabis product produced for sale shall be
9		registered with the Department of Agriculture on forms
10		provided by the Department of Agriculture. Each product
11		registration shall include a label and the required
12		registration fee at the rate established by the Department of
13		Agriculture for a comparable medical cannabis product, or as
14		established by rule. The registration fee is for the name of
15		the product offered for sale and one fee shall be sufficient
16		for all package sizes.
17		(b) All harvested cannabis intended for distribution to a
18		cannabis enterprise must be packaged in a sealed, labeled
19		container.
20		(c) Any product containing cannabis shall be sold in a
21		sealed, odor-proof, and child-resistant cannabis container
22		consistent with current standards, including the Consumer
23		Product Safety Commission standards referenced by the Poison
24		Prevention Act unless the sale is between or among a craft
25		grower, infuser, or cultivation center.

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1		(d) All cannabis-infused products shall be individually
2		wrapped or packaged at the original point of preparation. The
3		packaging of the cannabis-infused product shall conform to the
4		labeling requirements of the Illinois Food, Drug and Cosmetic
5		Act, in addition to the other requirements set forth in this
6		Section.
7		(e) Each cannabis product shall be labeled before sale and
8		each label shall be securely affixed to the package and shall
9		state in legible English and any languages required by the
10		Department of Agriculture:
11		(1) the name and post office box of the registered
12		cultivation center or craft grower where the item was
13		manufactured;
14		(2) the common or usual name of the item and the
15		registered name of the cannabis product that was
16		registered with the Department of Agriculture under
17		subsection (a);
18		(3) a unique serial number that will match the product
19		with a cultivation center or craft grower batch and lot
20		number to facilitate any warnings or recalls the
21		Department of Agriculture, cultivation center, or craft
22		grower deems appropriate;
23		(4) the date of final testing and packaging, if
24		sampled, and the identification of the independent testing
25		laboratory;
26		(5) the date of harvest and "use by" date;

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1		(6) the quantity (in ounces or grams) of cannabis
2		contained in the product;
3		(7) a pass/fail rating based on the laboratory's
4		microbiological, mycotoxins, and pesticide and solvent
5		residue analyses, if sampled;
6		(8) content list.
7		(A) A list of the following, including the minimum
8		and maximum percentage content by weight for
9		subdivisions (e)(8)(A)(i) through (iv):
10		(i) delta-9-tetrahydrocannabinol (THC);
11		(ii) tetrahydrocannabinolic acid (THCA);
12		(iii) cannabidiol (CBD);
13		(iv) cannabidiolic acid (CBDA); and
14		(v) all other ingredients of the item,
15		including any colors, artificial flavors, and
16		preservatives, listed in descending order by
17		predominance of weight shown with common or usual
18		names.
19		(B) The acceptable tolerances for the minimum
20		percentage printed on the label for any of
21		subdivisions (e)(8)(A)(i) through (iv) shall not be
22		below 85% or above 115% of the labeled amount.
23		(f) Packaging must not contain information that:
24		(1) is false or misleading;
25		(2) promotes excessive consumption;
26		(3) depicts a person under 21 years of age consuming

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1		cannabis;
2		(4) includes the image of a cannabis leaf;
3		(5) includes any image designed or likely to appeal to
4		minors, including cartoons, toys, animals, or children, or
5		any other likeness to images, characters, or phrases that
6		are popularly used to advertise to children, or any
7		packaging or labeling that bears reasonable resemblance to
8		any product available for consumption as a commercially
9		available candy, or that promotes consumption of cannabis;
10		(6) contains any seal, flag, crest, coat of arms, or
11		other insignia likely to mislead the purchaser to believe
12		that the product has been endorsed, made, or used by the
13		State of Illinois or any of its representatives except
14		where authorized by this Act.
15		(g) Cannabis products produced by concentrating or
16		extracting ingredients from the cannabis plant shall contain
17		the following information, where applicable:
18		(1) If solvents were used to create the concentrate or
19		extract, a statement that discloses the type of extraction
20		method, including any solvents or gases used to create the
21		concentrate or extract; and
22		(2) Any other chemicals or compounds used to produce
23		or were added to the concentrate or extract.
24		(h) All cannabis products must contain warning statements
25		established for purchasers, of a size that is legible and
26		readily visible to a consumer inspecting a package, which may

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1		not be covered or obscured in any way. The Department of Public
2		Health shall define and update appropriate health warnings for
3		packages including specific labeling or warning requirements
4		for specific cannabis products.
5		(i) Unless modified by rule to strengthen or respond to
6		new evidence and science, the following warnings shall apply
7		to all cannabis products unless modified by rule: "This
8		product contains cannabis and is intended for use by adults 21
9		and over. Its use can impair cognition and may be habit
10		forming. This product should not be used by pregnant or
11		breastfeeding women. It is unlawful to sell or provide this
12		item to any individual, and it may not be transported outside
13		the State of Illinois. It is illegal to operate a motor vehicle
14		while under the influence of cannabis. Possession or use of
15		this product may carry significant legal penalties in some
16		jurisdictions and under federal law.".
17		(j) Warnings for each of the following product types must
18		be present on labels when offered for sale to a purchaser:
19		(1) Cannabis that may be smoked must contain a
20		statement that "Smoking is hazardous to your health.".
21		(2) Cannabis-infused products (other than those
22		intended for topical application) must contain a statement
23		"CAUTION: This product contains cannabis, and intoxication
24		following use may be delayed 2 or more hours. This product
25		was produced in a facility that cultivates cannabis, and
26		that may also process common food allergens.".

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1		(3) Cannabis-infused products intended for topical
2		application must contain a statement "DO NOT EAT" in bold,
3		capital letters.
4		(k) Each cannabis-infused product intended for consumption
5		must be individually packaged, must include the total
6		milligram content of THC and CBD, and may not include more than
7		a total of 100 milligrams of THC per package. A package may
8		contain multiple servings of 10 milligrams of THC, indicated
9		by scoring, wrapping, or by other indicators designating
10		individual serving sizes. The Department of Agriculture may
11		change the total amount of THC allowed for each package, or the
12		total amount of THC allowed for each serving size, by rule.
13		(l) No individual other than the purchaser may alter or
14		destroy any labeling affixed to the primary packaging of
15		cannabis or cannabis-infused products.
16		(m) For each commercial weighing and measuring device used
17		at a facility, the cultivation center or craft grower must:
18		(1) Ensure that the commercial device is licensed
19		under the Weights and Measures Act and the associated
20		administrative rules (8 Ill. Adm. Code 600);
21		(2) Maintain documentation of the licensure of the
22		commercial device; and
23		(3) Provide a copy of the license of the commercial
24		device to the Department of Agriculture for review upon
25		request.
26		(n) It is the responsibility of the Department to ensure

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1		that packaging and labeling requirements, including product
2		warnings, are enforced at all times for products provided to
3		purchasers. Product registration requirements and container
4		requirements may be modified by rule by the Department of
5		Agriculture.
6		(o) Labeling under this Section, including warning labels,
7		may be modified by rule by the Department of Agriculture.
8		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
9		102-98, eff. 7-15-21.)
10		(410 ILCS 705/55-22 new)
11		Sec. 55-22. Dispensing organization warning labels for
12		medical cannabis.
13		(a) Prior to dispensing any cannabis, cannabis
14		concentrate, or cannabis-infused products to a registered
15		qualifying patient, provisional patient, designated caregiver,
16		or an Opioid Alternative Patient Program participant, a
17		dispensing organization shall affix to the outside of the
18		product in a clear and visible manner a warning label
19		specifically targeted to medical patients.
20		(b) The warning label required under this Section shall
21		not cover or restrict in any manner the requirements under
22		Section 55-21 of this Act.
23		(c) The warning label required under this Section shall be
24		the same as or substantially similar to any language required
25		for the same or similar purpose under federal law or federal

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1		regulations.
2		(410 ILCS 705/55-30)
3		Sec. 55-30. Confidentiality.
4		(a) Information provided by the cannabis business
5		establishment licensees or applicants to the Department of
6		Agriculture, the Department of Public Health, the Department
7		of Financial and Professional Regulation, the Department of
8		Commerce and Economic Opportunity, or other agency shall be
9		limited to information necessary for the purposes of
10		administering this Act. The information is subject to the
11		provisions and limitations contained in the Freedom of
12		Information Act and may be disclosed in accordance with
13		Section 55-65.
14		(b) The following information received and records kept by
15		the Department of Agriculture, the Department of Public
16		Health, the Illinois State Police, and the Department of
17		Financial and Professional Regulation for purposes of
18		administering this Article are subject to all applicable
19		federal privacy laws, are confidential and exempt from
20		disclosure under the Freedom of Information Act, except as
21		provided in this Act, and not subject to disclosure to any
22		individual or public or private entity, except to the
23		Department of Financial and Professional Regulation, the
24		Department of Agriculture, the Department of Public Health,
25		the Department of Commerce and Economic Opportunity, the

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1		Office of the Executive Inspector General, and the Illinois
2		State Police as necessary to perform official duties under
3		this Article and to the Attorney General as necessary to
4		enforce the provisions of this Act, and except as necessary to
5		those involved in enforcing the State Officials and Employees
6		Ethics Act. The following information received and kept by the
7		Department of Financial and Professional Regulation or the
8		Department of Agriculture may be disclosed to the Department
9		of Public Health, the Department of Agriculture, the
10		Department of Commerce and Economic Opportunity, the
11		Department of Revenue, the Illinois State Police, the Office
12		of the Executive Inspector General, or the Attorney General
13		upon proper request:
14		(1) Applications and renewals, their contents, and
15		supporting information submitted by or on behalf of
16		dispensing organizations, cannabis business
17		establishments, or Community College Cannabis Vocational
18		Program licensees, in compliance with this Article,
19		including their physical addresses; however, this does not
20		preclude the release of ownership information about
21		cannabis business establishment licenses, or information
22		submitted with an application required to be disclosed
23		pursuant to subsection (f);
24		(2) Any plans, procedures, policies, or other records
25		relating to cannabis business establishment security; and
26		(3) Information otherwise exempt from disclosure by

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1		State or federal law; and .
2		(4) Information from 3 or fewer cannabis business
3		establishments about plant, packaging, transfer, and sales
4		information reported for purposes of the cannabis plant
5		monitoring system; however, this does not preclude the
6		release of such data aggregated to 4 or more businesses.
7		Illinois or national criminal history record information,
8		or the nonexistence or lack of such information, may not be
9		disclosed by the Department of Financial and Professional
10		Regulation or the Department of Agriculture, except as
11		necessary to the Attorney General to enforce this Act.
12		(c) The name and address of a dispensing organization
13		licensed under this Act shall be subject to disclosure under
14		the Freedom of Information Act. The name and cannabis business
15		establishment address of the person or entity holding each
16		cannabis business establishment license shall be subject to
17		disclosure.
18		(d) All information collected by the Department of
19		Financial and Professional Regulation or the Department of
20		Agriculture in the course of an examination, inspection, or
21		investigation of a licensee or applicant, including, but not
22		limited to, any complaint against a licensee or applicant
23		filed with the Department of Financial and Professional
24		Regulation or the Department of Agriculture and information
25		collected to investigate any such complaint, shall be
26		maintained for the confidential use of the Department of

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1		Financial and Professional Regulation or the Department of
2		Agriculture and shall not be disclosed, except to those
3		involved in enforcing the State Officials and Employees Ethics
4		Act and as otherwise provided in this Act. A formal complaint
5		against a licensee by the Department of Financial and
6		Professional Regulation or the Department of Agriculture or
7		any disciplinary order issued by the Department of Financial
8		and Professional Regulation or the Department of Agriculture
9		against a licensee or applicant shall be a public record,
10		except as otherwise provided by law. Complaints from consumers
11		or members of the general public received regarding a
12		specific, named licensee or complaints regarding conduct by
13		unlicensed entities shall be subject to disclosure under the
14		Freedom of Information Act.
15		(e) The Department of Agriculture, the Illinois State
16		Police, and the Department of Financial and Professional
17		Regulation shall not share or disclose any Illinois or
18		national criminal history record information, or the
19		nonexistence or lack of such information, to any person or
20		entity not expressly authorized by this Act.
21		(f) Each Department responsible for licensure under this
22		Act shall publish on the Department's website a list of the
23		ownership information of cannabis business establishment
24		licensees under the Department's jurisdiction. The list shall
25		include, but is not limited to: the name of the person or
26		entity holding each cannabis business establishment license;

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1		and the address at which the entity is operating under this
2		Act. This list shall be published and updated monthly.
3		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
4		102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff.
5		5-13-22.)
6		(410 ILCS 705/55-65)
7		Sec. 55-65. Financial institutions.
8		(a) A financial institution that provides financial
9		services customarily provided by financial institutions to a
10		cannabis business establishment authorized under this Act or
11		the Compassionate Use of Medical Cannabis Program Act, or to a
12		person that is affiliated with such cannabis business
13		establishment, is exempt from any criminal law of this State
14		as it relates to cannabis-related conduct authorized under
15		State law.
16		(b) Upon request of a financial institution, a cannabis
17		business establishment or proposed cannabis business
18		establishment may provide to the financial institution the
19		following information:
20		(1) Whether a cannabis business establishment with
21		which the financial institution is doing or is considering
22		doing business holds a license under this Act or the
23		Compassionate Use of Medical Cannabis Program Act;
24		(2) The name of any other business or individual
25		affiliate with the cannabis business establishment;

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1		(3) A copy of the application, and any supporting
2		documentation submitted with the application, for a
3		license or a permit submitted on behalf of the proposed
4		cannabis business establishment;
5		(4) If applicable, data relating to sales and the
6		volume of product sold by the cannabis business
7		establishment;
8		(5) Any past or pending violation by the person of
9		this Act, the Compassionate Use of Medical Cannabis
10		Program Act, or the rules adopted under these Acts where
11		applicable; and
12		(6) Any penalty imposed upon the person for violating
13		this Act, the Compassionate Use of Medical Cannabis
14		Program Act, or the rules adopted under these Acts.
15		(c) (Blank).
16		(d) (Blank).
17		(e) Information received by a financial institution under
18		this Section is confidential. Except as otherwise required or
19		permitted by this Act, State law or rule, or federal law or
20		regulation, a financial institution may not make the
21		information available to any person other than:
22		(1) the customer to whom the information applies;
23		(2) a trustee, conservator, guardian, personal
24		representative, or agent of the customer to whom the
25		information applies; a federal or State regulator when
26		requested in connection with an examination of the

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1		financial institution or if otherwise necessary for
2		complying with federal or State law;
3		(3) a federal or State regulator when requested in
4		connection with an examination of the financial
5		institution or if otherwise necessary for complying with
6		federal or State law; and
7		(4) a third party performing services for the
8		financial institution, provided the third party is
9		performing such services under a written agreement that
10		expressly or by operation of law prohibits the third
11		party's sharing and use of such confidential information
12		for any purpose other than as provided in its agreement to
13		provide services to the financial institution; and .
14		(5) the Office of the Executive Inspector General
15		pursuant to an investigation under the State Officials and
16		Employees Ethics Act.
17		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
18		(410 ILCS 705/55-85)
19		Sec. 55-85. Medical cannabis.
20		(a) Nothing in this Act shall be construed to limit any
21		privileges or rights of a qualifying medical cannabis patient
22		including minor patients, designated primary caregiver,
23		medical cannabis cultivation center, provisional patient and
24		Opioid Alternative Patient Program participant or medical
25		cannabis dispensing organization under the Compassionate Use

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1		of Medical Cannabis Program Act, and where there is conflict
2		between this Act and the Compassionate Use of Medical Cannabis
3		Program Act as they relate to medical cannabis patients, the
4		Compassionate Use of Medical Cannabis Program Act shall
5		prevail.
6		(b) Dispensary locations that obtain an Early Approval
7		Adult Use Dispensary Organization License or an Adult Use
8		Dispensary Organization License in accordance with this Act at
9		the same location as a medical cannabis dispensing
10		organization registered under the Compassionate Use of Medical
11		Cannabis Program Act shall maintain an inventory of medical
12		cannabis and medical cannabis products on a monthly basis that
13		is substantially similar in variety and quantity to the
14		products offered at the dispensary during the 6-month period
15		immediately before the effective date of this Act.
16		(c) Beginning June 30, 2020, the Department of Agriculture
17		shall make a quarterly determination whether inventory
18		requirements established for dispensaries in subsection (b)
19		should be adjusted due to changing patient need.
20		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
21		(410 ILCS 705/60-10)
22		Sec. 60-10. Tax imposed.
23		(a) Beginning September 1, 2019, a tax is imposed upon the
24		privilege of cultivating cannabis at the rate of 7% of the
25		gross receipts from the first sale of cannabis by a

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1		cultivator. The sale of any product that contains any amount
2		of cannabis or any derivative thereof is subject to the tax
3		under this Section on the full selling price of the product.
4		The Department may determine the selling price of the cannabis
5		when the seller and purchaser are affiliated persons, when the
6		sale and purchase of cannabis is not an arm's length
7		transaction, or when cannabis is transferred by a craft grower
8		to the craft grower's dispensing organization or infuser or
9		processing organization and a value is not established for the
10		cannabis. The value determined by the Department shall be
11		commensurate with the actual price received for products of
12		like quality, character, and use in the area. If there are no
13		sales of cannabis of like quality, character, and use in the
14		same area, then the Department shall establish a reasonable
15		value based on sales of products of like quality, character,
16		and use in other areas of the State, taking into consideration
17		any other relevant factors.
18		(b) The Cannabis Cultivation Privilege Tax imposed under
19		this Article is solely the responsibility of the cultivator
20		who makes the first sale and is not the responsibility of a
21		subsequent purchaser, a dispensing organization, or an
22		infuser. Persons subject to the tax imposed under this Article
23		may, however, reimburse themselves for their tax liability
24		hereunder by separately stating reimbursement for their tax
25		liability as an additional charge.
26		(c) The tax imposed under this Article shall be in

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1		addition to all other occupation, privilege, or excise taxes
2		imposed by the State of Illinois or by any unit of local
3		government.
4		(Source: P.A. 101-27, eff. 6-25-19.)
5		(410 ILCS 705/65-5)
6		Sec. 65-5. Definitions. In this Article:
7		"Adjusted delta-9-tetrahydrocannabinol level" means, for a
8		delta-9-tetrahydrocannabinol dominant product, the sum of the
9		percentage of delta-9-tetrahydrocannabinol plus .877
10		multiplied by the percentage of tetrahydrocannabinolic acid.
11		"Cannabis" has the meaning given to that term in Article 1
12		of this Act, except that it does not include cannabis that is
13		subject to tax under the Compassionate Use of Medical Cannabis
14		Program Act.
15		"Cannabis-infused product" means a beverage, food, oils,
16		ointments, tincture, topical formulation, or another product
17		containing cannabis that is not intended to be smoked.
18		"Cannabis retailer" means a dispensing organization that
19		sells cannabis for use and not for resale.
20		"Craft grower" has the meaning given to that term in
21		Article 1 of this Act.
22		"Department" means the Department of Revenue.
23		"Director" means the Director of Revenue.
24		"Dispensing organization" or "dispensary" has the meaning
25		given to that term in Article 1 of this Act.

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1		"Person" means a natural individual, firm, partnership,
2		association, joint stock company, joint adventure, public or
3		private corporation, limited liability company, or a receiver,
4		executor, trustee, guardian, or other representative appointed
5		by order of any court.
6		"Infuser organization" or "infuser" means a facility
7		operated by an organization or business that is licensed by
8		the Department of Agriculture to directly incorporate cannabis
9		or cannabis concentrate into a product formulation to produce
10		a cannabis-infused product.
11		"Purchase price" means the consideration paid for a
12		purchase of cannabis, valued in money, whether received in
13		money or otherwise, including cash, gift cards, credits, and
14		property and shall be determined without any deduction on
15		account of the cost of materials used, labor or service costs,
16		or any other expense whatsoever. However, "purchase price"
17		does not include consideration paid for:
18		(1) any charge for a payment that is not honored by a
19		financial institution;
20		(2) any finance or credit charge, penalty or charge
21		for delayed payment, or discount for prompt payment; and
22		(3) any amounts added to a purchaser's bill because of
23		charges made under the tax imposed by this Article, the
24		Municipal Cannabis Retailers' Occupation Tax Law, the
25		County Cannabis Retailers' Occupation Tax Law, the
26		Retailers' Occupation Tax Act, the Use Tax Act, the

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1		Service Occupation Tax Act, the Service Use Tax Act, or
2		any locally imposed occupation or use tax.
3		"Purchaser" means a person who acquires cannabis for a
4		valuable consideration.
5		"Qualifying patient" or "qualified patient" means a person
6		who has been diagnosed by a certifying health care
7		professional as having a debilitating medical condition as
8		defined under the Compassionate Use of Medical Cannabis
9		Program Act.
10		"Taxpayer" means a cannabis retailer who is required to
11		collect the tax imposed under this Article.
12		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
13		(410 ILCS 705/65-10)
14		Sec. 65-10. Tax imposed.
15		(a) Beginning January 1, 2020, a tax is imposed upon
16		purchasers for the privilege of using cannabis, and not for
17		the purpose of resale, at the following rates:
18		(1) Any cannabis, other than a cannabis-infused
19		product, with an adjusted delta-9-tetrahydrocannabinol
20		level at or below 35% shall be taxed at a rate of 10% of
21		the purchase price;
22		(2) Any cannabis, other than a cannabis-infused
23		product, with an adjusted delta-9-tetrahydrocannabinol
24		level above 35% shall be taxed at a rate of 25% of the
25		purchase price; and

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1		(3) A cannabis-infused product shall be taxed at a
2		rate of 20% of the purchase price.
3		(b) The purchase of any product that contains any amount
4		of cannabis or any derivative thereof is subject to the tax
5		under subsection (a) of this Section on the full purchase
6		price of the product.
7		(c) The tax imposed under this Section is not imposed on
8		cannabis that is subject to tax under the Compassionate Use of
9		Medical Cannabis Program Act. The tax imposed by this Section
10		is not imposed with respect to any transaction in interstate
11		commerce, to the extent the transaction may not, under the
12		Constitution and statutes of the United States, be made the
13		subject of taxation by this State. Beginning 90 days after the
14		effective date of this amendatory Act of the 104th General
15		Assembly, the tax imposed under this Section shall not be
16		imposed on cannabis or cannabis-infused products purchased by
17		a qualified patient, designated caregiver, Opioid Alternative
18		Patient Program participant, or provisional patient when
19		purchasing cannabis or cannabis-infused products under this
20		Act as part of that individual's adequate medical supply from
21		a Medical Cannabis Dispensing Organization licensee, as these
22		terms are defined under Section 1-10 of this Act of the 104th
23		General Assembly.
24		(d) The tax imposed under this Article shall be in
25		addition to all other occupation, privilege, or excise taxes
26		imposed by the State of Illinois or by any municipal

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1		corporation or political subdivision thereof.
2		(e) The tax imposed under this Article shall not be
3		imposed on any purchase by a purchaser if the cannabis
4		retailer is prohibited by federal or State Constitution,
5		treaty, convention, statute, or court decision from collecting
6		the tax from the purchaser.
7		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
8		(410 ILCS 705/65-30)
9		Sec. 65-30. Return and payment of tax by cannabis
10		retailer. Each cannabis retailer that is required or
11		authorized to collect the tax imposed by this Article shall
12		make a return to the Department, by electronic means, on or
13		before the 20th day of each month for the preceding calendar
14		month stating the following:
15		(1) the cannabis retailer's name;
16		(2) the address of the cannabis retailer's principal
17		place of business and the address of the principal place
18		of business (if that is a different address) from which
19		the cannabis retailer is engaged in the business of
20		selling cannabis subject to tax under this Article;
21		(3) the total purchase price received by the cannabis
22		retailer for cannabis subject to tax under this Article;
23		(4) the amount of tax due at each rate;
24		(5) the signature of the cannabis retailer; and
25		(6) any other information as the Department may

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1		reasonably require.
2		All returns required to be filed and payments required to
3		be made under this Article shall be by electronic means.
4		Cannabis retailers who demonstrate hardship in paying
5		electronically may petition the Department to waive the
6		electronic payment requirement.
7		Any amount that is required to be shown or reported on any
8		return or other document under this Article shall, if the
9		amount is not a whole-dollar amount, be increased to the
10		nearest whole-dollar amount if the fractional part of a dollar
11		is $0.50 or more and decreased to the nearest whole-dollar
12		amount if the fractional part of a dollar is less than $0.50.
13		If a total amount of less than $1 is payable, refundable, or
14		creditable, the amount shall be disregarded if it is less than
15		$0.50 and shall be increased to $1 if it is $0.50 or more.
16		The cannabis retailer making the return provided for in
17		this Section shall also pay to the Department, in accordance
18		with this Section, the amount of tax imposed by this Article,
19		less a discount of 1.75%, but not to exceed $1,000 per return
20		period, which is allowed to reimburse the cannabis retailer
21		for the expenses incurred in keeping records, collecting tax,
22		preparing and filing returns, remitting the tax, and supplying
23		data to the Department upon request. No discount may be
24		claimed by a cannabis retailer on returns not timely filed and
25		for taxes not timely remitted. No discount may be claimed by a
26		taxpayer for any return that is not filed electronically. No

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1		discount may be claimed by a taxpayer for any payment that is
2		not made electronically, unless a waiver has been granted
3		under this Section.
4		Notwithstanding any other provision of this Article
5		concerning the time within which a cannabis retailer may file
6		a return, any such cannabis retailer who ceases to engage in
7		the kind of business that makes the person responsible for
8		filing returns under this Article shall file a final return
9		under this Article with the Department within one month after
10		discontinuing the business.
11		Each cannabis retailer shall make estimated payments to
12		the Department on or before the 7th, 15th, 22nd, and last day
13		of the month during which tax liability to the Department is
14		incurred. The payments shall be in an amount not less than the
15		lower of either 22.5% of the cannabis retailer's actual tax
16		liability for the month or 25% of the cannabis retailer's
17		actual tax liability for the same calendar month of the
18		preceding year. The amount of the quarter-monthly payments
19		shall be credited against the final tax liability of the
20		cannabis retailer's return for that month. If any such
21		quarter-monthly payment is not paid at the time or in the
22		amount required by this Section, then the cannabis retailer
23		shall be liable for penalties and interest on the difference
24		between the minimum amount due as a payment and the amount of
25		the quarter-monthly payment actually and timely paid, except
26		insofar as the cannabis retailer has previously made payments

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1		for that month to the Department in excess of the minimum
2		payments previously due as provided in this Section.
3		If any payment provided for in this Section exceeds the
4		taxpayer's liabilities under this Article, as shown on an
5		original monthly return, the Department shall, if requested by
6		the taxpayer, issue to the taxpayer a credit memorandum no
7		later than 30 days after the date of payment. The credit
8		evidenced by the credit memorandum may be assigned by the
9		taxpayer to a similar taxpayer under this Article, in
10		accordance with reasonable rules to be prescribed by the
11		Department. If no such request is made, the taxpayer may
12		credit the excess payment against tax liability subsequently
13		to be remitted to the Department under this Article, in
14		accordance with reasonable rules prescribed by the Department.
15		If the Department subsequently determines that all or any part
16		of the credit taken was not actually due to the taxpayer, the
17		taxpayer's discount shall be reduced, if necessary, to reflect
18		the difference between the credit taken and that actually due,
19		and that taxpayer shall be liable for penalties and interest
20		on the difference. If a cannabis retailer fails to sign a
21		return within 30 days after the proper notice and demand for
22		signature by the Department is received by the cannabis
23		retailer, the return shall be considered valid and any amount
24		shown to be due on the return shall be deemed assessed.
25		(Source: P.A. 101-27, eff. 6-25-19.)

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1		(410 ILCS 705/65-38)
2		Sec. 65-38. Violations and penalties.
3		(a) When the amount due is under $300, any retailer of
4		cannabis who fails to file a return, willfully fails or
5		refuses to make any payment to the Department of the tax
6		imposed by this Article, or files a fraudulent return, or any
7		officer or agent of a corporation engaged in the business of
8		selling cannabis to purchasers located in this State who signs
9		a fraudulent return filed on behalf of the corporation, or any
10		accountant or other agent who knowingly enters false
11		information on the return of any taxpayer under this Article
12		is guilty of a Class 4 felony.
13		(b) When the amount due is $300 or more, any retailer of
14		cannabis who fails to file a return, willfully fails or
15		refuses to make any payment to the Department of the tax
16		imposed by this Article, files, or causes to be filed, a
17		fraudulent return, or any officer or agent of a corporation
18		engaged in the business of selling cannabis to purchasers
19		located in this State who files or causes to be filed or signs
20		or causes to be signed a fraudulent return filed on behalf of
21		the corporation, or any accountant or other agent who
22		knowingly enters false information on the return of any
23		taxpayer under this Article is guilty of a Class 3 felony.
24		(c) Any person who violates any provision of Section
25		65-20, or fails to keep books and records as required under
26		this Article, or willfully violates a rule of the Department

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1		for the administration and enforcement of this Article is
2		guilty of a Class 4 felony. A person commits a separate offense
3		on each day that he or she engages in business in violation of
4		Section 65-20 or a rule of the Department for the
5		administration and enforcement of this Article. If a person
6		fails to produce the books and records for inspection by the
7		Department upon request, a prima facie presumption shall arise
8		that the person has failed to keep books and records as
9		required under this Article. A person who is unable to rebut
10		this presumption is in violation of this Article and is
11		subject to the penalties provided in this Section.
12		(d) Any person who violates any provision of Sections
13		65-20, fails to keep books and records as required under this
14		Article, or willfully violates a rule of the Department for
15		the administration and enforcement of this Article, is guilty
16		of a business offense and may be fined up to $5,000. If a
17		person fails to produce books and records for inspection by
18		the Department upon request, a prima facie presumption shall
19		arise that the person has failed to keep books and records as
20		required under this Article. A person who is unable to rebut
21		this presumption is in violation of this Article and is
22		subject to the penalties provided in this Section. A person
23		commits a separate offense on each day that he or she engages
24		in business in violation of a rule of the Department for the
25		administration and enforcement of this Article Section 65-20.
26		(e) Any taxpayer or agent of a taxpayer who with the intent

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1		to defraud purports to make a payment due to the Department by
2		issuing or delivering a check or other order upon a real or
3		fictitious depository for the payment of money, knowing that
4		it will not be paid by the depository, is guilty of a deceptive
5		practice in violation of Section 17-1 of the Criminal Code of
6		2012.
7		(f) Any person who fails to keep books and records or fails
8		to produce books and records for inspection, as required by
9		Section 65-36, is liable to pay to the Department, for deposit
10		in the Tax Compliance and Administration Fund, a penalty of
11		$1,000 for the first failure to keep books and records or
12		failure to produce books and records for inspection, as
13		required by Section 65-36, and $3,000 for each subsequent
14		failure to keep books and records or failure to produce books
15		and records for inspection, as required by Section 65-36.
16		(g) Any person who knowingly acts as a retailer of
17		cannabis in this State without first having obtained a
18		certificate of registration to do so in compliance with
19		Section 65-20 of this Article shall be guilty of a Class 4
20		felony.
21		(h) A person commits the offense of tax evasion under this
22		Article when he or she knowingly attempts in any manner to
23		evade or defeat the tax imposed on him or her or on any other
24		person, or the payment thereof, and he or she commits an
25		affirmative act in furtherance of the evasion. As used in this
26		Section, "affirmative act in furtherance of the evasion" means

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1		an act designed in whole or in part to (i) conceal,
2		misrepresent, falsify, or manipulate any material fact or (ii)
3		tamper with or destroy documents or materials related to a
4		person's tax liability under this Article. Two or more acts of
5		sales tax evasion may be charged as a single count in any
6		indictment, information, or complaint and the amount of tax
7		deficiency may be aggregated for purposes of determining the
8		amount of tax that is attempted to be or is evaded and the
9		period between the first and last acts may be alleged as the
10		date of the offense.
11		(1) When the amount of tax, the assessment or payment
12		of which is attempted to be or is evaded is less than $500,
13		a person is guilty of a Class 4 felony.
14		(2) When the amount of tax, the assessment or payment
15		of which is attempted to be or is evaded is $500 or more
16		but less than $10,000, a person is guilty of a Class 3
17		felony.
18		(3) When the amount of tax, the assessment or payment
19		of which is attempted to be or is evaded is $10,000 or more
20		but less than $100,000, a person is guilty of a Class 2
21		felony.
22		(4) When the amount of tax, the assessment or payment
23		of which is attempted to be or is evaded is $100,000 or
24		more, a person is guilty of a Class 1 felony.
25		Any person who knowingly sells, purchases, installs,
26		transfers, possesses, uses, or accesses any automated sales

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1		suppression device, zapper, or phantom-ware in this State is
2		guilty of a Class 3 felony.
3		As used in this Section:
4		"Automated sales suppression device" or "zapper" means a
5		software program that falsifies the electronic records of an
6		electronic cash register or other point-of-sale system,
7		including, but not limited to, transaction data and
8		transaction reports. The term includes the software program,
9		any device that carries the software program, or an Internet
10		link to the software program.
11		"Phantom-ware" means a hidden programming option embedded
12		in the operating system of an electronic cash register or
13		hardwired into an electronic cash register that can be used to
14		create a second set of records or that can eliminate or
15		manipulate transaction records in an electronic cash register.
16		"Electronic cash register" means a device that keeps a
17		register or supporting documents through the use of an
18		electronic device or computer system designed to record
19		transaction data for the purpose of computing, compiling, or
20		processing retail sales transaction data in any manner.
21		"Transaction data" includes: items purchased by a
22		purchaser; the price of each item; a taxability determination
23		for each item; a segregated tax amount for each taxed item; the
24		amount of cash or credit tendered; the net amount returned to
25		the customer in change; the date and time of the purchase; the
26		name, address, and identification number of the vendor; and

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1		the receipt or invoice number of the transaction.
2		"Transaction report" means a report that documents,
3		without limitation, the sales, taxes, or fees collected, media
4		totals, and discount voids at an electronic cash register and
5		that is printed on a cash register tape at the end of a day or
6		shift, or a report that documents every action at an
7		electronic cash register and is stored electronically.
8		A prosecution for any act in violation of this Section may
9		be commenced at any time within 5 years of the commission of
10		that act.
11		(i) The Department may adopt rules to administer the
12		penalties under this Section.
13		(j) Any person whose principal place of business is in
14		this State and who is charged with a violation under this
15		Section shall be tried in the county where his or her principal
16		place of business is located unless he or she asserts a right
17		to be tried in another venue.
18		(k) Except as otherwise provided in subsection (h), a
19		prosecution for a violation described in this Section may be
20		commenced within 3 years after the commission of the act
21		constituting the violation.
22		(Source: P.A. 101-27, eff. 6-25-19.)
23		(410 ILCS 705/65-42)
24		Sec. 65-42. Seizure and forfeiture. After seizing any
25		cannabis as provided in Section 65-41, the Department must

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1		hold a hearing and determine whether (i) the retailer was
2		properly registered to sell the cannabis; (ii) the retailer
3		possessed the cannabis in violation of this Act; (iii) the
4		retailer possessed the cannabis in violation of any reasonable
5		rule or regulation adopted by the Department for the
6		enforcement of this Act; or (iv) the tax imposed by Article 60
7		had been paid on the cannabis at the time of its seizure by the
8		Department. The Department is not required to hold such a
9		hearing if a waiver and consent to forfeiture has been
10		executed by the owner of the cannabis, if the owner is known,
11		and by the person in whose possession the cannabis so taken was
12		found, if that person is known and if that person is not the
13		owner of said cannabis. The Department shall give not less
14		than 20 days' notice of the time and place of the hearing to
15		the owner of the cannabis, if the owner is known, and also to
16		the person in whose possession the cannabis was found, if that
17		person is known and if the person in possession is not the
18		owner of the cannabis. If neither the owner nor the person in
19		possession of the cannabis is known, the Department must cause
20		publication of the time and place of the hearing to be made at
21		least once in each week for 3 weeks successively in a newspaper
22		of general circulation in the county where the hearing is to be
23		held.
24		If, as the result of the hearing, the Department makes any
25		of the findings listed in items (i) through (iv) determines
26		that the retailer was not properly registered at the time the

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1		cannabis was seized, or upon receipt of a properly executed
2		waiver and consent to forfeiture as provided in this Section,
3		the Department must enter an order declaring the cannabis
4		confiscated and forfeited to the State, to be held by the
5		Department for disposal by it as provided in Section 65-43.
6		The Department must give notice of the order to the owner of
7		the cannabis, if the owner is known, and also to the person in
8		whose possession the cannabis was found, if that person is
9		known and if the person in possession is not the owner of the
10		cannabis. If neither the owner nor the person in possession of
11		the cannabis is known, the Department must cause publication
12		of the order to be made at least once in each week for 3 weeks
13		successively in a newspaper of general circulation in the
14		county where the hearing was held.
15		(Source: P.A. 103-1001, eff. 8-9-24.)
16		(410 ILCS 705/20-50 rep.)
17		(410 ILCS 705/25-45 rep.)
18		(410 ILCS 705/30-50 rep.)
19		Section 170. The Cannabis Regulation and Tax Act is
20		amended by repealing Sections 20-50, 25-45, and 30-50.
21		Section 175. The Industrial Hemp Act is amended by
22		changing Section 20 as follows:
23		(505 ILCS 89/20)

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1		Sec. 20. Hemp products.
2		(a) A person shall not sell, offer for sale, give, or
3		deliver a hemp-derived product to a person under 21 years of
4		age unless the product is a consumable or topical hemp-derived
5		cannabinoid product that does not contain:
6		(1) any cannabinoids that are incapable of being
7		naturally produced by a Cannabis sativa L. plant;
8		(2) any cannabinoids that are capable of being
9		naturally produced by a Cannabis sativa L. plant but that
10		were synthesized or manufactured outside of the Cannabis
11		sativa L. plant; or
12		(3) more than a per-container total of 0.4 milligrams
13		of tetrahydrocannabinols, including
14		tetrahydrocannabinolic acid, or any other cannabinoids
15		that have similar effects or are marketed to have similar
16		effects on humans or animals as a tetrahydrocannabinol.
17		(b) A retailer shall verify the age of each purchaser of a
18		hemp-derived product by examining the purchaser's valid
19		government-issued photo identification. Verification shall be
20		required for any purchaser who appears under 30 years of age.
21		(c) (Blank).
22		(d) Every hemp-derived product offered for sale in this
23		State shall bear a label containing, at minimum:
24		(1) the product name;
25		(2) the net weight or volume of the product;
26		(3) a complete and accurate list of all ingredients in

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1		the product in descending order of predominance;
2		(4) the identity and quantity of each cannabinoid
3		present in the product, expressed in milligrams per
4		serving and per container, including total THC;
5		(5) the number of servings per container;
6		(6) the batch or lot number of the product;
7		(7) the name, business address, and contact
8		information of the manufacturer or distributor of the
9		product; and
10		(8) an expiration or use by date for the product.
11		(e) The label and packaging of a hemp-derived product
12		shall not contain:
13		(1) any information that is false or misleading,
14		including a representation that the product is a cannabis
15		product;
16		(2) any image designed or likely to appeal to minors,
17		including cartoons, toys, animals, or children, or any
18		other likeness to images, characters, or phrases used to
19		advertise to children;
20		(3) any information that imitates the trade dress,
21		name, or packaging of any commercial non-cannabis or
22		non-hemp food, candy, beverage, or product primarily
23		marketed to children;
24		(4) any seal, flag, crest, coat of arms, or other
25		insignia likely to mislead a purchaser into believing the
26		product has been endorsed, made, or used by the State of

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1		Illinois or any of its representatives, except where
2		authorized by this Act;
3		(5) any health claim; or
4		(6) any information that misstates or omits
5		cannabinoid content or ingredients.
6		(f) The Attorney General may enforce a violation of this
7		Section 20 as an unlawful practice under the Consumer Fraud
8		and Deceptive Business Practices Act.
9		Nothing in this Act shall alter the legality of hemp or
10		hemp products that are presently legal to possess or own.
11		(Source: P.A. 100-1091, eff. 8-26-18.)
12		(505 ILCS 89/Act rep.)
13		Section 180. The Industrial Hemp Act is repealed on
14		November 12, 2026.
15		Section 185. The Illinois Vehicle Code is amended by
16		changing Sections 11-502.1 and 11-502.15 as follows:
17		(625 ILCS 5/11-502.1)
18		Sec. 11-502.1. Possession of medical cannabis in a motor
19		vehicle.
20		(a) No driver, who is a medical cannabis cardholder, may
21		use medical cannabis within the passenger area of any motor
22		vehicle upon a highway in this State.
23		(b) No driver, who is a medical cannabis cardholder, a

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1		medical cannabis designated caregiver, medical cannabis
2		cultivation center agent, or dispensing organization agent may
3		possess medical cannabis within any area of any motor vehicle
4		upon a highway in this State except in a secured, sealed or
5		resealable, odor-proof, and child-resistant medical cannabis
6		container that is inaccessible, unless subsection (e) of
7		Section 15-85 of the Cannabis Regulation and Tax Act applies.
8		(c) No passenger, who is a medical cannabis card holder, a
9		medical cannabis designated caregiver, or medical cannabis
10		dispensing organization agent may possess medical cannabis
11		within any passenger area of any motor vehicle upon a highway
12		in this State except in a secured, sealed or resealable,
13		odor-proof, and child-resistant medical cannabis container
14		that is inaccessible, unless subsection (e) of Section 15-85
15		of the Cannabis Regulation and Tax Act applies.
16		(d) Any person who violates subsections (a) through (c) of
17		this Section:
18		(1) commits a Class A misdemeanor;
19		(2) shall be subject to revocation of his or her
20		medical cannabis card for a period of 2 years from the end
21		of the sentence imposed; and
22		(3) shall be subject to revocation of his or her
23		status as a medical cannabis caregiver, medical cannabis
24		cultivation center agent, or medical cannabis dispensing
25		organization agent for a period of 2 years from the end of
26		the sentence imposed.

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1		(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21;
2		102-558, eff. 8-20-21.)
3		(625 ILCS 5/11-502.15)
4		Sec. 11-502.15. Possession of adult use cannabis in a
5		motor vehicle.
6		(a) No driver may use cannabis within the passenger area
7		of any motor vehicle upon a highway in this State.
8		(b) No driver may possess cannabis within any area of any
9		motor vehicle upon a highway in this State except in a secured,
10		sealed or resealable, odor-proof, child-resistant cannabis
11		container that is inaccessible, unless subsection (e) of
12		Section 15-85 of the Cannabis Regulation and Tax Act applies.
13		(c) No passenger may possess cannabis within any passenger
14		area of any motor vehicle upon a highway in this State except
15		in a secured, sealed or resealable, odor-proof,
16		child-resistant cannabis container that is inaccessible,
17		unless subsection (e) of Section 15-85 of the Cannabis
18		Regulation and Tax Act applies.
19		(d) Any person who knowingly violates subsection (a), (b),
20		or (c) of this Section commits a Class A misdemeanor.
21		(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21.)
22		Section 190. The Cannabis Control Act is amended by
23		changing Sections 4, 5, and 5.1 as follows:

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1		(720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)
2		Sec. 4. Except as otherwise provided in the Cannabis
3		Regulation and Tax Act, and the Industrial Hemp Act, and the
4		Illinois Hemp Act, it is unlawful for any person knowingly to
5		possess cannabis.
6		Any person who violates this Section with respect to:
7		(a) not more than 10 grams of any substance containing
8		cannabis is guilty of a civil law violation punishable by
9		a minimum fine of $100 and a maximum fine of $200. The
10		proceeds of the fine shall be payable to the clerk of the
11		circuit court. Within 30 days after the deposit of the
12		fine, the clerk shall distribute the proceeds of the fine
13		as follows:
14		(1) $10 of the fine to the circuit clerk and $10 of
15		the fine to the law enforcement agency that issued the
16		citation; the proceeds of each $10 fine distributed to
17		the circuit clerk and each $10 fine distributed to the
18		law enforcement agency that issued the citation for
19		the violation shall be used to defer the cost of
20		automatic expungements under paragraph (2.5) of
21		subsection (a) of Section 5.2 of the Criminal
22		Identification Act;
23		(2) $15 to the county to fund drug addiction
24		services;
25		(3) $10 to the Office of the State's Attorneys
26		Appellate Prosecutor for use in training programs;

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1		(4) $10 to the State's Attorney; and
2		(5) any remainder of the fine to the law
3		enforcement agency that issued the citation for the
4		violation.
5		With respect to funds designated for the Illinois
6		State Police, the moneys shall be remitted by the circuit
7		court clerk to the Illinois State Police within one month
8		after receipt for deposit into the State Police Operations
9		Assistance Fund. With respect to funds designated for the
10		Department of Natural Resources, the Department of Natural
11		Resources shall deposit the moneys into the Conservation
12		Police Operations Assistance Fund;
13		(b) more than 10 grams but not more than 60 30 grams of
14		any substance containing cannabis is guilty of a Class B
15		misdemeanor;
16		(c) more than 60 30 grams but not more than 100 grams
17		of any substance containing cannabis is guilty of a Class
18		A misdemeanor; provided, that if any offense under this
19		subsection (c) is a subsequent offense, the offender shall
20		be guilty of a Class 4 felony;
21		(d) more than 100 grams but not more than 500 grams of
22		any substance containing cannabis is guilty of a Class 4
23		felony; provided that if any offense under this subsection
24		(d) is a subsequent offense, the offender shall be guilty
25		of a Class 3 felony;
26		(e) more than 500 grams but not more than 2,000 grams

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1		of any substance containing cannabis is guilty of a Class
2		3 felony;
3		(f) more than 2,000 grams but not more than 5,000
4		grams of any substance containing cannabis is guilty of a
5		Class 2 felony;
6		(g) more than 5,000 grams of any substance containing
7		cannabis is guilty of a Class 1 felony.
8		Fines and assessments, such as fees or administrative
9		costs, authorized under this Section shall not be ordered or
10		imposed against a minor subject to Article III, IV, or V of the
11		Juvenile Court Act of 1987, or a minor under the age of 18
12		transferred to adult court or excluded from juvenile court
13		jurisdiction under Article V of the Juvenile Court Act of
14		1987, or the minor's parent, guardian, or legal custodian.
15		(Source: P.A. 102-538, eff. 8-20-21; 103-379, eff. 7-28-23.)
16		(720 ILCS 550/5)  (from Ch. 56 1/2, par. 705)
17		Sec. 5. Except as otherwise provided in the Cannabis
18		Regulation and Tax Act, and the Industrial Hemp Act, and the
19		Illinois Hemp Act, it is unlawful for any person knowingly to
20		manufacture, deliver, or possess with intent to deliver, or
21		manufacture, cannabis. Any person who violates this Section
22		with respect to:
23		(a) not more than 2.5 grams of any substance
24		containing cannabis is guilty of a Class B misdemeanor;
25		(b) more than 2.5 grams but not more than 10 grams of

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1		any substance containing cannabis is guilty of a Class A
2		misdemeanor;
3		(c) more than 10 grams but not more than 60 30 grams of
4		any substance containing cannabis is guilty of a Class 4
5		felony;
6		(d) more than 60 30 grams but not more than 500 grams
7		of any substance containing cannabis is guilty of a Class
8		3 felony for which a fine not to exceed $50,000 may be
9		imposed;
10		(e) more than 500 grams but not more than 2,000 grams
11		of any substance containing cannabis is guilty of a Class
12		2 felony for which a fine not to exceed $100,000 may be
13		imposed;
14		(f) more than 2,000 grams but not more than 5,000
15		grams of any substance containing cannabis is guilty of a
16		Class 1 felony for which a fine not to exceed $150,000 may
17		be imposed;
18		(g) more than 5,000 grams of any substance containing
19		cannabis is guilty of a Class X felony for which a fine not
20		to exceed $200,000 may be imposed.
21		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
22		(720 ILCS 550/5.1)  (from Ch. 56 1/2, par. 705.1)
23		Sec. 5.1. Cannabis trafficking.
24		(a) Except for purposes authorized by this Act, the
25		Industrial Hemp Act, the Illinois Hemp Act, or the Cannabis

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1		Regulation and Tax Act, any person who knowingly brings or
2		causes to be brought into this State for the purpose of
3		manufacture or delivery or with the intent to manufacture or
4		deliver 2,500 grams or more of cannabis in this State or any
5		other state or country is guilty of cannabis trafficking.
6		(b) A person convicted of cannabis trafficking shall be
7		sentenced to a term of imprisonment not less than twice the
8		minimum term and fined an amount as authorized by subsection
9		(f) or (g) of Section 5 of this Act, based upon the amount of
10		cannabis brought or caused to be brought into this State, and
11		not more than twice the maximum term of imprisonment and fined
12		twice the amount as authorized by subsection (f) or (g) of
13		Section 5 of this Act, based upon the amount of cannabis
14		brought or caused to be brought into this State.
15		(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
16		(720 ILCS 550/15.2 rep.)
17		Section 195. The Cannabis Control Act is amended by
18		repealing Section 15.2.
19		Section 200. The Tobacco Accessories and Smoking Herbs
20		Control Act is amended by changing Section 2 as follows:
21		(720 ILCS 685/2)  (from Ch. 23, par. 2358-2)
22		Sec. 2. Purpose. The sale and possession of marijuana,
23		hashish, cocaine, opium, and their derivatives, is not only

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1		prohibited by Illinois Law, but the use of these substances
2		has been deemed injurious to the health of the user.
3		It has further been determined by the Surgeon General of
4		the United States that the use of tobacco is hazardous to human
5		health.
6		The ready availability of smoking herbs to persons under
7		21 years of age could lead to the use of tobacco and illegal
8		drugs.
9		It is in the best interests of the citizens of the State of
10		Illinois to seek to prohibit the spread of illegal drugs,
11		tobacco or smoking materials to persons under 21 years of age.
12		The prohibition of the sale of tobacco and snuff accessories
13		and smoking herbs to persons under 21 years of age would help
14		to curb the usage of illegal drugs and tobacco products, among
15		our youth.
16		(Source: P.A. 101-2, eff. 7-1-19.)
17		Section 205. The Consumer Fraud and Deceptive Business
18		Practices Act is amended by adding Section 2MMMM as follows:
19		(815 ILCS 505/2MMMM new)
20		Sec. 2MMMM. Violations of the Industrial Hemp Act, the
21		Illinois Hemp Act, and Sections 15-155 and 20-60 of the
22		Cannabis Regulation and Tax Act. A person commits an unlawful
23		practice within the meaning of this Act when the person
24		violates the Illinois Hemp Act, Section 20 of the Industrial

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1		Hemp Act, subsection (a) of Section 15-155 or subsection (a)
2		of Section 20-60 of the Cannabis Regulation and Tax Act.
3		Section 995. No acceleration or delay. Where this Act
4		makes changes in a statute that is represented in this Act by
5		text that is not yet or no longer in effect (for example, a
6		Section represented by multiple versions), the use of that
7		text does not accelerate or delay the taking effect of (i) the
8		changes made by this Act or (ii) provisions derived from any
9		other Public Act.
10		Section 997. Severability. The provisions of this Act are
11		severable under Section 1.31 of the Statute on Statutes.
12		Section 999. Effective date. This Act takes effect upon
13		becoming law, except that Sections 1 through 70 and Section
14		160 take effect on November 12, 2026.