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SB3222 Enrolled LRB104 19119 AAS 32564 b
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,
SB3222 Enrolled -3- LRB104 19119 AAS 32564 b
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
SB3222 Enrolled -4- LRB104 19119 AAS 32564 b
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:
SB3222 Enrolled - 10 - LRB104 19119 AAS 32564 b
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);
SB3222 Enrolled - 11 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 13 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 17 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 23 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 25 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 26 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 29 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 30 - LRB104 19119 AAS 32564 b
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,
SB3222 Enrolled - 34 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 37 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 38 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 39 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 41 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 42 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 45 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 58 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 62 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 112 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 148 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 149 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 155 - LRB104 19119 AAS 32564 b
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).
SB3222 Enrolled - 157 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 158 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 160 - LRB104 19119 AAS 32564 b
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,
SB3222 Enrolled - 164 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 166 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 167 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 168 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 169 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 170 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 171 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 172 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 174 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 175 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 176 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 177 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 178 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 187 - LRB104 19119 AAS 32564 b
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,
SB3222 Enrolled - 188 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 189 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 192 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 193 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 194 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 195 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 196 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 197 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 198 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 199 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 200 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 201 - LRB104 19119 AAS 32564 b
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,
SB3222 Enrolled - 202 - LRB104 19119 AAS 32564 b
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.)
SB3222 Enrolled - 203 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 204 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 205 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 206 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 207 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 209 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 210 - LRB104 19119 AAS 32564 b
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.)
SB3222 Enrolled - 211 - LRB104 19119 AAS 32564 b
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,
SB3222 Enrolled - 212 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 213 - LRB104 19119 AAS 32564 b
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,
SB3222 Enrolled - 214 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 215 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 216 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 217 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 218 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 219 - LRB104 19119 AAS 32564 b
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,
SB3222 Enrolled - 220 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 221 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 222 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 223 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 225 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 226 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 227 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 228 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 229 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 230 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 233 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 234 - LRB104 19119 AAS 32564 b
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)
SB3222 Enrolled - 235 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 236 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 237 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 238 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 239 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 240 - LRB104 19119 AAS 32564 b
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
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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
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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
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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
SB3222 Enrolled - 256 - LRB104 19119 AAS 32564 b
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:
SB3222 Enrolled - 257 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 259 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 261 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 262 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 263 - LRB104 19119 AAS 32564 b
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;
SB3222 Enrolled - 264 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 265 - LRB104 19119 AAS 32564 b
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,
SB3222 Enrolled - 266 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 267 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 268 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 269 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 270 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 271 - LRB104 19119 AAS 32564 b
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,
SB3222 Enrolled - 272 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 273 - LRB104 19119 AAS 32564 b
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,
SB3222 Enrolled - 274 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 275 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 276 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 277 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 278 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 279 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 280 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 281 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 282 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 304 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 305 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 308 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 309 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 311 - LRB104 19119 AAS 32564 b
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,
SB3222 Enrolled - 312 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 313 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 314 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 315 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 316 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 317 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 318 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 319 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 320 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 322 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 323 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 324 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 325 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 390 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 396 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 397 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 400 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 401 - LRB104 19119 AAS 32564 b
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,
SB3222 Enrolled - 402 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 403 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 404 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 405 - LRB104 19119 AAS 32564 b
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,
SB3222 Enrolled - 406 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 407 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 408 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 409 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 410 - LRB104 19119 AAS 32564 b
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,
SB3222 Enrolled - 411 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 412 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 413 - LRB104 19119 AAS 32564 b
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
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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
SB3222 Enrolled - 466 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 469 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 470 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 472 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 475 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 476 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 477 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 479 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 480 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 481 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 482 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 484 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 485 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 486 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 487 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 488 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 489 - LRB104 19119 AAS 32564 b
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.)
SB3222 Enrolled - 490 - LRB104 19119 AAS 32564 b
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,
SB3222 Enrolled - 491 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 493 - LRB104 19119 AAS 32564 b
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.)
SB3222 Enrolled - 494 - LRB104 19119 AAS 32564 b
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;
SB3222 Enrolled - 495 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 496 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 497 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 498 - LRB104 19119 AAS 32564 b
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:
SB3222 Enrolled - 499 - LRB104 19119 AAS 32564 b
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;
SB3222 Enrolled - 500 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 501 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 502 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 503 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 504 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 505 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 506 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 507 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 511 - LRB104 19119 AAS 32564 b
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
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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;
SB3222 Enrolled - 517 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 518 - LRB104 19119 AAS 32564 b
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;
SB3222 Enrolled - 519 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 520 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 523 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 524 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 525 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 528 - LRB104 19119 AAS 32564 b
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;
SB3222 Enrolled - 529 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 532 - LRB104 19119 AAS 32564 b
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;
SB3222 Enrolled - 538 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 540 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 542 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 543 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 546 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 549 - LRB104 19119 AAS 32564 b
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,
SB3222 Enrolled - 550 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 551 - LRB104 19119 AAS 32564 b
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;
SB3222 Enrolled - 552 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 553 - LRB104 19119 AAS 32564 b
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:
SB3222 Enrolled - 554 - LRB104 19119 AAS 32564 b
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,
SB3222 Enrolled - 556 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 560 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 561 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 562 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 564 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 565 - LRB104 19119 AAS 32564 b
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;
SB3222 Enrolled - 567 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 568 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 570 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 571 - LRB104 19119 AAS 32564 b
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:
SB3222 Enrolled - 572 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 573 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 574 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 575 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 576 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 577 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 581 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 587 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 588 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 590 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 592 - LRB104 19119 AAS 32564 b
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;
SB3222 Enrolled - 593 - LRB104 19119 AAS 32564 b
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:
SB3222 Enrolled - 594 - LRB104 19119 AAS 32564 b
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'
SB3222 Enrolled - 597 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 599 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 600 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 601 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 602 - LRB104 19119 AAS 32564 b
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;
SB3222 Enrolled - 603 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 604 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 605 - LRB104 19119 AAS 32564 b
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.".
SB3222 Enrolled - 606 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 607 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 608 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 609 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 611 - LRB104 19119 AAS 32564 b
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;
SB3222 Enrolled - 612 - LRB104 19119 AAS 32564 b
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;
SB3222 Enrolled - 613 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 614 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 615 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 616 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 617 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 618 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 619 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 620 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 621 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 622 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 623 - LRB104 19119 AAS 32564 b
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.)
SB3222 Enrolled - 625 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 626 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 627 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 628 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 630 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 631 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 632 - LRB104 19119 AAS 32564 b
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)
SB3222 Enrolled - 633 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 634 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 635 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 636 - LRB104 19119 AAS 32564 b
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.
SB3222 Enrolled - 637 - LRB104 19119 AAS 32564 b
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:
SB3222 Enrolled - 638 - LRB104 19119 AAS 32564 b
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;
SB3222 Enrolled - 639 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 641 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 642 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 643 - LRB104 19119 AAS 32564 b
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
SB3222 Enrolled - 644 - LRB104 19119 AAS 32564 b
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.Every fact on this page links to its source, starting with the official bill record.