Four Illinois House bills involving cannabis oversight and regulations were assigned to the Executive Committee February 28, 2023. The four Illinois House bills include HB1436 (Cannabis-Oversight Commission), HB2430 (Cannabis Reg-Nursery Licenses), HB2522 (Cannabis-Delivery Licenses), and HB3921 (Miscellaneous Cannabis Regulations).
HB1436 amends the Cannabis Regulation and Tax Act and “Creates the Cannabis Equity and Oversight Commission.” The bill “Provides that the Commission shall administer and enforce the provisions of the Act relating to the oversight, licensing, registration, and certification of dispensing organizations, cultivation centers, craft growers, infuser organizations, transporting organizations, laboratories, and agents, including, but not limited to, the issuance of identification cards and establishing limits on the potency or serving size of cannabis or cannabis products. Provides that the Commission may suspend or revoke the license of, or impose other penalties upon, dispensing organizations, cultivation centers, craft growers, infuser organizations, transporting organizations, laboratories, and their principal officers, agents-in-charge, and agents for violations of the Act or any rules adopted under the Act. Effective July 1, 2023.” HB1436, sponsored by Rep. Marcus C. Evans, Jr., was filed on January 25, 2023, assigned to the Rules Committee January 25, 2023, and then assigned to the Executive Committee February 28, 2023.
Rep. Marcus C. Evans, Jr. also sponsored HB2430. HB2430 provides “that the Department of Agriculture shall adopt rules to establish cannabis nursery licenses that allow for the sale of cannabis seeds, seedlings, and cuttings to registered qualifying patients under the Compassionate Use of Medical Cannabis Act for the purposes of home cultivation, subject to specified provisions. HB2430 was referred to the Rules Committee February 15, 2023, and assigned to the Executive Committee February 28, 2023.
HB2522, sponsored by Rep. Sonya M. Harper, deals with delivery licenses and requires the Department of Financial and Professional Regulation to issue cannabis delivery organization licenses and “contains provisions regarding applications for cannabis delivery organization licenses. Requires the Department to develop a system to score applications for cannabis delivery licenses. Provides that applicants must qualify as social equity applicants in order to be awarded a cannabis delivery organization license. Requires applicants to pay a $500 application fee and a prorated fee of $500 prior to receiving a license, to be deposited into the Cannabis Regulation Fund. Contains requirements and prohibitions for cannabis delivery organizations. Provides that cannabis delivery organizations may obtain cannabis products from any cannabis business organization licensed in the State. Contains requirements for the issuance of cannabis delivery agent identification cards. Requires the Department to conduct a background check through the Illinois State Police of certain officers, board members, and agents of cannabis delivery organizations. Contains provisions regarding the renewal of cannabis delivery organization licenses and agent identification cards. Contains other provisions.” HB2522 also was referred to the Rules Committee February 15, 2023, and assigned to the Executive Committee February 28, 2023.
HB3921, sponsored by Rep. Sonya M. Harper, amends, removes, and modifies definitions for several miscellaneous cannabis regulations from the Cannabis Regulation and Tax Act and Compassionate Use of Medical Cannabis Program Act, including:
- Removes a provision preventing a certifying health care professional who certifies a debilitating medical condition for a qualifying patient from performing a physical examination by remote means, including telemedicine.
- Provides that the Department of Agriculture shall have authority to conduct random inspections of transporting organization while at dispensary organizations.
- In provisions concerning confidentiality of applications and renewals under the Act, provides that copies of licenses and other communications and documents issued to cannabis business establishments by regulating agencies under the Act may be disclosed.
- Removes a provision prohibiting a dispensing organization from operating drive-through windows. Provides that a dispensing organization may dispense cannabis from a drive-through window of the restricted access area or a curbside pickup location in close proximity to the restricted access area.
- In provisions relating to Conditional Adult Use Dispensing Organization Licenses, provides that the Department of Financial and Professional Regulation may extend the period for finding a physical address a total of 540 days (rather than another 180 days) if the Conditional Adult Use Dispensing Organization License holder demonstrates a concrete attempt to secure a location and a hardship.
- Provides that IDFPR has the authority to issue policy prohibiting the use of pesticides during flowering stage.
- In commitments required for an adult use cultivation center or craft grower applicant to submit to the Department of Agriculture, provides that the licensee commits that all HVAC units will be variable refrigerant flow HVAC units, or other more energy efficient equipment (removing provisions differentiating commitments based upon the square feet of canopy of the licensee).
- Makes corresponding and other changes.
HB3921 was referred to the Rules Committee February 17, 2023, and assigned to the Executive Committee February 28, 2023. For more Illinois cannabis industry news, visit here.
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