Cannabis Regulation and Tax Act
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*LRB10104919RLC61359a* Sen. Heather A. Steans Filed: 5/28/2019 10100HB1438sam002 LRB101 04919 RLC 61359 a 1 AMENDMENT TO HOUSE BILL 1438 2 AMENDMENT NO. ______. Amend House Bill 1438 by replacing 3 everything after the enacting clause with the following: 4 "ARTICLE 1. 5 SHORT TITLE; FINDINGS; DEFINITIONS 6 Section 1-1. Short title. This Act may be cited as the 7 Cannabis Regulation and Tax Act. 8 Section 1-5. Findings. 9 (a) In the interest of allowing law enforcement to focus on 10 violent and property crimes, generating revenue for education, 11 substance abuse prevention and treatment, freeing public 12 resources to invest in communities and other public purposes, 13 and individual freedom, the General Assembly finds and declares 14 that the use of cannabis should be legal for persons 21 years 15 of age or older and should be taxed in a manner similar to 10100HB1438sam002 -2- LRB101 04919 RLC 61359 a 1 alcohol. 2 (b) In the interest of the health and public safety of the 3 residents of Illinois, the General Assembly further finds and 4 declares that cannabis should be regulated in a manner similar 5 to alcohol so that: 6 (1) persons will have to show proof of age before 7 purchasing cannabis; 8 (2) selling, distributing, or transferring cannabis to 9 minors and other persons under 21 years of age shall remain 10 illegal; 11 (3) driving under the influence of cannabis shall 12 remain illegal; 13 (4) legitimate, taxpaying business people, and not 14 criminal actors, will conduct sales of cannabis; 15 (5) cannabis sold in this State will be tested, 16 labeled, and subject to additional regulation to ensure 17 that purchasers are informed and protected; and 18 (6) purchasers will be informed of any known health 19 risks associated with the use of cannabis, as concluded by 20 evidence-based, peer reviewed research. 21 (c) The General Assembly further finds and declares that it 22 is necessary to ensure consistency and fairness in the 23 application of this Act throughout the State and that, 24 therefore, the matters addressed by this Act are, except as 25 specified in this Act, matters of statewide concern. 26 (d) The General Assembly further finds and declares that 10100HB1438sam002 -3- LRB101 04919 RLC 61359 a 1 this Act shall not diminish the State's duties and commitment 2 to seriously ill patients registered under the Compassionate 3 Use of Medical Cannabis Pilot Program Act, nor alter the 4 protections granted to them. 5 (e) The General Assembly supports and encourages labor 6 neutrality in the cannabis industry and further finds and 7 declares that employee workplace safety shall not be diminished 8 and employer workplace policies shall be interpreted broadly to 9 protect employee safety. 10 Section 1-10. Definitions. In this Act: 11 "Adult Use Cultivation Center License" means a license 12 issued by the Department of Agriculture that permits a person 13 to act as a cultivation center under this Act and any 14 administrative rule made in furtherance of this Act. 15 "Adult Use Dispensing Organization License" means a 16 license issued by the Department of Financial and Professional 17 Regulation that permits a person to act as a dispensing 18 organization under this Act and any administrative rule made in 19 furtherance of this Act. 20 "Advertise" means to engage in promotional activities 21 including, but not limited to: newspaper, radio, Internet and 22 electronic media, and television advertising; the distribution 23 of fliers and circulars; and the display of window and interior 24 signs. 25 "BLS Region" means a region in Illinois used by the United 10100HB1438sam002 -4- LRB101 04919 RLC 61359 a 1 States Bureau of Labor Statistics to gather and categorize 2 certain employment and wage data. The 17 such regions in 3 Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, 4 Champaign-Urbana, Chicago-Naperville-Elgin, Danville, 5 Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, 6 Rockford, St. Louis, Springfield, Northwest Illinois 7 nonmetropolitan area, West Central Illinois nonmetropolitan 8 area, East Central Illinois nonmetropolitan area, and South 9 Illinois nonmetropolitan area. 10 "Cannabis" means marijuana, hashish, and other substances 11 that are identified as including any parts of the plant 12 Cannabis sativa and including derivatives or subspecies, such 13 as indica, of all strains of cannabis, whether growing or not; 14 the seeds thereof, the resin extracted from any part of the 15 plant; and any compound, manufacture, salt, derivative, 16 mixture, or preparation of the plant, its seeds, or resin, 17 including tetrahydrocannabinol (THC) and all other naturally 18 produced cannabinol derivatives, whether produced directly or 19 indirectly by extraction; however, "cannabis" does not include 20 the mature stalks of the plant, fiber produced from the stalks, 21 oil or cake made from the seeds of the plant, any other 22 compound, manufacture, salt, derivative, mixture, or 23 preparation of the mature stalks (except the resin extracted 24 from it), fiber, oil or cake, or the sterilized seed of the 25 plant that is incapable of germination. "Cannabis" does not 26 include industrial hemp as defined and authorized under the 10100HB1438sam002 -5- LRB101 04919 RLC 61359 a 1 Industrial Hemp Act. "Cannabis" also means concentrate and 2 cannabis-infused products. 3 "Cannabis business establishment" means a cultivation 4 center, craft grower, processing organization, dispensing 5 organization, or transporting organization. 6 "Cannabis concentrate" means a product derived from 7 cannabis that is produced by extracting cannabinoids from the 8 plant through the use of propylene glycol, glycerin, butter, 9 olive oil or other typical cooking fats; water, ice, or dry 10 ice; or butane, propane, CO2, ethanol, or isopropanol. The use 11 of any other solvent is expressly prohibited unless and until 12 it is approved by the Department of Agriculture. 13 "Cannabis container" means a sealed, traceable, container, 14 or package used for the purpose of containment of cannabis or 15 cannabis-infused product during transportation. 16 "Cannabis flower" means marijuana, hashish, and other 17 substances that are identified as including any parts of the 18 plant Cannabis sativa and including derivatives or subspecies, 19 such as indica, of all strains of cannabis; including raw kief, 20 leaves, and buds, but not resin that has been extracted from 21 any part of such plant; nor any compound, manufacture, salt, 22 derivative, mixture, or preparation of such plant, its seeds, 23 or resin. 24 "Cannabis-infused product" means a beverage, food, oil, 25 ointment, tincture, topical formulation, or another product 26 containing cannabis that is not intended to be smoked. 10100HB1438sam002 -6- LRB101 04919 RLC 61359 a 1 "Cannabis plant monitoring system" or "plant monitoring 2 system" means a system that includes, but is not limited to, 3 testing and data collection established and maintained by the 4 cultivation center, craft grower, or processing organization 5 and that is available to the Department of Revenue, the 6 Department of Agriculture, the Department of Financial and 7 Professional Regulation, and the Department of State Police for 8 the purposes of documenting each cannabis plant and monitoring 9 plant development throughout the life cycle of a cannabis plant 10 cultivated for the intended use by a customer from seed 11 planting to final packaging. 12 "Cannabis testing facility" means an entity registered by 13 the Department of Agriculture to test cannabis for potency and 14 contaminants. 15 "Clone" means a plant section from a female cannabis plant 16 not yet rootbound, growing in a water solution or other 17 propagation matrix, that is capable of developing into a new 18 plant. 19 "Community College Cannabis Vocational Training Pilot 20 Program faculty participant" means a person who is 21 years of 21 age or older, licensed by the Department of Agriculture, and is 22 employed or contracted by an Illinois community college to 23 provide student instruction using cannabis plants at an 24 Illinois Community College. 25 "Community College Cannabis Vocational Training Pilot 26 Program faculty participant Agent Identification Card" means a 10100HB1438sam002 -7- LRB101 04919 RLC 61359 a 1 document issued by the Department of Agriculture that 2 identifies a person as Community College Cannabis Vocational 3 Training Pilot Program faculty participant. 4 "Conditional Adult Use Dispensing Organization License" 5 means a license awarded to top-scoring applicants for an Adult 6 Use Dispensing Organization License that reserves the right to 7 an adult use dispensing organization license if the applicant 8 meets certain conditions described in this Act, but does not 9 entitle the recipient to begin purchasing or selling cannabis 10 or cannabis-infused products. 11 "Conditional Adult Use Cultivation Center License" means a 12 license awarded to top-scoring applicants for an Adult Use 13 Cultivation Center License that reserves the right to an Adult 14 Use Cultivation Center License if the applicant meets certain 15 conditions as determined by the Department of Agriculture by 16 rule, but does not entitle the recipient to begin growing, 17 processing, or selling cannabis or cannabis-infused products. 18 "Craft grower" means a facility operated by an organization 19 or business that is licensed by the Department of Agriculture 20 to cultivate, dry, cure, and package cannabis and perform other 21 necessary activities to make cannabis available for sale at a 22 dispensing organization or use at a processing organization. A 23 craft grower may contain up to 5,000 square feet of canopy 24 space on its premises for plants in the flowering state. The 25 Department of Agriculture may authorize an increase or decrease 26 of flowering stage cultivation space in increments of 3,000 10100HB1438sam002 -8- LRB101 04919 RLC 61359 a 1 square feet by rule based on market need, craft grower 2 capacity, and the licensee's history of compliance or 3 noncompliance, with a maximum space of 14,000 square feet for 4 cultivating plants in the flowering stage, which must be 5 cultivated in all stages of growth in an enclosed and secure 6 area.