Illinois Administrative Code
Title 8 - AGRICULTURE AND ANIMALS
Part 1000 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM
Subpart A - GENERAL PROVISIONS
Section 1000.50 - Permits - General Provisions
Universal Citation: 8 IL Admin Code ยง 1000.50
Current through Register Vol. 48, No. 12, March 22, 2024
a) A cultivation center permit issued under this Part is the property of the State of Illinois and shall be surrendered upon demand of the Department.
b) As part of the permit process, all applicants for a cultivation center permit shall sign a written statement certifying under penalty of perjury that:
1) All of the information provided on the
application is true and accurate to the best of the applicant's knowledge and
that the applicant must notify the Department of any significant changes to any
of the information provided to the Department during the application process,
such as but not limited to ownership, financial interest, operational structure
and criminal history.
2) The
applicant understands that the medical cannabis laws and enforcement of the
laws by the State of Illinois and the federal government are subject to change
at any time.
3) The applicant
understands that the cultivation center permit is not transferable, except as
provided in Section
1000.120, and that the
permit is the property of the State of Illinois and shall be surrendered upon
demand of the Department.
4) The
applicant specifically acknowledges receipt and advisement of the notices
contained in the application and agrees to and accepts the limitations of
liability and the requirement to indemnify, hold harmless and defend the State
of Illinois, including:
A) Limitation of
Liability - the State of Illinois shall not be liable to the permitted
cultivation center, the cultivation center's agents, family members or guests
for any damage, injury, accident, loss, compensation or claim, based on,
arising out of, or resulting from the permitted cultivation center's
participation in the Compassionate Use of Medical Cannabis Pilot Program,
including, but not limited to, the following: arrest, seizure of persons and/or
property, prosecution pursuant to State or federal laws by State or federal
prosecutors, any fire, robbery, theft, mysterious disappearance or any other
casualty; or the actions of any other permittees, registrants or persons. This
Limitation of Liability provision shall survive expiration or the early
termination of the permit.
B) Hold
Harmless/Indemnification - the permitted cultivation center, its principal
officers, board members, producer backers, agents, employees, family members or
guests shall hold harmless and/or indemnify the State of Illinois, its officers
and employees against any civil action or criminal penalty commenced against
the State and/or its officers or employees resulting from participation in the
Compassionate Use of Medical Cannabis Pilot Program.
C) Federal Prosecution - the United States
Congress has determined that cannabis is a controlled substance. Illinois has
placed cannabis in Schedule I of the Illinois Controlled Substances Act.
Growing, distributing, transporting and possessing cannabis in any capacity,
other than as part of a federally authorized research program, is a violation
of federal laws. The State of Illinois' Compassionate Use of Medical Cannabis
Pilot Program Act does not authorize any permittee to violate federal or state
laws.
5) The applicant
understands that medical cannabis shall be transported only in a medical
cannabis container as defined in Section
1000.10.
6) The applicant understands that unused
medical cannabis shall not be transferred, shared, given or delivered to any
other person regardless of whether that person is participating in the
Compassionate Use of Medical Cannabis Pilot Program.
7) The applicant understands that qualifying
patients and caregivers shall not grow or cultivate medical cannabis other than
as a cultivation center agent.
8)
The applicant understands that the Department may deny an application if the
documentation is incomplete, or if the Department determines, after an inquiry
or investigation, that the information provided was false, misleading, forged
or altered.
9) The applicant
understands that, upon issuance of a permit, the cultivation center is subject
to random inspections by the Department, ISP and DPH.
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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