Current through Register Vol. 48, No. 12, March 22, 2024
b) The Department shall
accept applications for cultivation center permits for 14 calendar days after
the date indicated on the Department's website as the commencement date for
accepting applications.
1) Submissions shall
be considered as submitted on the date on which they are postmarked or, if
delivered in person during regular business hours, on the date on which they
are so delivered or, if sent electronically, on the date received by the
Department if received on or before 5 p.m. Central Time. If received
electronically after 5 p.m. Central Time, they will be considered received on
the next day.
2) Submissions
received after the 14 day period or any way other than required in this
subsection (b) shall be returned to the applicant.
3) Notification of the availability of
applications will be posted on the Department's website at
www.agr.state.il.us/. Application
forms will be made available online at that website and may be completed online
and submitted electronically to that website, at the discretion of the
Department, or sent via U.S. mail to the address set forth in the
application.
c) The
permit application shall be submitted on the forms provided by the Department.
The forms will include instructions for their completion and submission. The
application will reflect the information required of applicants by the Act and
this Part and will include requests for information, plans, maps and other
materials in support of the application needed by the Department to make its
determination on the permit request. The instructions on the application will
reflect the total maximum number of points that can be awarded for each
required criteria, measure and bonus point category listed in Section
1000.110. The
instructions/application will also identify the total minimum number of points
necessary from the required criteria and measures to be eligible for
consideration of the bonus point categories. All applications will be reviewed
and points awarded based upon the same point system in a fair and unbiased
manner. If all materials, documentations, fees and information required by the
application form are not submitted, the application shall be returned to the
applicant. The applicant shall then have seven calendar days to resubmit the
application in its entirety. Once submitted, the required fee will not be
returned. Upon receipt of an application deemed to be complete, the Department
will engage in no further communication with the applicant until after the
selection process is completed:
1) Except as
provided in Section
1000.110(g) and
(h); and
2) Unless the applicant has applied for
zoning approval from the local zoning authority and the matter is pending
before the authority. The applicant may submit verification of compliance with
the local zoning rules once a ruling is issued by the local zoning authority.
In no event, however, may the verification be submitted more than 60 days after
the date of submission of the application to the Department.
d) An applicant applying for a
cultivation center permit shall submit, in duplicate, the following:
1)
The proposed legal name of the
cultivation center;
2)
The proposed physical address of the cultivation center and description
of the enclosed, locked facility as it applies to cultivation centers where
medical cannabis will be grown, harvested, manufactured, packaged, or otherwise
prepared for distribution to a dispensing organization;
3)
The name, address, and date of
birth of each principal officer and board member of the cultivation center,
provided that all those individuals shall be at least 21 years of
age;
4)
Any
instance in which a business that any of the prospective board members of the
cultivation center had managed or served on the board of the business and was
convicted, fined, censured, or had a registration or license suspended or
revoked in any administrative or judicial proceeding;
5)
Cultivation, inventory, and
packaging plans;
6)
Proposed operating by-laws (Operation and Management Practices
Plan) that include procedures for the oversight of the cultivation
center, development and implementation of a plant monitoring system, medical
cannabis container tracking system, accurate record keeping, staffing plan, and
security plan reviewed by the Illinois State
Policethat are in accordance with the rules issued by the
Department of Agriculture under the Act. A physical inventory shall be
performed of all plants and medical cannabis containers on a weekly
basis. ISP may utilize the services of a private security contractor
licensed by DFPR to assist with performing a security plan review;
7)
Experience with agricultural
cultivation techniques and industry standards, including experience
with the cultivation of agricultural or horticultural products, operating an
agriculturally related business, or operating a horticultural
business;
8)
Any academic
degrees, certifications, or relevant experience with related
businesses;
9)
The
identity of every person, association, trust, producer backer,
partnership, other entity or corporation having any direct or indirect
pecuniary interest in the cultivation center operation with respect to which
the registration is sought. If the disclosed entity is a trust, the application
shall disclose the names and addresses of the beneficiaries; (Section
85 of the Act)
10) If a sole
proprietorship, the name, residence and date of birth of the owner;
11)
If a partnership, the names and
addresses of all partners, both general and limited (Section 85 of the
Act) and any partnership or joint venture documents.
A) For a domestic limited partnership, a copy
of the Certificate of Limited Partnership and a Certificate of Good Standing
from the Illinois Secretary of State dated within the last 60 days.
B) For a foreign limited partnership, a
certificate of Good Standing from the state of formation, a copy of the
Certificate of Authority from the Illinois Secretary of State and a Certificate
of Good Standing from the Illinois Secretary of State dated within the last 60
days;
12) If a limited
liability partnership, the names and addresses of all partners, and any
partnership or joint venture documents.
A)
For a domestic limited liability partnership, a copy of the Certificate of
Limited Liability Partnership and a Certificate of Good Standing from the
Illinois Secretary of State dated within the last 60 days.
B) For a foreign limited liability
partnership, a certificate of Good Standing from the state of formation, a copy
of the Certificate of Authority from the Illinois Secretary of State and a
Certificate of Good Standing from the Illinois Secretary of State dated within
the last 60 days;
13) If
a corporation based in Illinois, a copy of the Articles of Incorporation and a
copy of the Certificate of Good Standing issued by the Illinois Secretary of
State or obtained from the Secretary of State's website within the last 60
days. If the corporation is a foreign corporation, a copy of the Articles of
Incorporation, a copy of the Certificate of Good Standing from the state or
country in which the corporation is domiciled, a copy of the Certificate of
Authority from the Illinois Secretary of State and a Certificate of Good
Standing from the Illinois Secretary of State dated within the last 60 days. If
using an assumed name (d/b/a), a copy of the assumed name registration issued
by the Secretary of State. Additionally, applicants shall include the
names and addresses of all stockholders and directors of the
corporation (Section 85 of the Act);
14) If a limited liability company:
A) For a domestic limited liability company,
a copy of the Articles of Organization, a copy of the Certificate of Good
Standing issued by the Illinois Secretary of State or obtained from the
Secretary of State's website within the last 60 days, and a listing of the
members of the limited liability company and his, her, or its contact
information.
B) For a foreign
limited liability company, a copy of the Articles of Organization and a
Certificate of Good Standing from the state of organization, a copy of the
Application for Admission to Transact Business in Illinois, along with a
Certificate of Good Standing issued by the Illinois Secretary of State, all
dated within the last 60 days;
15) If another type of business entity, the
same or similar information, as applicable, to that listed in this subsection
(d);
16)
Verification from
the Illinois State Police that all background checks of the principal officer,
board members, and registered agents have been conducted and those individuals
have not been convicted of an excluded offense (Section 85 of the
Act).
17) A
copy of the
current local zoning ordinance to the Department and verification from
the local zoning authority that the
proposed cultivation center is in
compliance with the local zoning rules issued in accordance with Section
140 of the Act (Section 85 of the Act).
A) If the property is not owned but is
currently leased by the applicant, the applicant shall provide: a copy of the
lease; confirmation of land ownership; identification of any mortgagees and/or
lienholders; a written statement from the property owner and/or landlord,
certifying consent that the applicant may operate a cultivation center on the
premises at least through December 31, 2017; and, if applicable, verification
of notification by the property owner to any and all mortgagees and/or
perfected lienholders that the property is to be used as a cultivation center
at least through December 31, 2017, and consent thereto by any mortgagees
and/or perfected lienholders.
B) If
the property is not owned or currently leased by the applicant, the applicant
shall provide: a written statement from the property owner and/or landlord
certifying consent that the applicant will lease or purchase the property for
the purpose of operating a cultivation center until at least December 31, 2017;
and, if applicable, verification of notification by the property owner to any
and all mortgagees and/or perfected lienholders that the property is to be used
as a cultivation center at least through December 31, 2017, and consent thereto
by any mortgagees and/or perfected lienholders.
C) If the property is owned by the applicant,
the applicant shall provide: confirmation of land ownership; identification of
any and all mortgagees and/or perfected lienholders; and, if applicable,
verification of notification to any and all mortgagees and/or perfected
lienholders that the property is to be used as a cultivation center at least
through December 31, 2017, and consent thereto by any mortgagees and/or
perfected lienholders;
18) A non-refundable application fee as set
forth in Section
1000.140
for each application. Each application for a particular District shall be a
separate application requiring a separate fee;
19) A location area map of the area
surrounding the proposed cultivation center. The map must clearly demonstrate
that the proposed cultivation center is not located within 2,500 feet
of the property line of a pre-existing public or private preschool or
elementary or secondary school or day care center, day care home, group day
care home, part day child care facility, or an area zoned for residential
use (Section 105 of the Act);
20) A plot plan of the cultivation center
drawn to a reasonable scale. If the cultivation center building is in existence
at the time of the application, the applicant shall submit plans and
specifications drawn to scale for the interior of the building. If the building
is not in existence at the time of application, the applicant shall submit a
plot plan and a detailed drawing to scale of the interior and the architect's
drawing of the building to be constructed;
21) Documentation acceptable to the
Department that the individual or entity filing the application has at least
$500,000 in liquid assets. Documentation acceptable to the Department includes
a signed statement from an Illinois Licensed CPA attesting to proof of the
required amount of liquid assets under the control of an owner or the entity
applying. The statement must be dated within 30 calendar days before the date
the application was submitted;
22)
Documentation acceptable to the Department that the individual or entity filing
the application will be able to obtain insurance sufficient to indemnify and
hold harmless the State and its officers and employees as required in Section
1000.50(b)(4)(B);
23) All relevant financial information as set
forth in Section
1000.200;
24) The name of any agent-in-charge for each
work shift;
25) If currently or
previously licensed or authorized in another state or jurisdiction to produce
or otherwise deal in the distribution of cannabis in any form, the following:
A) A copy of each such licensing/authorizing
document verifying licensure in that state or jurisdiction;
B) A statement granting permission to contact
the regulatory agency that granted the license to confirm the information
contained in the application; and
C) If the license/authorization or
application was ever denied, suspended, revoked or otherwise sanctioned, a copy
of documentation so indicating, or a statement that the applicant was so
licensed and was never sanctioned.
e) The applicant shall sign a notarized
statement certifying that:
1) No prospective
principal officer or board member has been convicted of an excluded offense in
any state or country;
2) The
cultivation center will register with the Illinois Department of Revenue should
the applicant be granted a permit;
3) The application is complete and accurate;
and
4) The applicant has actual
notice that, notwithstanding any state law:
A) Cannabis is a prohibited Schedule I
controlled substance under federal law;
B) Participation in the program is permitted
only to the extent provided by the strict requirements of the Act and this
Part;
C) Any activity not
sanctioned by the Act or this Part may be a violation of State law;
D) Growing, distributing or possessing
cannabis in any capacity, except through a federally-approved research program,
is a violation of federal law;
E)
Use of medical cannabis may affect an individual's ability to receive federal
or State licensure in other areas;
F) Use of medical cannabis, in tandem with
other conduct, may be a violation of State or federal law;
G) Participation in the program does not
authorize any person to violate federal law or State law and, other than as set
out in Section 25 of the Act, does not provide any immunity from or affirmative
defense to arrest or prosecution under federal law or State law; and
H) Applicants shall indemnify, hold harmless,
and defend the State of Illinois for any and all civil or criminal penalties
resulting from participation in the program.
5) The Department has authority to include
additional certifications in the application that would be sufficient to ensure
compliance with the program and all other applicable laws.
6) All of applicant's principal officers and
producer backers expressly agree to be subject to service of process in
Illinois with a current Illinois address on file with the Department.