Illinois Administrative Code
Title 8 - AGRICULTURE AND ANIMALS
Part 1000 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM
Subpart C - CULTIVATION CENTER REQUIREMENTS
Section 1000.210 - Fingerprint-Based Criminal History Records Check
Current through Register Vol. 48, No. 12, March 22, 2024
a) No person who has been convicted of an excluded offense may be a cultivation center agent. (Section 105 of the Act)
b) ISP shall act as the Department's agent for purposes of receiving electronic fingerprints and conducting background checks of each cultivation center agent applying for a cultivation center agent identification card.
c) Each cultivation center agent applying for a cultivation center agent identification card shall have his or her fingerprints collected electronically by a livescan fingerprint vendor licensed by DFPR and transmitted to ISP for processing no more than 30 days prior to the date of application or renewal for a cultivation center agent identification card.
d) The Department shall obtain from ISP a state and federal criminal records check, to the extent allowed by law, containing conviction information for each cultivation center agent applying for a cultivation center agent identification card.
e) The Department will maintain the results of the criminal history records check in compliance the State Records Act [5 ILCS 160 ].
f) The Department may deny an application or renewal for a cultivation center agent who has been convicted of an excluded offense.
g) If the cultivation center agent has been convicted of any excluded offenses, the Department may approve a cultivation center agent identification card if the person demonstrates that his or her conviction was for the possession, cultivation, transfer, or delivery of a reasonable amount of cannabis intended for medical use. (Section 10 of the Act) In determining whether to waive a conviction for excluded offenses, the Department shall determine whether the offense consisted of conduct for which, had it occurred on or after January 1, 2014, would likely have been protected by the Act and would likely not have resulted in a conviction.
h) Convictions for violations of the medical cannabis laws of Illinois or any other state or jurisdiction shall not be waived by the Department.
i) Should the Department not be able to obtain from ISP the required state and/or federal criminal records check required by the Act and this Section, the Department shall contract as appropriate with a private detective/investigating agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 and in good standing with DFPR, for the purpose of conducting those records checks.