Current through Register Vol. 48, No. 12, March 22, 2024
a) The license selection criteria for the
Infuser License shall include the following, with each criterion accounting for
up to the indicated maximum number of the total points available for each
criteria, out of 1,000 total points (bonus points are an additional 2 points):
1) Suitability of the Proposed Facility (75
points):
A) Measure 1 (25 points): The
applicant demonstrates that the proposed facility is suitable for effective and
safe production of cannabis and cannabis-infused products, sufficient in size,
power allocation, air exchange and air flow, interior layout, lighting, and
sufficient both in the interior and exterior to handle bulk production of
cannabis-infused products, product handling, storage, trimming, packaging,
loading and shipping. The loading/unloading of cannabis in the transport motor
vehicle for shipping shall be in an enclosed, secure area out of public
sight;
B) Measure 2 (25 points):
The applicant demonstrates the ability to meet consumer demand by operating the
infuser facility in a safe and efficient manner with minimal impact on the
environment and the surrounding community;
C) Measure 3 (25 points): The applicant
provides an Operations and Management Practices Plan that demonstrates
compliance with this Part and the Act.
2) Suitability of Employee Training Plan (50
points):
A) Measure 1 (25 points): The
applicant fully describes a staffing plan that will provide and ensure adequate
staffing and experience for all accessible business hours, safe production,
sanitation, adequate security and theft prevention;
B) Measure 2 (25 points): The applicant
provides an employee handbook that will provide employees with a working guide
to the understanding of the day-to-day administration of personnel policies and
practices.
3) Security
Plan and Recordkeeping (145 points):
A)
Measure 1 (40 points): The applicant's security plan demonstrates its ability
to prevent the theft or diversion of cannabis and how the plan will assist with
ISP, Department, and local law enforcement. Specifically, it shall evidence
compliance with all items in Sections 1300.455,
1300.480
and 1300.485;
B) Measure 2 (40
points): The applicant demonstrates that its plan for record keeping, tracking
and monitoring inventory, quality control and security, and other policies and
procedures will discourage unlawful activity. It also describes the applicant's
plan to dispose of unused or surplus cannabis and cannabis-infused products in
cooperating with ISP and the Department;
C) Measure 3 (40 points): The applicant's
security plan shall describe:
i) the
enclosed, locked facility that will be used to secure or store cannabis,
cannabis-infused products;
ii) its
security measures, including when the location is closed for business;
and
iii) the steps taken to ensure
that cannabis and cannabis-infused products are not visible to the
public;
D) Measure 4 (25
points): The applicant's plan to apply for a Transporter License or plan to
work with a licensed transporter and the applicant's procedures for safely and
securely delivering cannabis-infused products to cannabis business
establishments.
4)
Infusing Plan (75 points):
A) Measure 1 (25
points): The applicant shall describe its plan to provide a steady,
uninterrupted supply of cannabis-infused products to registered
dispensaries;
B) Measure 2 (25
points): The applicant demonstrates knowledge of infusion methods to be used in
the production of cannabis-infused products;
C) Measure 3 (25 points): The applicant
demonstrates the steps that will be taken to ensure the quality, including the
purity and consistency, of the cannabis-infused products to be provided to
dispensaries.
5) Product
Safety and Labeling Plan (95 points):
A)
Measure 1 (35 points): The applicant shall describe its plan for providing safe
and accurate packaging and labeling of cannabis-infused products;
B) Measure 2 (35 points): The applicant shall
describe its plan for testing and ensuring that all cannabis-infused products
are free of contaminants, including but not limited to pesticides,
microbiological contaminants, and residual solvent;
C) Measure 3 (25 points): The applicant shall
describe its plan for establishing a recall of the applicant's cannabis-infused
products in the event that they are shown by testing or other means to be, or
potentially to be, defective or have a reasonable probability that their use or
exposure to these products will cause serious adverse health consequences. At a
minimum, the plan should include the method of identification of the products
involved; notification to the dispensary organization or others to whom the
product was sold or otherwise distributed; and how the products will be
disposed of if returned to or retrieved by the applicant.
6) Applicant's Business Plan and Services to
be Offered (110 points):
A) Measure 1 (40
points): The applicant shall provide a business plan that describes how the
infuser plans to operate on a long-term basis. This shall include the applicant
providing a detailed description about the amount and source of the equity and
debt commitment for the proposed infuser that demonstrates the immediate and
long-term financial feasibility of the proposed financing plan, the relative
availability of funds for capital and operating needs, and the financial
capability to undertake the project;
B) Measure 2 (40 points): The applicant or
its officers, board members, or incorporators demonstrates experience in
business management and/or having industry, laboratory, agricultural or
horticultural experience and the extent of their involvement in or ability to
influence the day-to-day operations of the facility;
C) Measure 3 (30 points): The business plan
demonstrates a start-up timetable that provides an estimated time from license
approval of the infuser to full operation, and the assumptions used for the
basis of those estimates.
7) Applicant's Status as a Social Equity
Applicant (200 points).
8)
Applicant's Labor and Employment Practices (20 points). Provide a safe, healthy
and economically beneficial working environment for its employees, including,
but not limited to, its plans regarding workplace safety and environmental
standards, codes of conduct, healthcare benefits, educational benefits,
retirement benefits, living wage standards, and entering a labor peace
agreement with employees.
9)
Applicant's Environmental Plan (20 points):
A) Measure 1 (10 points): The applicant's
ability to demonstrate an environmental plan of action to minimize the carbon
footprint, environmental impact, and resource needs for the production of
cannabis-infused products;
B)
Measure 2 (10 points): The applicant's ability to describe any plans for the
use of alternative energy, the treatment of waste water and runoff, and
scrubbing or treatment of exchanged air;
10) The applicant is 51% or more owned and
controlled by an individual or individuals who have been Illinois residents for
the past 5 years as proved by tax records and other documentary evidence as
permitted by the Act (90 points);
11) The applicant is 51% or more controlled
and owned by an individual or individuals who meet the qualifications of a
veteran as defined in Section 45-57 of the Illinois Procurement Code (20
points);
12) Applicant's Diversity
Plan (100 points): A narrative of not more than 2,500 words that establishes a
goal of diversity in ownership, management, employment, and contracting to
ensure that diverse participants and groups are afforded equality of
opportunity.
b) The
Department may award up to 2 bonus points when an applicant makes a commitment
to engage with the community. Applicants are not required to complete the bonus
point category. Bonus points will only be awarded if the Department receives
applications that receive an equal score. An applicant that desires to make a
commitment to engage with the community may choose one of the following
options:
1) Community Benefits Plan: The
applicant commits to the establishment of an incubator program designed to
increase participation in the cannabis industry by persons who would qualify as
Social Equity Applicants;
2)
Substance Abuse Prevention Plan: The applicant commits to providing financial
assistance to substance abuse treatment centers;
3) Local Community/Neighborhood Report: The
applicant commits to educating children and teens about the potential harms of
cannabis use.
c) Should
the applicant be awarded a license, the information and plan that an applicant
provided in its application becomes a mandatory condition of the license. If a
licensee fails to comply with standard and special conditions of the license,
the Department may assess a penalty or seek suspension or revocation of the
license pursuant to Subpart G (Enforcement and Immunities).
d) In the event that 2 or more qualified
applicants for an Infuser License receive the same total score, the Department
will distribute the remaining available licenses by lot.
1) The drawing by lot for all remaining
available licenses will occur on the same day; and
2) The process for distributing remaining
available licenses will be recorded by the Department in a format of its
discretion.
e) The
Department may verify information contained in each application and
accompanying documentation to assess the applicant's character and fitness to
operate an infuser. Notwithstanding an applicant satisfying the foregoing
selection criteria, the Department may, in its discretion, refuse to issue a
license if it is not satisfied that an applicant, or any one required to be
identified in the application, or identified pursuant to Sections
1300.400,
1300.405 and 1300.445, is a person of good character, honesty and integrity,
and is not:
1) A person who creates or
enhances the dangers of unlawful practices, methods and activities in the
cannabis industry, including, but not limited to, product diversion;
2) A person who presents questionable
business practices and financial arrangements incidental to the cannabis
industry; or
3) A person who has
had a cannabis dispensary or cultivation center license revoked, suspended or
sanctioned in any other jurisdiction.