Illinois Administrative Code
Title 86 - REVENUE
Part 423 - CANNABIS PURCHASER EXCISE TAX
Section 423.105 - Definitions
Universal Citation: 86 IL Admin Code ยง 423.105
Current through Register Vol. 48, No. 38, September 20, 2024
"Act" means the Cannabis Regulation and Tax
Act. [410 ILCS 705]
"Adjusted
delta-9-tetrahydrocannabinol level" means, for a delta-9-tetrahydrocannabinol
dominant product, the sum of the percentage of delta-9-tetrahydrocannabinol
plus .877 multiplied by the percentage of tetrahydrocannabinolic acid.
[410 ILCS
705/65-5]
"Automated sales
suppression device" or "zapper" means a software program that falsifies the
electronic records of an electronic cash register or other point-of-sale
system, including, but not limited to, transaction data and transaction
reports. The term includes the software program, any device that carries the
software program, or an Internet link to the software program.
[410 ILCS
705/65-38]
"Cannabis"
means:
marijuana, hashish, and other substances that
are identified as including any parts of the plant Cannabis sativa and
including derivatives or subspecies, such as indica, of all strains of
cannabis, whether growing or not;
the seeds
of the plant;
the resin extracted from any
part of the plant;
any compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds,
or resin, including tetrahydrocannabinol (THC) and all other naturally produced
cannabinol derivatives, whether produced directly or indirectly by extraction;
and
cannabis flower, concentrate, and
cannabis-infused products.
"Cannabis" does not include:
the mature stalks of
the plant;
fiber produced from the
stalks;
oil or cake made from the seeds of
the plant;
any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature stalks
(except the resin extracted from it), fiber, oil or cake;
the sterilized seed of the plant that is incapable of
germination;
industrial hemp as defined
and authorized under the Industrial Hemp Act [505 ILCS 5];
or
cannabis that is subject to tax under the
Compassionate Use of Medical Cannabis Program Act [410 ILCS
130]. [410 ILCS
705/1-10]
"Cannabis business establishment" means a cultivation center, craft
grower, infuser organization, processing organization, dispensing organization,
or transporting organization. [410 ILCS
705/1-10]
"Cannabis
concentrate" means a product derived:
from cannabis
that is produced by extracting cannabinoids, including tetrahydrocannabinol
(THC), from the plant through the use of:
propylene
glycol, glycerin, butter, olive oil or other typical cooking
fats;
water, ice, or dry ice;
or
butane, propane, CO2, ethanol, or
isopropanol; and
with the
intended use of smoking or making a cannabis-infused product.
[410 ILCS
705/1-10]
"Cannabis flower" means marijuana, hashish, and other substances that
are identified as including any parts of the plant Cannabis sativa and
including:
derivatives or subspecies, such as indica,
of all strains of cannabis; and
raw kief,
leaves, and buds, but not:
resin that has been
extracted from any part of the plant; nor
any compound, manufacture, salt, derivative, mixture, or preparation of
the plant, its seeds, or resin. [410 ILCS
705/1-10]
"Cannabis-infused product" means beverage, food, oils, ointments,
tincture, topical formulation, or another product containing cannabis that is
not intended to be smoked. "Cannabis-infused product" does not include
cannabis concentrates. [410 ILCS
705/65-5]
"Cannabis
Purchaser Excise Tax" or "Tax" means the tax imposed by Section 65-10 of the
Law.
"Craft grower" means a facility
operated by an organization or business that is licensed by the Department of
Agriculture to cultivate, dry, cure, and package cannabis and perform other
necessary activities to make cannabis available for sale at a dispensing
organization or use at a processing organization. A craft grower may contain up
to 5,000 square feet of canopy space on its premises for plants in the
flowering state. The Department of Agriculture may authorize an increase or
decrease of flowering stage cultivation space in increments of 3,000 square
feet by rule based on market need, craft grower capacity, and the licensee's
history of compliance or noncompliance, with a maximum space of 14,000 square
feet for cultivating plants in the flowering stage, which must be cultivated in
all stages of growth in an enclosed and secure area. A craft grower may share
premises with a processing organization or a dispensing organization, or both,
provided each licensee stores currency and cannabis or cannabis-infused
products in a separate secured vault to which the other licensee does not have
access or all licensees sharing a vault share more than 50% of the same
ownership. [410 ILCS
705/1-10]
"Cannabis
retailer" means a dispensing organization that sells cannabis for use and not
for resale. [410 ILCS
705/65-5]
"Department"
means the Department of Revenue. [410 ILCS
705/65-5]
"Dispensary"
means a facility operated by a dispensing organization at which activities
licensed by the Act may occur. [410 ILCS
705/1-10]
"Dispensing
organization" means a facility operated by an organization or business that is
licensed by the Department of Financial and Professional Regulation to acquire
cannabis from a cultivation center, craft grower, processing organization,
infuser, or another dispensary for the purpose of selling or dispensing
cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related
supplies under the Act to purchasers or to qualified registered medical
cannabis patients and caregivers. As used in the Act, dispensing organization
includes a registered medical cannabis organization as defined in the
Compassionate Use of Medical Cannabis Program Act or its successor Act that has
obtained an Early Approval Adult Use Dispensing Organization License.
[410 ILCS
705/1-10]
"Electronic cash
register" means a device that keeps a register or supporting documents through
the use of an electronic device or computer system designed to record
transaction data for the purpose of computing, compiling, or processing retail
sales transaction data in any manner. [410 ILCS
705/65-38]
"Infuser
organization" or "infuser" means a facility operated by an organization or
business that is licensed by the Department of Agriculture to directly
incorporate cannabis or cannabis concentrate into a product formulation to
produce a cannabis-infused product. [410 ILCS
705/65-5]
"Law" means the Cannabis
Purchaser Excise Tax Law [410 ILCS 705 /Art. 65].
"Person" means:
a natural individual, firm,
partnership, association, joint stock company, joint adventure, public or
private corporation, limited liability company; or
a receiver, executor, trustee, guardian, or other representative
appointed by order of any court. [410 ILCS
705/65-5]
"Phantom-ware" means a hidden programming option embedded in the
operating system of an electronic cash register or hardwired into an electronic
cash register that can be used to create a second set of records or that can
eliminate or manipulate transaction records in an electronic cash
register. [410 ILCS
705/65-38]
"Purchase
price":
means the consideration paid for a purchase
of cannabis, valued in money, whether received in money or otherwise, including
cash, gift cards, credits, and property; and
shall be determined without any deduction on account of the cost of
materials used, labor or service costs, or any other expense
whatsoever.
However, "purchase
price" does not include consideration paid for:
any
charge for a payment that is not honored by a financial
institution;
any finance or credit charge,
penalty or charge for delayed payment, or discount for prompt payment;
and
any amounts added to a purchaser's bill
because of charges made under the tax imposed by the Cannabis Purchase Excise
Tax Law, the Municipal Cannabis Retailers' Occupation Tax Law [65 ILCS
5/8-11 -23], the County Cannabis Retailers' Occupation Tax Law
[55 ILCS
5/5-1006.8], the Retailers' Occupation Tax
Act [35 ILCS 120], the Use Tax Act [35 ILCS
105], the Service Occupation Tax Act [35 ILCS 115],
the Service Use Tax Act [35 ILCS 110], or any locally imposed
occupation or use tax. [410 ILCS
705/65-5]
"Purchaser" means a person who acquires cannabis for a valuable
consideration. [410 ILCS
705/65-5]
"Smoked" or "smoking"
means changing cannabis from a hard, soft, or liquid form by combustion, heat,
electricity, or batteries into a form that can be inhaled by the
user.
"Taxpayer" means a cannabis retailer who is
required to collect the Tax imposed under the Law. [410 ILCS
705/65-5]
"Transaction
data" includes:
items purchased by a
purchaser;
the price of each
item;
a taxability determination for each
item;
a segregated tax amount for each
taxed item;
the amount of cash or credit
tendered;
the net amount returned to the
customer in change;
the date and time of
the purchase;
the name, address, and
identification number of the vendor; and
the receipt or invoice number of the transaction.
[410 ILCS
705/65-38]
"Transaction report" means a report that documents, without limitation,
the sales, taxes, or fees collected, media totals, and discount voids at an
electronic cash register and that is printed on a cash register tape at the end
of a day or shift, or a report that documents every action at an electronic
cash register and is stored electronically. [410 ILCS
705/65-38]
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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