(410 ILCS 130/115)
(Section scheduled to be repealed on January 1, 2018)
Sec. 115. Registration of dispensing organizations.
(a) The Department of Financial and Professional Regulation may issue up to 60 dispensing organization registrations for operation. The Department of Financial and Professional Regulation may not issue less than the 60 registrations if there are qualified applicants who have applied with the Department of Financial and Professional Regulation. The organizations shall be geographically dispersed throughout the State to allow all registered qualifying patients reasonable proximity and access to a dispensing organization.
(b) A dispensing organization may only operate if it has been issued a registration from the Department of Financial and Professional Regulation. The Department of Financial and Professional Regulation shall adopt rules establishing the procedures for applicants for dispensing organizations.
(c) When applying for a dispensing organization registration, the applicant shall submit, at a minimum, the following in accordance with Department of Financial and Professional Regulation rules:
(1) a non-refundable application fee established by
rule;
(2) the proposed legal name of the dispensing
organization;
(3) the proposed physical address of the dispensing
organization;
(4) the name, address, and date of birth of each
principal officer and board member of the dispensing organization, provided that all those individuals shall be at least 21 years of age;
(5) information, in writing, regarding any instances
in which a business or not-for-profit that any of the prospective board members managed or served on the board was convicted, fined, censured, or had a registration suspended or revoked in any administrative or judicial proceeding;
(6) proposed operating by-laws that include
procedures for the oversight of the medical cannabis dispensing organization and procedures to ensure accurate record keeping and security measures that are in accordance with the rules applied by the Department of Financial and Professional Regulation under this Act. The by-laws shall include a description of the enclosed, locked facility where medical cannabis will be stored by the dispensing organization; and
(7) signed statements from each dispensing
organization agent stating that they will not divert medical cannabis.
(d) The Department of Financial and Professional Regulation shall conduct a background check of the prospective dispensing organization agents in order to carry out this Section. The Department of State Police shall charge a fee for conducting the criminal history record check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the record check. Each person applying as a dispensing organization agent shall submit a full set of fingerprints to the Department of State Police for the purpose of obtaining a State and federal criminal records check. These fingerprints shall be checked against the fingerprint records now and hereafter, to the extent allowed by law, filed in the Department of State Police and Federal Bureau of Investigation criminal history records databases. The Department of State Police shall furnish, following positive identification, all Illinois conviction information to the Department of Financial and Professional Regulation.
(e) A dispensing organization must pay a registration fee set by the Department of Financial and Professional Regulation.
(f) An application for a medical cannabis dispensing organization registration must be denied if any of the following conditions are met:
(1) the applicant failed to submit the materials
required by this Section, including if the applicant's plans do not satisfy the security, oversight, or recordkeeping rules issued by the Department of Financial and Professional Regulation;
(2) the applicant would not be in compliance with
local zoning rules issued in accordance with Section 140;
(3) the applicant does not meet the requirements of
Section 130;
(4) one or more of the prospective principal officers
or board members has been convicted of an excluded offense;
(5) one or more of the prospective principal officers
or board members has served as a principal officer or board member for a registered medical cannabis dispensing organization that has had its registration revoked;
(6) one or more of the principal officers or board
members is under 21 years of age; and
(7) one or more of the principal officers or board
members is a registered qualified patient or a registered caregiver.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
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Last modified: February 18, 2015