8 Ill. Adm. Code 1300.102
Application for Conditional Adult Use Cultivation Center License
Section 1300.102 Application for Conditional Adult Use
Cultivation Center License
a) A Conditional
Adult Use Cultivation Center License (CAUCCL) shall be obtained for each
facility prior to commencement of any production activities. The license
shall, along with any other certificate, business license, or other
authorization required to conduct production activities, be posted in a
conspicuous place within the facility.
b) The
Department will accept applications for CAUCCLs 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., they will be considered received on the next business
day.
2) Submissions
received after the 14-day period, or by a means other than required in this
subsection (b), shall be returned to the applicant.
3) Notification
of the availability of applications,
instructions for completion and submission of
applications, and application forms
will be posted on the Department's
website at www.agr.state.il.us/. Application forms will be made available
online at that website.
c) The
license 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. 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 1300.105(b). 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 along with a deficiency notice from the Department. The applicant
shall then have
10 calendar days from the date of the deficiency notice
to resubmit the application in its entirety.
Applications that are still
incomplete after this opportunity to cure will not be scored and will be
returned
to the applicant
.
[410 ILCS 705/20-15(c)] 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.
d) An
applicant applying for a CAUCCL shall submit, in duplicate, the following:
1)
The
legal name of the cultivation center;
2)
The
proposed physical address of the cultivation center;
3)
A
description of the enclosed, locked facility where cannabis will be grown,
harvested, manufactured, processed, packaged, or otherwise prepared for
distribution to a dispensing organization;
4)
The
name, address, social security number, and date of birth of each principal
officer and board member of the cultivation center; each principal officer and
board member shall be at least 21 years of age;
5)
The
details of any administrative or judicial proceeding in which any of the
principal officers or board members of the cultivation center:
A)
Pled
guilty or were convicted, fined, or had a registration or license suspended or
revoked; or
B)
Managed
or served on the board of a business or non-profit organization that pled
guilty or was convicted, fined, or had a registration or license suspended or
revoked;
6)
Cultivation,
processing, inventory, and packaging plans;
7)
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,
cannabis container tracking
system,
accurate record keeping, staffing plan, and security plan
reviewed
by ISP that are in accordance with the rules issued by the Department under the
Act.
A physical inventory shall be performed of all plants and 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;
8)
Proposed
employment practices, in which the applicant must demonstrate a plan of action
to inform, hire, and educate minorities, women, veterans, and persons with
disabilities, engage in fair labor practices, and provide worker protections;
9) A
statement demonstrating
experience in or business practices that promote
economic empowerment in Disproportionately Impacted Areas;
10) A
statement demonstrating
experience with the cultivation of agricultural or
horticultural products, operating an agriculturally related business, or
operating a horticultural business;
11)
Any
academic degrees, certifications, or relevant experience with related
businesses;
[410 ILCS 705/20-15]
12)
The
identity of every person, association, trust,
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 Compassionate Use of
Medical Cannabis Program Act)
13) If
a sole proprietorship, the name, residence and date of birth of the owner;
14) If
a partnership, the names and addresses of all partners, both general and
limited
(Section 85 of the Compassionate Use of Medical Cannabis Program
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 SOS 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 SOS, and a Certificate
of Good Standing from SOS dated within the last 60 days;
15) 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 SOS 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 SOS, and a
Certificate of Good Standing from SOS dated within the last 60 days;
16) If
a corporation based in Illinois, a copy of the Articles of Incorporation and a
copy of the Certificate of Good Standing issued by SOS or obtained from the SOS
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 SOS, and a Certificate of Good
Standing from SOS dated within the last 60 days. If using an assumed name
(d/b/a), a copy of the assumed name registration issued by SOS. Additionally,
applicants shall include
the names and addresses of all stockholders and
directors of the corporation
(Section 85 of the Compassionate Use of
Medical Cannabis Program Act);
17) 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 SOS or obtained from the SOS
website within the last 60 days, and a listing of the members of the limited
liability company and their 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 SOS, all dated within the last 60 days;
18) If
another type of business entity, the same or similar information, as
applicable, to that listed in this subsection (d);
19)
Verification
from
ISP
that all background checks of the prospective principal
officers, board members, and agents of the cannabis business establishment have
been conducted.
If ISP has not completed the background check,
then the applicant shall provide verification that the request has been
submitted to ISP;
20)
A
copy of the current local zoning ordinance or
permit and
verification
that the proposed cultivation center is in compliance with the local zoning
rules and distance limitations established by the local jurisdiction;
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; 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,
and consent to that use 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; 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, 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, and consent to that use by any mortgagees and/or perfected
lienholders;
21)
A
non-refundable application fee
;
22)
A
survey of the enclosed, locked facility, including the space used for
cultivation;
23) A
map of the cultivation center. The map must clearly demonstrate that the
proposed cultivation center is not located within 1,500 feet of another
cultivation center or craft grower;
24) 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;
25) Documentation
acceptable to the Department that the individual or entity filing the
application has at least $100,000 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;
26) 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;
27) All
relevant financial information set forth in Section 1300.103;
28) If any
principal officers or board members are currently, or have previously been, 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 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;
29)
A
plan describing how the cultivation center will address each of the following:
A)
Energy
needs, including estimates of monthly electricity and gas usage, to what extent
it will procure energy from a local utility or from on-site generation, and if
it has or will adopt a sustainable energy use and energy conservation policy;
B)
Water
needs, including estimated water draw and if it has or will adopt a sustainable
water use and water conservation policy; and
C)
Waste
management, including if it has or will adopt a waste reduction policy;
30)
A
diversity plan that includes 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;
31) The
applicant's recycling plan describing the following commitments:
A)
Purchaser
packaging, including cartridges, shall be accepted by the applicant and
recycled;
B)
Any
recyclable waste generated shall be recycled per applicable State and local
laws, ordinances, and rules; and
C)
Any
cannabis waste, liquid waste, or hazardous waste shall be disposed of in
accordance with
8 Ill. Adm. Code 1300.840
, except, to the greatest
extent feasible, all cannabis plant waste will be rendered unusable by grinding
and incorporating the cannabis plant waste with compostable mixed waste to be
disposed of in accordance with
8 Ill. Adm. Code 1300.840
;
32) A
statement describing the applicant's
commitment to comply with local waste provisions.
A cultivation facility must remain in compliance with applicable State and
federal environmental requirements, including, but not limited to:
A)
Storing,
securing, and managing all recyclables and waste, including organic waste composed
of or containing finished cannabis and cannabis products, in accordance with
applicable State and local laws, ordinances, and rules; and
B)
Disposing
liquid waste containing cannabis or byproducts of cannabis processing in
compliance with all applicable State and federal requirements, including, but
not limited to permits under Title X of the Environmental Protection Act
(Permits);
33) A
commitment
to use resources efficiently, including energy and water
.
A)
Lighting
The Lighting Power Densities
(LPD) for cultivation space does not exceed an average of 36 watts per gross
square foot of active and growing space canopy, or all installed lighting
technology shall meet a photosynthetic photon efficacy (PPE) of no less than
2.2 micromoles per joule fixture and shall be featured on the Design Lights
Consortium (DLC) Horticultural Specification Qualified Products List (QPL). In
the event that DLC requirement for minimum efficacy exceeds 2.2 micromoles per
joule fixture, that PPE shall become the new standard;
B)
HVAC
i)
For
cannabis grow operations with less than 6,000 square feet of canopy, the
licensee commits that all HVAC units will be high-efficiency ductless split
HVAC units, or other more energy efficient equipment;
ii) For
cannabis grow operations with 6,000 square feet of canopy or more, the licensee
commits that all HVAC units will be variable refrigerant flow HVAC units, or
other more energy efficient equipment;
C)
Water
Application
i) A
commitment
to
use automated watering systems, including, but not
limited to, drip irrigation and flood tables, to irrigate cannabis crop
;
ii) A
commitment
to measure runoff from watering events and report this volume in
its water usage plan, and that, on average, watering events shall have no more
than 20% of runoff of water;
D)
Filtration.
A commitment that HVAC condensate, dehumidification water, excess runoff, and
other wastewater produced shall be captured and filtered to the best of the
facility's ability to achieve the quality needed to be reused in subsequent
watering rounds;
[410 ILCS 705/20-15]
34) If
applicable, the applicant's status as a Social Equity Applicant, as
demonstrated by:
A) Evidence
of the applicant's status as an "Illinois resident" as demonstrated
by incorporation documents, or, if applying as an individual, at least 2 of the
following:
i) a
signed lease agreement that includes the applicant's name;
ii) a
property deed that includes the applicant's name;
iii) school
records;
iv) voter
registration card;
v) an
Illinois driver's license, ID card, or a Person with a Disability ID card;
vi) a
paycheck stub;
vii) a
utility bill; or
viii) any
other proof of residency or other information necessary to establish
residence.
B) A
person must have been domiciled in the State for a period of 30 days to be an "Illinois
resident" as used in the application; and one of the following:
i) Evidence
the person or persons owning and controlling at least 51% of the proposed
license have lived in a Disproportionately Impacted Area for 5 of the preceding
10 years as demonstrated by, but not limited to, tax filings, voter
registrations, leases, mortgages, paycheck stubs, utility bills, insurance
forms, or school records that include the qualifying principal officers' names
on them;
ii) Evidence
the person or persons owning and controlling at least 51% of the proposed
license have been arrested for, convicted of, or adjudicated delinquent for any
offense made eligible for expungement by the Act. If the arrest, conviction or
adjudication has been sealed or expunged, the applicant shall provide records
of that action; or
iii) Evidence
the person or persons owning and controlling at least 51% of the proposed license
has had a parent, legal guardian, child, spouse or dependent, or was a
dependent of an individual who, prior to June 25, 2019, was arrested for,
convicted of, or adjudicated delinquent for any offense made eligible for
expungement by the Act. If the arrest, conviction, or adjudication has been
sealed or expunged, the applicant shall provide records of that action. The
applicant must also provide evidence of the relationship between the
applicant's principal officer or officers and the person who was arrested for,
convicted of, or adjudicated delinquent for any offense made eligible for
expungement by the Act; or
iv) Evidence
that the applicant employs 10 or more full-time employees and evidence that 51%
or more of those employees currently reside in a Disproportionately Impacted Area;
have been arrested for, convicted of, or adjudicated delinquent for any offense
that is eligible for expungement under the Act; or are members of an
"impacted family" as that term is defined in the Act. The applicant
must provide evidence of the required status for each employee. The applicant
shall also provide evidence the employees were engaging in full time work as of
the date the application was submitted. If employee information or employment
status of employees changes before licenses are awarded, the applicant has a
duty to notify the Department of the change in employee information or status.
e) The applicant shall sign
a notarized statement certifying that:
1) The
cultivation center will register with DOR if the applicant is granted a
license;
2) The application is
complete and accurate;
3) 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 licensed 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
cannabis may affect an individual's ability to receive federal or State
licensure in other areas;
F) Use
of 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 Article 45 of the Act, does not provide any
immunity from, or affirmative defense to arrest, or prosecution under federal
or State law; and
H) Applicants
shall indemnify and hold harmless, the State of Illinois for any and all civil
or criminal penalties resulting from participation in the program; and
4) All
of applicant's principal officers expressly agree to be subject to service of
process in Illinois with a current Illinois address on file with the
Department.