8 Ill. Adm. Code 1300.407
License Selection Criteria
Section 1300.407 License Selection Criteria
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.