Agent ID & Agent Training
(410 ILCS 705/) Cannabis Regulation and Tax Act.
Section 15-5. Authority
c) No person shall be an officer, director, manager, or employee of a dispensing organization without having been issued a dispensing organization agent card by the Department.
Section 15-40 – Dispensing Organization Agent Identification Card; Agent Training.
a) The Department shall:
1) Verify the information contained in an application or renewal for a dispensing organization agent identification card submitted under this Article, and approve or deny an application or renewal, within 30 days of receiving a completed application or renewal application and all supporting documentation required by rule;
2) Issue a dispensing organization agent identification card to a qualifying agent within 15 business days of approving the application or renewal;
3) Enter the registry identification number of the dispensing organization where the agent works;
4) Within one year from the effective date of this Act, allow for an electronic application process and provide a confirmation by electronic or other methods that an application has been submitted; and
5) Collect a $100 nonrefundable fee from the applicant to be deposited into the Cannabis Regulation Fund.
b) A dispensing agent must keep his or her identification card visible at all times when on the property of the dispensing organization.
c) The dispensing organization agent identification cards shall contain the following:
1) The name of the cardholder;
2) The date of issuance and expiration date of the dispensing organization agent identification cards;
3) A random 10-digit alphanumeric identification number containing at least 4 numbers and at least 4 letters that is unique to the cardholder; and
4) A photograph of the cardholder.
d) The dispensing organization agent identification cards shall be immediately returned to the dispensing organization upon termination of employment.
e) The Department shall not issue an agent identification card if the applicant is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois.
f) Any card lost by a dispensing organization agent shall be reported to the Department of State Police and the Department immediately upon discovery of the loss.
g) An applicant shall be denied a dispensing organization agent identification card if he or she fails to complete the training provided for in this Section.
h) A dispensing organization agent shall only be required to hold one card for the same employer regardless of what type of dispensing organization license the employer holds.
i) Cannabis retail sales training requirements:
1) Within 90 days of September 1, 2019, or 90 days of employment, whichever is later, all owners, managers, employees, and agents involved in the handling or sale of cannabis or cannabis-infused product employed by an adult use dispensing organization or medical cannabis dispensing organization as defined in Section 10 of the Compassionate Use of Medical Cannabis Pilot Program Act shall attend and successfully complete a Responsible Vendor Program.
2) Each owner, manager, employee, and agent of an adult use dispensing organization or medical cannabis dispensing organization shall successfully complete the program annually.
3) Responsible Vendor Program Training modules shall include at least 2 hours of instruction time approved by the Department including:
i. Health and safety concerns of cannabis use, including the responsible use of cannabis, its physical effects, onset of physiological effects, recognizing signs of impairment, and appropriate responses in the event of overconsumption.
ii. Training on laws and regulations on driving while under the influence.
iii. Sales to minors prohibition. Training shall cover all relevant Illinois laws and rules.
iv. Quantity limitations on sales to purchasers. Training shall cover all relevant Illinois laws and rules.
v. Acceptable forms of identification. Training shall include:
A. How to check identification; and
B. Common mistakes made in verification;
vi. Safe storage of cannabis;
vii. Compliance with all inventory tracking system regulations;
viii. Waste handling, management, and disposal;
ix. Health and safety standards;
x. Maintenance of records;
xi. Security and surveillance requirements;
xii. Permitting inspections by State and local licensing and enforcement authorities;
xiii. Privacy issues;
xiv. Packaging and labeling requirement for sales to purchasers; and
xv. Other areas as determined by rule.
k) Upon the successful completion of the Responsible Vendor Program, the provider shall deliver proof of completion either through mail or electronic communication to the dispensing organization, which shall retain a copy of the certificate.
l) The license of a dispensing organization or medical cannabis dispensing organization whose owners, managers, employees, or agents fail to comply with this Section may be suspended or revoked under Section 15-145 or may face other disciplinary action.
m) The regulation of dispensing organization and medical cannabis dispensing employer and employee training is an exclusive function of the State, and regulation by a unit of local government, including a home rule unit, is prohibited. This subsection (m) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
n) Persons seeking Department approval to offer the training required by paragraph (3) of subsection (i) may apply for such approval between August 1 and August 15 of each odd-numbered year in a manner prescribed by the Department.
o) Persons seeking Department approval to offer the training required by paragraph (3) of subsection (i) shall submit a non-refundable application fee of $2,000 to be deposited into the Cannabis Regulation Fund or a fee as may be set by rule. Any changes made to the training module shall be approved by the Department.
p) The Department shall not unreasonably deny approval of a training module that meets all the requirements of paragraph (3) of subsection (i). A denial of approval shall include a detailed description of the reasons for the denial.
q) Any person approved to provide the training required by paragraph (3) of subsection (i) shall submit an application for re-approval between August 1 and August 15 of each odd-numbered year and include a non-refundable application fee of $2,000 to be deposited into the Cannabis Regulation Fund or a fee as may be set by rule.