Cannabis Transporting Organizations in Illinois

Cannabis Transporting Organizations in Illinois

What does the new Illinois law say about Cannabis Transporting Organizations within the state?

Cannabis transporting organizations are tasked with carrying cannabis or cannabis-infused products within Illinois. These organizations are required to transport cannabis or cannabis-infused products to a cultivation center, a craft grower, an infuser organization, a dispensing organization, a testing facility, or as otherwise authorized by rule.

In this article, we will talk about all you need to know concerning Cannabis Transporting Organizations in Illinois. From the acquisition of licenses, requirements, and prohibitions of transporters to the renewal of licenses.

Issuance of Licenses

Cannabis transporting organizations in Illinois require licenses to operate. These licenses are to be issued by the Department of revenue not later than July 1, 2020. The Department will make the application available from January 7, 2020, and all organizations that require the licenses will have until March 15, 2020, to make their applications.

After that, organizations will have between January 7 and March 15 of every year to make their applications. And if these days fall on a weekend or holiday, the organizations will have until the next business day to apply.

Application for Licenses

Cannabis Transporting Organizations are required to submit their license application forms electronically. The application form should contain;

Some details that will be required for this application include:

  • (1)the nonrefundable application fee of $5,000 or, after January 1, 2021, another amount as set by rule by the Department of Agriculture, to be deposited into the Cannabis Regulation Fund;

  • (2) Name transporting firm;
  • (3) Company’s physical address, if one is proposed;

  • (4) Name, social security number, address, and date of birth of the executive officers as well as the board members; each one of then should be at least 21 years old;
  • (5) the details of administrative or judicial proceeding in which any of the executive officers or member of the board
    (i) pled guilty, was imprisoned, fined, or

    (ii) was a member of board of a company or non-profit organization that pled guilty, was imprisoned, paid fines, or had their license rescinded or suspended;

  • (6) proposed bylaws to manage the firm which includes; a precise bookkeeping plan, staffing system, and a security strategy approved by the State police division and one that aligns with rules provided in this Act. Transporting companies should also conduct a weekly physical inventory.

  • (7) verification of the security screening conducted on members of the firm.
  • (8) Copy of current local permit local zoning ordinance to show the firm with all established local rules.

  • (9) proposed employment terms to show engagement in fair labor practices, and

  • (10) whether an applicant can demonstrate experience in or business practices that promote economic empowerment in Disproportionately Impacted Areas;

  • (11) the number and type of equipment the transporting organization will use to transport cannabis and cannabis-infused products;

  • (12) loading, transporting, and unloading plans;

  • (13) a description of the applicant’s experience in the distribution or security business;

  • (14) the identity of every person having a financial or voting interest of 5% or more in the transporting organization with respect to which the license is sought, whether a trust, corporation, partnership, limited liability company, or sole proprietorship, including the name and address of each person; and

  • (15) any other information required by rule.

Issuance of Licenses

The Department of Agriculture will reward licenses to Cannabis Transporting Organizations in Illinois, on a points system. The score will be based on how precise and organized the application is, as well, and quality of the responses to the information needed.
The organization that scores 85% and more and meet all the requirements for a transporter license will be issued a license within 60 days of submitting their application.
Once an organization receives a license, all the information availed in the application, including its plans, will be a mandatory condition of the permit. Failure to abide by them can necessitate a disciplinary action which may include license revocation.
Organizations that qualify for licenses will also be required to pay $10,000 before they receive their license. This fee is deposited into the Cannabis Regulation Fund.

Denial of Application

Section 40-20 of the cannabis regulation and taxation act states that an application made by Cannabis Transporting Organizations in Illinois can be denied if;

  • (1) An application does not submit all the required materials
  • (2) An application fails to comply with local zoning rules or permit requirements
  • (3) Any board member or principal officers violates the organization’s requirements
  • (4) Any chief officers or board members of the organization are below 21 years of age
  • (5) An application contains false information
  • (6) The principal officer, licensee, board member, or a member with financial or voting interest of 5% or more in the license, is delinquent in filing any tax returns or paying any amount owed to the State of Illinois.

Transporting Organization Requirements and Prohibitions

All licensed transporters are required to;

  • (1) Have procedures for managing the organization plus an inventory monitoring system
  • (2) Only transport cannabis or cannabis-infused products to cultivation center, a testing facility, a craft grower, a dispensing organization, an infuser organization, or as otherwise authorized by rule.
  • (3) Record all the cannabis transported and place it in a cannabis container when transporting
  • (4) Report loss or theft to authorities within 24 hours of the discovery either through, the phone, in person or by writing.
  • (5)Keep anyone under 21 away from vehicles transporting cannabis

Transporting Agent Identification Card

Transportation agents are required to have agent identification cards for them to work for any transporting organization in Illinois.

The agent identification card should contain;

  • (i) Name of agent
  • (ii) Date of issue and expiry
  • (iii) Unique alphanumeric identity number(Should contain 10 digits)
  • (iv) Photo of the cardholder
  • (v) The legal name of the transporter organization that is an employer to the agent

In regards to the card, the Department is mandated to;

  • (1) Determine what information to be availed through the application form
  • (2)Verify the information in an application form and approve or deny an application 30 days after submission
  • (3) Issue agent ID cards 15 days after approval
  • (4) Allow electronic use and confirmation of submissions

The Act requires agents to keep their identification cards visible while on the property of a cannabis business establishment. They are also required to return the identification cards to the organization when their working contract expires or is terminated. If the card is lost, the agent should immediately report to the State Police Department as well as the Department of Agriculture.

Transporting Organization Background Checks

The state of Illinois requires that background checks be conducted on all the prospective principal officers, board members, and agents of the transportation organization before the organization can submit its application for its first license.
The screening will be conducted through the Department of state police. The prospective principal officers, board members, and agents will be required to give their fingerprints for screening.
Organizations will be required to pay a criminal history screening fee, which will be paid to the state police service fund.
Renewal of Transporting Organization Licenses and Agent Identification Cards.
The transporting organization licenses and agent identification cards will be renewed annually upon expiration. The Department of Agriculture will give written or electronic notices of expiration, 90 days before the expiration day.

The Cannabis Transporting Organizations in Illinois should expect to get their renewals 45 days after making a renewal application if;

  • (1) They pay a nonrefundable renewal fee of $10,000 deposited into the Cannabis Regulation Fund
  • (2) The organization’s license has not been revoked or suspended for violating any rules
  • (3) The organization has operated as per the plans set out as part of its application or amendments made to the plan and approved by the Department of Agriculture.
  • (4) The organization has submitted diversity reports as required by the Department
Transporting organizations that fail to renew their licenses before their expiry dates cease to carry out operations until their permit is renewed. Any companies that continue to operate after expiration of their licenses are subject to penalties.
Agents whose identification cards have expired will also be expected to renew them. Those agents who fail to comply will not be allowed to work for any cannabis transporting organization in Illinois. And if they do, they are subject to fines too.
Organizations or agents who are delinquent in filing tax returns or paying money owed to the State of Illinois will not have their licenses renewed.
If you want to obtain a license for your cannabis transporting organization or your agents, you need to call a cannabis lawyer for assistance.

Thomas Howard has been in business for years and can help yours navigate towards more profitable waters.

Thomas Howard was on the ball and got things done. Easy to work with, communicates very well, and I would recommend him anytime.

Our cannabis business attorneys are also business owners.  We can help you structure your business or help protect it from overly burdensome regulations.

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