Ill. Admin. Code tit. 8 § 1000.50

Current through Register Vol. 48, No. 50, December 13, 2024

Section 1000.50 - Permits - General Provisions

a) A cultivation center permit issued under this Part is the property of the State of Illinois and shall be surrendered upon demand of the Department.

b) As part of the permit process, all applicants for a cultivation center permit shall sign a written statement certifying under penalty of perjury that:

1) All of the information provided on the application is true and accurate to the best of the applicant's knowledge and that the applicant must notify the Department of any significant changes to any of the information provided to the Department during the application process, such as but not limited to ownership, financial interest, operational structure and criminal history.

2) The applicant understands that the medical cannabis laws and enforcement of the laws by the State of Illinois and the federal government are subject to change at any time.

3) The applicant understands that the cultivation center permit is not transferable, except as provided in Section 1000.120, and that the permit is the property of the State of Illinois and shall be surrendered upon demand of the Department.

4) The applicant specifically acknowledges receipt and advisement of the notices contained in the application and agrees to and accepts the limitations of liability and the requirement to indemnify, hold harmless and defend the State of Illinois, including:

A) Limitation of Liability - the State of Illinois shall not be liable to the permitted cultivation center, the cultivation center's agents, family members or guests for any damage, injury, accident, loss, compensation or claim, based on, arising out of, or resulting from the permitted cultivation center's participation in the Compassionate Use of Medical Cannabis Pilot Program, including, but not limited to, the following: arrest, seizure of persons and/or property, prosecution pursuant to State or federal laws by State or federal prosecutors, any fire, robbery, theft, mysterious disappearance or any other casualty; or the actions of any other permittees, registrants or persons. This Limitation of Liability provision shall survive expiration or the early termination of the permit.

B) Hold Harmless/Indemnification - the permitted cultivation center, its principal officers, board members, producer backers, agents, employees, family members or guests shall hold harmless and/or indemnify the State of Illinois, its officers and employees against any civil action or criminal penalty commenced against the State and/or its officers or employees resulting from participation in the Compassionate Use of Medical Cannabis Pilot Program.

C) Federal Prosecution - the United States Congress has determined that cannabis is a controlled substance. Illinois has placed cannabis in Schedule I of the Illinois Controlled Substances Act. Growing, distributing, transporting and possessing cannabis in any capacity, other than as part of a federally authorized research program, is a violation of federal laws. The State of Illinois' Compassionate Use of Medical Cannabis Pilot Program Act does not authorize any permittee to violate federal or state laws.

5) The applicant understands that medical cannabis shall be transported only in a medical cannabis container as defined in Section 1000.10.

6) The applicant understands that unused medical cannabis shall not be transferred, shared, given or delivered to any other person regardless of whether that person is participating in the Compassionate Use of Medical Cannabis Pilot Program.

7) The applicant understands that qualifying patients and caregivers shall not grow or cultivate medical cannabis other than as a cultivation center agent.

8) The applicant understands that the Department may deny an application if the documentation is incomplete, or if the Department determines, after an inquiry or investigation, that the information provided was false, misleading, forged or altered.

9) The applicant understands that, upon issuance of a permit, the cultivation center is subject to random inspections by the Department, ISP and DPH.

Ill. Admin. Code tit. 8, § 1000.50

Adopted at 38 Ill. Reg. 16731, effective 7/25/2014.