Section 1290.70 Selection Criteria
IllinoisRegulations
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Illinois Administrative Code › Title 68 PROFESSIONS AND OCCUPATIONS › CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION › Part 1290 RULES FOR ADMINISTRATION OF THE COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Section 1290.70 Selection Criteria
Text
Section 1290.70 Selection
Criteria
a) Applicants must submit all required
information, including that required in Section 1290.50. Failure by an
applicant to submit all required information may result in the application
being disqualified.
b) If the Division receives an application
with missing information, the Division may issue a deficiency notice to the
applicant. The applicant shall have seven calendar days from the date of the deficiency
notice to resubmit the incomplete information. Applications that are still
incomplete after this opportunity to cure will not be scored and will be
disqualified.
c) The Division will award points to
administratively complete applications based on the clarity, organization and
quality of the applicant's responses to required information. Applicants will
be awarded points according to the following categories:
1) Suitability of the Proposed Dispensary
A) A demonstration that the proposed location
is suitable for public access, the layout promotes safe dispensing of medical
cannabis, it is sufficient in size, power allocation, lighting, parking,
handicapped accessible parking spaces, ADA accessible entry and exits, product
handling, and storage.
B) A statement of
reasonable assurance that the issuance of a registration
will not have a detrimental impact on the community
.
2) Security and Recordkeeping
A) The security plan will demonstrate the
capability for the prevention of the theft or diversion of medical cannabis.
The security plan will demonstrate safety procedures for dispensary employees,
patients, provisional patients, OAPP participants and caregivers, and safe
delivery and storage of cannabis and currency. It will demonstrate compliance
with all security requirements in this Part.
B) A plan for recordkeeping, tracking and
monitoring inventory, quality control and other policies and procedures that
will promote standard recordkeeping and discourage unlawful activity
s,
patients, provisional patients, OAPP participants and caregivers, and safe
delivery and storage of cannabis and currency. It will demonstrate compliance
with all security requirements in this Part.
B) A plan for recordkeeping, tracking and
monitoring inventory, quality control and other policies and procedures that
will promote standard recordkeeping and discourage unlawful activity. This
plan will include the applicant's strategy to communicate with the Division and
ISP on the destruction and disposal of cannabis.
3) Applicant's Business Plan, Financials and Operating
Plan
A) The business plan shall describe, at a
minimum, how the dispensing organization will be managed on a long-term basis.
This shall include a description of the State verification system, dispensing
organization's point of sale system, Illinois Cannabis Tracking System, purchases
and denials of sale, confidentiality, and products and services to be offered.
B) The financial plan shall describe, at a
minimum, the source of the $400,000 liquid asset requirement and the amount and
source of the organization's equity and debt commitment to ensure financial
stability, including a demonstration of the immediate and long-term financial
health and resources for the design, development and operation of the
dispensary.
C) The operating plan shall include, at a
minimum, a timetable that provides an estimated time from authorization through
year one of registration and the assumptions used as the basis for those
estimates. It will include best practices for day-to-day dispensary operation
and staffing.
4) Knowledge and Experience
A) The applicant's principal officers must
demonstrate experience and qualifications in business management or experience
with the medical cannabis industry. This includes ensuring optimal safety and
accuracy in the dispensing and sale of cannabis
is for those
estimates. It will include best practices for day-to-day dispensary operation
and staffing.
4) Knowledge and Experience
A) The applicant's principal officers must
demonstrate experience and qualifications in business management or experience
with the medical cannabis industry. This includes ensuring optimal safety and
accuracy in the dispensing and sale of cannabis.
B) The applicant must demonstrate knowledge of
various cannabis product strains or varieties, and describe the types and
quantities of products planned to be sold. This includes confirmation of
whether the dispensary plans to sell medical cannabis paraphernalia or edibles.
d) The Division will award bonus points for
preferred, but not required, initiatives based on the applicant's ability to
meet requirements in the following categories:
1) Labor and Employment Practices: The
applicant may describe plans to provide a safe, healthy and economically beneficial
working environment for its agents, including, but not limited to, codes of
conduct, healthcare benefits, educational benefits, retirement benefits, and
living wage standards.
2) Research Plan: The applicant may provide
the Division with a detailed proposal to conduct, or facilitate, a scientific
study or studies related to the medicinal use of cannabis. The applicant may
include in its proposal a detailed description of:
A) The methodology of the study to accurately
assess the effects of cannabis;
B) The issues to be studied;
C) The methods that will be used to identify
and select study participants;
D) The identity of each person or organization
associated with the study, including the role of each;
E) The duration of the study and anticipated
peer review; and
F) The intended use of the study results
tudy to accurately
assess the effects of cannabis;
B) The issues to be studied;
C) The methods that will be used to identify
and select study participants;
D) The identity of each person or organization
associated with the study, including the role of each;
E) The duration of the study and anticipated
peer review; and
F) The intended use of the study results.
3) Community Benefits Plan: The applicant may
provide a description of plans the applicant has to support the local
community, the class of citizens served,
or a plan for reduction in product costs for indigent patients that
qualify
.
4) Substance Abuse Prevention Plan: The
applicant may provide a detailed description of any plans it will take to
combat substance abuse in its District, including the extent to which the
applicant will partner or work with existing substance abuse programs.
5) Local Community/Neighborhood Report: The
applicant may provide comments, concerns or support received regarding the
potential impact of the proposed location on the local community and
neighborhood.
6) Environmental Plan: The applicant may
demonstrate an environmental plan of action to minimize the carbon footprint,
environmental impact, and resource needs for the dispensary.
7) Verification of Minority-Owned, Female-Owned,
Veteran-Owned or Disabled Person-Owned Business: The minority, female, veteran
or disabled applicants must own at least 51% of the entity applying for
registration. The percentage totals may include any combination of minority, female,
veteran or disabled applicants. The minority, female, veteran or disabled
applicant must also share in control of management and day-to-day operations of
the dispensary
wned or Disabled Person-Owned Business: The minority, female, veteran
or disabled applicants must own at least 51% of the entity applying for
registration. The percentage totals may include any combination of minority, female,
veteran or disabled applicants. The minority, female, veteran or disabled
applicant must also share in control of management and day-to-day operations of
the dispensary. Documentation must be submitted at the time of application that
demonstrates the respective status of the applicant,
including, but not limited to,
certification under the Business Enterprise for Minorities, Females, and
Persons with Disabilities Act [30 ILCS 575] for minority, female or disabled
person applicants, or a DD214 for veteran applicants. For purposes of this subsection,
minority, female, and disabled shall be defined as found in Section 2 of the
Business Enterprise for Minorities, Females, and Persons with Disabilities Act
[30 ILCS 575/2].
8) Illinois Based Applicants: Documentation
that the applicant's principal place of business is headquartered in Illinois,
including the names, addresses and verification of the applicant's proposed agents
that reside in Illinois. The applicant may also provide a plan for generating
Illinois-based jobs and economic development.
e) The Division may verify information
contained in each application and accompanying documentation to assess the
applicant's character and fitness to operate a dispensary
llinois,
including the names, addresses and verification of the applicant's proposed agents
that reside in Illinois. The applicant may also provide a plan for generating
Illinois-based jobs and economic development.
e) The Division may verify information
contained in each application and accompanying documentation to assess the
applicant's character and fitness to operate a dispensary. In addition to the
qualifications required in the Act and this Part, the Division may not grant an
authorization or registration unless
it is satisfied
that the applicant is:
1) A person of good character,
honesty and integrity;
2) A person whose background,
including criminal record, reputation, habits and social or business
associations, does not discredit or tend to discredit public confidence and
trust in the Illinois medical cannabis industry or the State of Illinois, or
pose a threat to the public health, security, safety, morals, good order and general
welfare of the State of Illinois;
3) A person who does not create or
enhance the dangers of unsuitable, unfair or illegal practices, methods and
activities in the conduct of owning a medical cannabis dispensary;
4) A person who does not present
questionable business practices and financial arrangements incidental to the
conduct of owning a medical cannabis dispensary or otherwise;
5) A person who, either
individually or through employees, demonstrates business ability and experience
to establish, operate and maintain a business for the type of license for which
application is made; and
6) A person who does not associate
with, either socially or in business affairs, or employ, persons of notorious
or unsavory reputation or who have extensive police records, or who have failed
to cooperate with an officially constituted investigatory or administrative
body
erience
to establish, operate and maintain a business for the type of license for which
application is made; and
6) A person who does not associate
with, either socially or in business affairs, or employ, persons of notorious
or unsavory reputation or who have extensive police records, or who have failed
to cooperate with an officially constituted investigatory or administrative
body.
f) The Division may, in its discretion, refuse
to issue an authorization to any applicant:
1) Who
is unqualified to perform the duties required of the applicant;
2) Who fails to disclose or states falsely any
information called for in the application;
3) Who has been found guilty of a violation of
the Act, or whose
medical cannabis dispensary or
cultivation center license was
suspended, restricted, revoked or denied
for just cause in any other state; or
4) For any other just cause.
g) Should the applicant be awarded an authorization,
the information and plans provided in the application become a condition of the
authorization. Dispensing organizations have a duty to disclose any material
changes to the application. All changes shall be equal to or better than the
original information or plans. Failure to comply with the conditions or
requirements in the application may subject the dispensing organization to
discipline, up to and including suspension or revocation of its authorization
by the Division. Revocation of an authorization shall serve as a final
administrative decision by the Division.
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