2022 Transporter Application Questions and Answers

1. Will admitting prior experience or use of cannabis, during its prohibition, disqualify an applicant from obtaining a license?

No

2. Are there formatting requirements for the application and the exhibits? Are there limitations in terms of page size, font, or file type?

All submitted materials should be readable and in a pdf format. Single or double-spaced materials are permitted. Applicants should follow application instructions and exhibit descriptions regarding page limits and file types.

3. When completing the application and exhibits, can we cross-reference other sections and exhibits?

No. When completing the application, applicants should not cross-reference sections and exhibits. Each section and exhibit should "stand alone" and contain all information the applicant desires to submit.

4. Who in the applicant’s organization needs to complete the livescan form? Must they complete even if they are not technically employed by the applicant? Is there a fee for the livescan screening?

All principal officers, board members, and agents. There is a fee for the livescan screening; fees vary by vendor.

5. Is an applicant bound by the information and plans submitted in the application if a license is awarded?

Licenses are awarded based on the information in the application. Licensees are required to notify the Department of any material change. 

6. Who can sign the Notarized Statement on behalf of the Applicant?

Anyone authorized to sign on behalf of the Applicant; the Statement is binding on the Applicant as a whole, not just the signatory.

7. Does the applicant need to have its security plan approved by the Illinois State Police Department prior to submission?

No. If awarded a license, the ISP will review the licensee’s security plan

8. Can an applicant change locations to a different property than the one identified in its application if it is awarded a license?

Yes. See 8 IAC 1300.540 for further details.

9. Are letters of support allowed / can we submit letters of support without penalty?

Letters of support from communities, elected officials, or other prominent persons will not impact an applicant’s score and should not be submitted with the application.

10. Can we use brand names for products planned to be utilized in our facility? For example, if we are using a specific type of security system or camera, can we name the product?

Yes, when discussing non-cannabis products. Applicants should not name any contractors, vendors, suppliers, or supporters. Applicants should be mindful that licenses are awarded based on the information provided in the application and that any variation from that information will require the licensee to apply for a modification and/or alteration and pay the requisite fees, as provided for in the Department’s administrative rules.

11. What do the instructions mean when they say "anonymous"?

Anonymous means the person scoring the application must not be able identify the applicant or any of the applicant’s principal officers. To ensure anonymity, all identifying personal information (i.e., names, addresses, specific business names, etc.) should be removed. Applicants should substitute actual business names with generic terms such as "the craft grower," "the company," or a similar term.

12. Does the application require a signed, contingent security contract as part of the security-plan exhibit?

No. Applications must meet the security requirements of the Act and administrative rules

13. What information should be included with each Exhibit?

The Department has created a chart of reference citations for each Exhibit in the application; it is at the bottom of this page.

14. How does an out-of-state applicant or employee complete the livescan fingerprint screening?

If you reside outside of Illinois and are unable to have your fingerprints taken by an Illinois licensed fingerprint vendor, you may have your fingerprints taken by an out-of-state agency or vendor such as a local police department. Once the fingerprints have been taken, you will need to mail them to an Illinois licensed vendor to be scanned. If you intend to have your fingerprints taken by an out-of-state agency or vendor, please follow the steps below:

1. Identify an Illinois licensed vendor to which you plan to send your fingerprints. Contact the vendor and confirm it will accept your fingerprints from another state. The Illinois licensed vendor must have Card Scan capability to process fingerprints taken by an out-of-state agency or vendor. The Illinois licensed vendor may have further instructions for you.

    

2. Identify a local agency or vendor at which your fingerprints can be taken.

    

3. When you go to the local agency or vendor to have your fingerprints taken, you will bring the Fingerprint Consent Form in the application. This form must be used for fingerprints taken in Illinois or out-of-state.

    

4. Fingerprints must be taken within 30 days of the Supplemental Response being submitted.

    

5. You will then mail the FBI Card and Fingerprint Consent Form to the Illinois licensed vendor you identified in step one of this process. The Illinois licensed vendor will scan your fingerprint card and transmit your fingerprint data electronically to the Illinois State Police (ISP). A Transaction Control Number (TCN) will be assigned at that time. The fingerprint vendor will provide you with a receipt including the date your fingerprints were taken and the TCN number. Please submit this receipt and a copy of the Fingerprint Consent Form with your Application. Be sure to fill out every field on the Fingerprint Consent Form, including the TCN in the Facility Information Section.

15. Does the applicant need to submit fingerprints for employees who were hired pursuant to the Social Equity provisions?

Yes.

16. How many cannabis businesses are currently operational in Illinois?

There are 21 adult use cultivation centers. 40 craft grower licenses and 32 infuser licenses have been issued; not all of those are operational at this time. A list of all craft grower, infuser, and transporter licensees is available at this link. A list of adult use cultivation centers is available at this link. The Department may issue up to 60 additional craft grow licenses later this year; the Department is currently prohibited by court order from issuing those licenses. See the December 21, 2021 License Award update posted on the Adult Use Cannabis webpage for more information.

17. Are you requiring a REDACTED and an UNREDACTED USB for the resubmittal of the 2022 Transportation Application?

No; please see the application instructions for further details about submission.

18. The Exhibits are different on the 2022 Application. If we are submitting the same Exhibit as before but only changing the letters, does that count as a changed exhibit?

If you are using the same exhibit content and only changing the letter, please note that on the cover sheet. It does not need to be resubmitted as an entire exhibit

19. The Community Engagement plan is omitted, it was Exhibit J, so do we omit that and change the Exhibiy Letters?

That Exhibit is not part of the 2022 application and should not be included. Any Exhibit that was included in the 2020 application that is not part of the 2022 application should not be included with the 2022 application submission.

1. Under the Cannabis Regulation and Tax Act, can a transporter deliver cannabis or cannabis-infused products to retail customers?

No. Transporters are not permitted to deliver cannabis or cannabis-infused products to retail customers. As prescribed by 8 Ill. Adm. Code 1300.500(c) and 410 ILCS 705/40-25(b), a transporter may not transport cannabis or cannabis-infused products to any person other than a cultivation center, a craft grower, an infuser, a dispensing organization, a testing facility, or as otherwise authorized by rule.

2. What kind of driver license will be required for the Transporter business? Do transporting agents require a commercial driver's license (CDL)?

A CDL is not required. Transporters may not use commercial motor vehicles with a weight rating of over 10,001 pounds.

3. Can the vehicles be leased?

Licensees are not required to own the vehicles used for transporting cannabis.

4. Do you need to have purchased vehicles at the time of submitting the application? Or is identifying the vehicles you intend to purchase or lease sufficient?

Applicants are not expressly required to own their vehicles at the time of application. However, applicants are required to submit the number and type (make, year, and model) of equipment the transporter intends to use to transport cannabis and cannabis-infused products.

5. Are transporters allowed to have a warehouse/ overnight storage?

No. A transporter license allows the licensee to transport cannabis or cannabis-infused products but does not permit for storage or product holding, outside of the transportation time

6. Is the vehicle supposed to have a build-out for containers attached to the vehicle or are the secured containers stand-alone? What kind of security are transporters allowed in the vehicle? Are drivers allowed to be armed?

Cannabis must be transported in a cannabis container, as defined in the Act. All transportation activities must be conducted in a safe manner in compliance with the Act, the administrative rules, and any other applicable statutes.

7. Can a transporter share its facility with any other entity?

Yes.

8. Can the vehicles used by transporters be used for activities other than cannabis transportation?

The Act and administrative rules do not contain an exclusive use restriction on transporter vehicle use.

9. Does the transporter license require an "Agent in Charge" at the operating office, in the transporting vehicle or both?

The Act and administrative rules do not contain an "agent-in-charge" requirement for transporters.

10. What are the allowed hours of operation for transporter licenses?

The Act and administrative rules do not define the hours of operation for a transporter.

11. Which party is responsible for providing approved packaging for transport?

A transporter shall not transport cannabis until it is first packed in a cannabis container by the shipping establishment. 8 IAC 1300.595(a)(3)

12. Please advise if there are any restrictions in regards where and how transporter licensee for delivery pickup and drop-off area.

Yes. The Department’s administrative rules contain requirements for licensees relating to security cameras and also require that the unloading/loading of cannabis take place in an enclosed, secure area out of public sight.

13. How long does a transporter have to start its operations after awarded a license?

The Act does not include a deadline for a Transporter to commence operations.

14. Does a transporter require multiple licenses to open multiple locations around the state? For example, if an applicant wishes to open a hub near Chicago and a hub near Springfield, does the applicant need to file two separate applications?

Separate applications do not need to be completed for each location, but each location must be disclosed in the application and meet all of the requirements in the Act and rules.

1. Does an applicant need a set physical location to apply? Does the applicant need a building already constructed?

No

2. Is preference given to, or additional points awarded to, applicants whose facilities are located in Disproportionately Impacted Areas?

No. Additional points will not be awarded based on the location of the applicant’s facility.

3. Are there any restrictions or special requirements if the applicant wants to build the facility from scratch?

All facilities must be in compliance with the requirements and restrictions of the Act and the Department’s administrative rules. Applicants should address all questions about building code or other zoning requirements to their local zoning authority.

4. Is there a restriction on owning this business near a school or church? And if so, what is the distance?

There are no setback restrictions for schools or churches in the Act or the Department’s rules or the Act. Applicants are responsible for determining local zoning requirements and complying with them.

5. When the Department evaluates feasibility of property, will it calculate lineal square feet from facility based on the outer perimeter of the property line, distance from the building, or distance from the business operation within the building?

Lineal feet based on the outer perimeter of the property line

1. Does an offense committed in a different state count towards the criteria to meet the definition of a "Social Equity Applicant" under the Cannabis Regulation and Tax Act?

No. The Cannabis Regulation and Tax Act only made offenses committed in Illinois eligible to be expunged. As such, offenses committed in other states cannot be used to qualify an applicant as a Social Equity Applicant.

2. What documentation is sufficient to show that an individual is an eligible impacted family member of a parent, sibling or dependent that was arrested for a qualifying offense? What if that person has a different last name? What if their name has changed after being issued a birth certificate?

Examples of records could include, but are not limited to, income tax forms, court records, insurance forms, bank statements, pension payments, records from public assistance agencies, school records, birth certificates, official government correspondence, or other government records. In the event of a name change, applicants should provide the court records or other government documents documenting that name change.

3. How does the Department calculate the time spent residing in a disproportionately impacted area?

Applicants must show that they lived in a Disproportionately Impacted Area for 60 months. The 60 months do not need to be consecutive.

4. For individuals who did reside in areas that were considered Disproportionately Impacted Areas, but were homeless within the 5 years of the last 10 years, what considerations are given to allow for individuals with this type of experience to show habitation within a Disproportionately Impacted Area?

An applicant who resided in a Disproportionately Impacted Area but was homeless for some or all of the relevant time period may provide a signed Homeless Status Verification form provided by the Illinois Secretary of State (available here: https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a230.pdf) to show they resided in a Disproportionately Impacted Area during that period of time.

5. How is active duty military time within the past 10 years treated for purposes of determining whether the Principal Officer has lived in a Disproportionately Impacted Area for 5 of the last 10 years and counts toward 51% of Social Equity ownership?

Applicants, including veterans or active duty military personnel, may use any residence listed on tax forms submitted to the State of Illinois as their primary residence as evidence of their residence in a Disproportionately Impacted Area. Veterans or active duty military personnel will not be disadvantaged by time spent away from their primary residence due to their military service.

6. What does an applicant need to show to qualify as a Social Equity Applicant based on the status of the applicant’s employees?

To demonstrate evidence as a Social Equity Applicant through employment, applicants must submit something more than a mere statement of qualification. Applicants should submit sufficient records to establish the employees as meeting social equity criteria and to establish their employment with applicant. Examples of such records include, but are not limited to, W-2 and/or W-4 forms, pay stubs, New Hire Reporting Forms submitted to the Illinois Department of Employment Security, payroll records, residency records, income tax forms, court records and disposition papers, utility bills, insurance forms, bank statements, pension payments, records from public assistance agencies, court records, government records and school records.

7. What is the definition of a "full-time" employee?

"Full-time employee" means an individual for whom a W-2 is issued by the applicant and is employed for a basic wage for at least 35 hours each week. "Basic Wage" means compensation for employment that is no less than the legal minimum wage of the jurisdiction in which the person is employed. Salary shall consist of all basic wage compensation not including overtime pay, bonus pay, stock options, awards or any other equity-based incentive, unreimbursed employee expenses or piecemeal rate of pay, or any form of deferred compensation. 10.

8. To qualify as a Social Equity Applicant based on having qualified employees, do all employees need to be Illinois residents?

No, the employees do not all need to be Illinois residents. The applicant must be an Illinois resident but there is no residency requirement for employees.

9. What documents may be submitted a proof of Illinois residency?

Two of the following: (A) a signed lease agreement that includes the applicant's name; (B) a property deed that includes the applicant's name; (C) school records; (D) a voter registration card; (E) an Illinois driver's license, an Illinois Identification Card, or an Illinois Person with a Disability Identification Card; (F) a paycheck stub; (G) a utility bill; and (H) tax records

10. Do Social Equity Applicants get additional time to find a business location?

No.

11. What records are required to demonstrate that an applicant has arrested for, convicted of, or adjudicated for any offense that is eligible for expungement under the Act?

A record of the arrest, conviction, or adjudication from the responsible legal authority. One example of a document that may demonstrate a Principal Officer was arrested for, convicted of, or adjudicated delinquent for an offense that is eligible for expungement pursuant to the Act is a "disposition paper" from the court in the applicable jurisdiction. Applicants that have had their cannabis arrest expunged in the past may: (1) provide a court record showing that an expungement was granted, (2) apply to the circuit court that granted the expungement to unseal the records of the arrest and provide a copy of those records to the Department, or (3) provide any other records that serve as evidence of the prior arrest, conviction, or adjudication. Affidavits from the accused will not be considered sufficient without additional documentation.

12. Can you provide a complete list of "offenses eligible for expungement under this Act"?

Offenses identified in Sections 4 and 5 of the Illinois Cannabis Control Act (720 ILCS 550) that were classified as Class 4 felonies or misdemeanors at the time of the offense are eligible for expungement. None of these crimes are expungable if the offense was associated with a violent crime or a penalty enhancement for selling to a person under the age of 18 if the seller was over the age of 18. Applicants should review whether their offense was charged as a Class 4 felony or any level misdemeanor to verify their eligibility for expungement

13. If I lived in a Disproportionably Impacted Area 2 years ago for 7 years, does that still qualify me as a Social Equity Applicant?

 Applicants must show that they lived in a Disproportionately Impacted Area for 60 months. The 60 months do not need to be consecutive.

14. Must a Social Equity Applicant must also operate the physical business location in the same city or town as the SEA residence?

No

15. Which types of documentation constitute sufficient evidence of residency in a Disproportionately Impacted Area ("DIA") and for Illinois residency?

Sufficient proof of residency is the same whether it is for Illinois residency or to establish residency in a DIA. Residency requires two forms of proof per person per year.

Acceptable forms of proof to establish residency (as described in the definition of "resided" in Section 1-10 of the Act) include:

1. A signed lease agreement that includes the applicant's name;

    

2. A property deed that includes the applicant's name;

    

3. School records;

    

4. A voter registration card;

    

5. An Illinois driver's license, an Illinois Identification Card, or an Illinois Person with a Disability Identification Card;

    

6. A paycheck stub;

    

7. A utility bill; or

    

8. Tax records (e.g. filed copies of federal 1040 tax return (without schedules or other forms), IL-8453 attestation of e-filing, or other tax records). 

    

A document such as a driver's license is acceptable proof for each year in which the license is valid. For example, a driver's license that was issued in September 2017 and expires in September 2021 is acceptable as one of the two required forms of proof of residency for 2017, 2018, and 2019. The principal officer(s) needs to provide a second form of proof of residency for 2017 to 2019 and two additional forms of proof of residency for at least two other years during the last 10 years. 

To satisfy the criteria for Illinois residency when the applicant is a business entity, such as a corporation or a limited liability company, the applicant must have been incorporated in and doing business in Illinois as of the date the application was submitted. A business entity can demonstrate Illinois residency by submitting the incorporation documents on file with the Illinois Secretary of State's Office. If the business entity was incorporated in another state on the day it submitted its application, the applicant cannot change its state of residency.

Any documents that were expressly listed on the application as acceptable forms of proof of residency remain acceptable throughout the entire review process, including responses to deficiency notices.

16. Do property tax records constitute sufficient evidence for DIA qualification for the year they were paid?

Property tax payment records are sufficient evidence of residence in a DIA for the applicable tax payment period, regardless of the date of payment.

17. Does a "Notice of Foreclosure" constitute sufficient evidence for DIA qualification?

A Notice of Foreclosure is sufficient evidence of residence in a DIA during the year of the Notice of Foreclosure.

18. Does a Form IL-1040-X constitute sufficient evidence for DIA qualification if the amendment was submitted after the original submission date?

A Form IL-1040-X is sufficient evidence of residence in a DIA for the applicable tax payment period, regardless of the date filing or the date of the amendment.