In January 2023, Rep. Bob Morgan introduced HB1189, which would have refunded the excess money from the Compassionate Use of Medical Cannabis Fund back to registered medical cannabis patients in Illinois. HB1189 never advanced beyond the Rules Committee, but the excess funds were allocated elsewhere by law as part of the final State budget.
Instead of refunding the excess money back to registered medical-cannabis patients in Illinois, the sum of $40,000,000 from the Compassionate Use of Medical Cannabis Fund was transferred to the Cannabis Business Development Fund. The signing of the final budget ensured that no medical cannabis patient would receive refunds, as HB1189 proposed, “on June 30, 2024 or June 30 of any subsequent year.”
The $40,000,000 transferred from the Compassionate Use of Medical Cannabis Fund into Cannabis Business Development Fund was increased from $12,000,000. The added language to the budget stated, “In addition to any other transfers that may be provided for by law, on July 1, 2023, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $40,000,000 from the Compassionate Use of Medical Cannabis Fund to the Cannabis Business Development Fund.”
The Compassionate Use of Medical Cannabis Fund was originally created in the State treasury “to be used exclusively for the direct and indirect costs associated with the implementation, administration, and enforcement of this Act. Funds in excess of the direct and indirect costs associated with the implementation, administration, and enforcement of this Act shall be used to fund crime prevention programs.” The law originally stated, “Notwithstanding any other law to the contrary, the Compassionate Use of Medical Cannabis Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Compassionate Use of Medical Cannabis Fund into any other fund of the State.”
All moneys collected under Early Approval Adult Use Dispensing Organization Licenses issued before January 1, 2021 and remunerations made as a result of transfers of permits awarded to Qualified Social Equity Applicants shall be deposited into the Cannabis Business Development Fund. The Cannabis Business Development Fund was a special fund created in the State treasury, which shall be held separate and apart from all other State moneys, to be known as the Cannabis Business Development Fund.
The Cannabis Business Development Fund shall be exclusively for the following purposes:
To provide low-interest rate loans to Qualified Social Equity Applicants to pay for ordinary and necessary expenses to start and operate a cannabis business establishment permitted by this Act;
To provide grants to Qualified Social Equity Applicants to pay for ordinary and necessary expenses to start and operate a cannabis business establishment permitted by this Act;
To compensate the Department of Commerce and Economic Opportunity for any costs related to the provision of low-interest loans and grants to Qualified Social Equity Applicants;
To pay for outreach that may be provided or targeted to attract and support Social Equity Applicants and Qualified Social Equity Applicants;
To conduct any study or research concerning the participation of minorities, women, veterans, or people with disabilities in the cannabis industry, including, without limitation, barriers to such individuals entering the industry as equity owners of cannabis business establishments; and
To assist with job training and technical assistance for residents in Disproportionately Impacted Areas.
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