Ill. Admin. Code tit. 68 § 1291.60

Current through Register Vol. 48, No. 40, October 4, 2024

Section 1291.60 - Unprofessional, Dishonorable, or Unethical Conduct

Unprofessional, dishonorable, or unethical conduct includes, but is not limited to, the following actions and/or omissions:

a) Failing to establish and maintain effective controls against the theft or diversion of cannabis;

b) Committing, or attempting to commit, theft or diversion of cannabis;

c) Failing to follow rules and procedures established by the dispensing organization;

d) Failing to comply with law enforcement agencies, other state, local or federal agencies, or the Department;

e) Discriminating in any manner against a person or group based on religion, race, creed, color, gender, gender identity, sexual orientation, age, disability or national origin;

f) Selling products to a medical cannabis patient who is a minor in violation of the Illinois Department of Public Health rules (77 Ill. Adm. Code 946.280);

g) Selling or attempting to sell products to an individual under age 21 or failing to establish or maintain effective controls against selling cannabis to an individual under age 21;

h) Misuse or attempted misuse of an agent ID card, and/or medical cannabis patient card, including, but not limited to: operating under an expired agent ID card, and/or medical cannabis patient card, falsely presenting oneself as a licensed agent, AIC, principal officer, and/or medical cannabis patient;

i) Tampering with, falsifying, altering, modifying or duplicating an agent ID card, and/or medical cannabis patient card, or any attempt thereof;

j) Misrepresentation or attempt to misrepresent cannabis and/or cannabis-infused product, including, but not limited to, weight, quality, percentage of THC, or efficacy;

k) Failing to report to the Department that the dispensing organization has received notice in any form or from any person, that cannabis or cannabis-infused products produced in a licensed cultivation center, craft grower, or infuser organization has failed a test performed by a laboratory within two calendar days. Tests may include, but are not limited to, all information contained within the laboratory testing rules found at 8 Ill. Adm. Code 700;

l) Allowing an individual into a limited access area who is not permitted into a limited access area, as that term is defined in the Act;

m) Engaging in activity that requires a license under the Act or this Part while not holding an active license;

n) Making or filing a report or record that the individual knows to be false;

o) Intentionally or negligently failing to file a report or keep records as required by the Act or this Part;

p) Knowingly selling or transferring cannabis using a patient's medical cannabis card after the death of the person who holds the medical cannabis card;

q) Failing to keep a dispensary in sanitary condition, including, but not limited to, failing to keep the dispensary free from insects, rodents and/or vermin; or from mold and/or fungus; and/or complying with local health code requirements;

r) Billing or charging for quantities of cannabis different than was dispensed;

s) Demonstrating actual or potential inability to dispense under the Act or this Part with reasonable skill, safety or judgment;

t) Engaging in activities that cause actual harm to any member of the public;

u) Dispensing cannabis after the use by date on the label of cannabis;

v) Dispensing defective cannabis which shall include, but is not limited to, cannabis which has failed any laboratory testing, cannabis that has expired, cannabis that has been tampered with, or cannabis that otherwise poses a threat to public safety;

w) Knowingly aiding or assisting another in any of the above violations; or

x) Any violation of the Act or this Part.

Ill. Admin. Code tit. 68, § 1291.60

Added at 48 Ill. Reg. 13377, effective 8/20/2024