Loans, financial assistance, and grants to Qualified Social Equity Applicants and Social Equity Lottery Licensees
410 ILCS 705/7-15
in effect(410 ILCS 705/7-15) (Text of Section from P.A. 104-463) Sec. 7-15. Loans, financial assistance, and grants to Qualified Social Equity Applicants and Social Equity Lottery Licensees. (a) The Department of Commerce and Economic Opportunity shall establish grant, loan, and financial assistance programs, subject to appropriations from the Cannabis Business Development Fund, for the purposes of providing financial assistance, loans, grants, and technical assistance to Qualified Social Equity Applicants and holders of a conditional or adult use dispensing organization licenses issued pursuant to Section 15-25, 15-35, 15-35.10, or subsection (c) of Section 15-35.20, so long as the entity meets the definition of a "Social Equity Applicant" pursuant to Section 1-10; the Department of Commerce and Economic Opportunity may review that an applicant for a loan continues to meet the statutory definition of a "Social Equity Applicant". (b) The Department of Commerce and Economic Opportunity has the power to: (1) provide Cannabis Social Equity loans, financial assistance, and grants from appropriations from the Cannabis Business Development Fund to assist Qualified Social Equity Applicants and holders of a conditional or adult use dispensing organization license issued pursuant to Section 15-25, 15-35, 15-35.10, or subsection (c) of Section 15-35.20 in gaining entry to, and successfully operating in, the State's regulated cannabis marketplace, so long as the entity meets the definition of a "Social Equity Applicant" pursuant to Section 1-10; the Department of Commerce and Economic Opportunity may review that an applicant for a loan continues to meet the statutory definition of a "Social Equity Applicant"; (2) enter into agreements that set forth terms and conditions of the financial assistance, accept funds or grants, and engage in cooperation with private entities and agencies of State or local government to carry out the purposes of this Section; (3) fix, determine, charge, and collect any premiums, fees, charges, costs and expenses, including application fees, commitment fees, program fees, financing charges, or publication fees in connection with its activities under this Section; (4) coordinate assistance under the financial assistance programs with activities of the Illinois Department of Financial and Professional Regulation, the Illinois Department of Agriculture, and other agencies as needed to maximize the effectiveness and efficiency of this Act; (5) provide staff, administration, and related support required to administer this Section; (6) take whatever actions are necessary or appropriate to protect the State's interest in the event of bankruptcy, default, foreclosure, or noncompliance with the terms and conditions of financial assistance provided under this Section, including the ability to recapture funds if the recipient is found to be noncompliant with the terms and conditions of the financial assistance agreement; (6.5) enter into financial intermediary agreements and charge fees to financial institutions required to facilitate lending to or investment in Qualified Social Equity Applicants and holders of a conditional or adult use dispensing organization licenses issued pursuant to Section 15-25, 15-35, 15-35.10, or subsection (c) of Section 15-35.20, with the goal of ensuring the availability of facilities necessary to operate a cannabis business establishment, so long as the entity meets the definition of a "Social Equity Applicant" pursuant to Section 1-10; the Department of Commerce and Economic Opportunity may review that an applicant for a loan continues to meet the statutory definition of a "Social Equity Applicant"; (7) establish application, notification, contract, and other forms, procedures, or rules deemed necessary and appropriate; (8) utilize vendors or contract work to carry out the purposes of this Act; and (9) review that an applicant for financial assistance meets the statutory definition of a "Social Equity Applicant" as that term is defined in Section 1-10 of this Act, for the purposes of providing financial assistance pursuant to this Section. (c) Financial assistance made under this Section: (1) shall only be made if, in the Department's judgment, the project furthers the goals set forth in this Act; (2) shall be in such principal amount and form and contain such terms and provisions with respect to security, insurance, reporting, delinquency charges, default remedies, forgiveness, and other matters as the Department shall determine appropriate to protect the public interest and to be consistent with the purposes of this Section. The terms and provisions may be less than required for similar loans not covered by this Section; and (3) may be distributed by lottery if the Department determines that the amount of funding available is insufficient to provide an adequate amount of funding for all of the applicants eligible to receive financial assistance. The Department may communicate the number of awards for financial assistance available on the application for financial assistance. The Department may use competitive criteria to establish which applicants are eligible to receive financial assistance. (d) Grants made under this Section shall be awarded on a competitive basis in compliance with the Grant Accountability and Transparency Act; however, to the extent registration with the federal System for Award Management requires a grant applicant to certify compliance with all federal laws, the grant applicants under this Section shall not be required to register for a unique entity identifier through the federal System for Award Management to be qualified to receive financial assistance under this Section, so long as federal law prohibits the cultivation and sale of cannabis. Grants made under this Section shall further and promote the goals of this Act, including promotion of Social Equity Applicants, Qualified Social Equity Applicants, and holders of a conditional or adult use dispensing organization license issued pursuant to Section 15-25, 15-35, 15-35.10, or subsection (c) of Section 15-35.20, so long as the entity meets the definition of a "Social Equity Applicant" pursuant to Section 1-10 and the Department of Commerce and Economic Opportunity may review that an applicant for a loan continues to meet the statutory definition of a "Social Equity Applicant", as well as including promotion of job training and workforce development and technical assistance to Social Equity Applicants, Qualified Social Equity Applicants, and holders of a conditional or adult use dispensing organization licenses issued pursuant to Section 15-25, 15-35, 15-35.10, or subsection (c) of Section 15-35.20, so long as the entity meets the definition of a "Social Equity Applicant" pursuant to Section 1-10 and the Department of Commerce and Economic Opportunity may review that an applicant for a loan continues to meet the statutory definition of a "Social Equity Applicant". (d-5) Financial intermediary agreements to provide financial assistance must further the goals set forth in this Act and shall result in financing or lease costs that are affordable or below market rate. (e) Beginning January 1, 2021 and each year thereafter, the Department shall annually report to the Governor and the General Assembly on the outcomes and effectiveness of this Section that shall include the following: (1) the number of persons or businesses receiving financial assistance under this Section; (2) the amount in financial assistance awarded in the aggregate, in addition to the amount of loans made that are outstanding and the amount of grants awarded; (3) the location of the project engaged in by the person or business; and (4) if applicable, the number of new jobs and other forms of economic output created as a result of the financial assistance. (f) The Department of Commerce and Economic Opportunity shall include engagement with individuals with limited English proficiency as part of its outreach provided or targeted to attract and support Social Equity Applicants. (Source: P.A. 104-463, eff. 6-12-26.) (Text of Section from P.A. 104-799) Sec. 7-15. Loans and grants to Social Equity Applicants. (a) The Department of Commerce and Economic Opportunity shall establish grant and loan programs, subject to appropriations from the Cannabis Business Development Fund, for the purposes of providing financial assistance, loans, grants, and technical assistance to Social Equity Applicants. (b) The Department of Commerce and Economic Opportunity has the power to: (1) provide Cannabis Social Equity loans and grants from appropriations from the Cannabis Business Development Fund to assist Qualified Social Equity Applicants in gaining entry to, and successfully operating in, the State's regulated cannabis marketplace; (2) enter into agreements that set forth terms and conditions of the financial assistance, accept funds or grants, and engage in cooperation with private entities and agencies of State or local government to carry out the purposes of this Section; (3) fix, determine, charge, and collect any premiums, fees, charges, costs and expenses, including application fees, commitment fees, program fees, financing charges, or publication fees in connection with its activities under this Section; (4) coordinate assistance under these loan programs with activities of the Illinois Department of Financial and Professional Regulation, the Illinois Department of Agriculture, and other agencies as needed to maximize the effectiveness and efficiency of this Act; (5) provide staff, administration, and related support required to administer this Section; (6) take whatever actions are necessary or appropriate to protect the State's interest in the event of bankruptcy, default, foreclosure, or noncompliance with the terms and conditions of financial assistance provided under this Section, including the ability to recapture funds if the recipient is found to be noncompliant with the terms and conditions of the financial assistance agreement; (7) establish application, notification, contract, and other forms, procedures, or rules deemed necessary and appropriate; and (8) utilize vendors or contract work to carry out the purposes of this Act. (c) Loans made under this Section: (1) shall only be made if, in the Department's judgment, the project furthers the goals set forth in this Act; and (2) shall be in such principal amount and form and contain such terms and provisions with respect to security, insurance, reporting, delinquency charges, default remedies, and other matters as the Department shall determine appropriate to protect the public interest and to be consistent with the purposes of this Section. The terms and provisions may be less than required for similar loans not covered by this Section. (d) Grants made under this Section shall be awarded on a competitive and annual basis under the Grant Accountability and Transparency Act. Grants made under this Section shall further and promote the goals of this Act, including promotion of Social Equity Applicants, job training and workforce development, and technical assistance to Social Equity Applicants. (e) On or before January 31 of each year, the Department shall annually report to the Governor and the General Assembly on the outcomes and effectiveness of this Section that shall include the following: (1) the number of persons or businesses receiving financial assistance under this Section; (2) the amount in financial assistance awarded in the aggregate, in addition to the amount of loans made that are outstanding and the amount of grants awarded; (3) the location of the project engaged in by the person or business; and (4) if applicable, the number of new jobs and other forms of economic output created as a result of the financial assistance. (f) The Department of Commerce and Economic Opportunity shall include engagement with individuals with limited English proficiency as part of its outreach provided or targeted to attract and support Social Equity Applicants. (Source: P.A. 104-799, eff. 8-7-26.)
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.ilga.gov/legislation/ilcs/ilcs.aspFetched: 10/17/2026