Alteration & Modification Guidance and Classification

The Illinois Department of Agriculture (“Department”) has revised its definitions of “Modification” and “Alterations” under 8 IAC part 1300. This guidance serves as a resource to assist licensees in identifying and classifying proposed physical and operational changes at a cannabis business establishment that require regulatory review prior to implementation.

This guidance does not guarantee compliance with the Cannabis Regulation and Tax Act (410 ILCS 705), Illinois Department of Agriculture administrative rules (8 IAC Part 1300), or any federal, state, or local statutes, regulations, or codes.

"Alterations" means any change at a cannabis business establishment that does not alter the physical structure of the building or any building system, but that alters, adds, or removes security measures or operational controls used to protect against diversion or theft of cannabis or cannabis operations; alters, adds, or removes workflows or production equipment used for the handling, production, tracking, or storage of cannabis and cannabis products; or changes the functional use of a room or space used for such activities, including changes that alter or deviate from the approved Security Plan or Operational Management and Practices Plan.

"Modification" means any change at a cannabis business establishment that modifies the physical layout, floor area, or structural configuration of the facility, including the addition, removal, or relocation of any wall, partition, or door opening; modifies the design, capacity, or performance of any building system, including mechanical, electrical, plumbing, fire protection, or life safety systems; or results in a change of occupancy or use as defined by applicable building or fire codes.

Licensed cannabis facilities must operate in accordance with all approved plans and within the physical parameters approved by the Department. Certain changes at the licensed premises require Department review before implementation.

Facility changes generally fall into one of three categories:

• Modifications – physical structure or building system changes
• Alterations – non-structural security, equipment, or cannabis operations changes
• Unregulated changes – cosmetic, administrative, or site work unrelated to cannabis operations

When an application submitted by a licensee contains proposed changes that fall under both Modification and Alteration categories, the application shall be classified as a Modification.

A Modification is any change that affects the physical structure, layout, building systems, or occupancy of the facility.

Examples of a Modification may include:

• Adding, removing, or relocating walls or partitions
• Cutting, closing, or relocating a door opening
• Replacing or altering HVAC, plumbing, or electrical systems
• Modifying fire protection or life safety systems
• Adding mezzanines, platforms, or other permanent structural elements
• Any change resulting in a different occupancy or use under applicable building or fire codes

If a proposed change affects the building itself or its systems, it is likely a Modification.

An Alteration is any change that affects facility security or cannabis operations but does not alter the physical structure of the building or any building system.

Examples of an Alteration may include:

• Adding, removing, or relocating surveillance cameras
• Changing access control systems, locks, or alarms
• Adding or removing perimeter fences or gates
• Installing or replacing production equipment
• Reassigning a room for a different cannabis-related activity
• Amending the approved Security Plan or Operational and Management Practices Plan

If a proposed change affects how cannabis is secured, handled, produced, or stored – but does not affect the building or its systems – it is likely an Alteration.

An unregulated change is any cosmetic or administrative change that does not constitute a Modification or Alteration.

Examples of an unregulated change may include:

• Painting and aesthetic upgrades
• Replacing standard furniture and fixtures in restrooms and locker areas
• Repaving and restriping parking lots
• Landscaping and exterior beautification
• Changes to office furniture and equipment
• Routine cleaning and maintenance

If a proposed change does not affect the building, building systems, facility security, or cannabis operations, it is likely an unregulated change.

When submitting a Modification or Alteration application, include a detailed narrative description of all proposed changes and relevant supporting documentation, as applicable. Supporting documentation may include an updated Operational and Management Practices Plan, an updated Security Plan, architectural plans, mechanical, electrical, and plumbing (MEP) plans, equipment manufacturer specifications, and any other documentation necessary to demonstrate the scope of the proposed Modification or Alteration.

If there is uncertainty about whether a proposed change is a Modification or an Alteration, licensees are encouraged to contact the Department before submitting an application. Early consultation can help avoid delays and compliance issues. Please contact the Department at AGR.CannabisMOD@illinois.gov with questions regarding the classification of proposed changes.