Illinois Cannabis and COVID-19

Ian Brown • Apr 01, 2020

Extensions, Pickups and Maybe Deliveries: How State Regulators are Adapting to the Pandemic

Cannabis License Submission Deadline Postponed Again

For a second time, the State of Illinois has postponed the application deadline for cannabis craft grower, infuser and transporter licenses. The current submission deadline is now April 30, 2020. All submissions must be sent via certified mail and post-marked on or before April 30. Read the full notice here and Gov. Pritzker’s Executive Order here.

If you are still in need of assistance or have any questions with your applications, please contact us. We are happy to help.

Dispensary Curbside Pickup Temporarily Allowed for Medical Patients

The Illinois Department of Financial and Professional Regulation (“IDFPR”) is allowing curbside pickup of medical cannabis. IDFPR made the announcement, along with other mitigation measures, in order to reduce the coronavirus exposure risk to medical cannabis patients who often already have a compromised immune system. Read IDFPR’s announcement here.


Bill to Allow Home Delivery Being Reconsidered

Initially introduced in February 2020, HB5274 would create a new license-type that would allow for the home delivery of cannabis to consumers—currently prohibited under the Cannabis Regulation and Taxation Act. The bill was quickly referred to Rules Committee which is where many bills are put to die.

However, now with many ideas being floated to combat the spread of the coronavirus, HB5274’s author, State Rep. Sonya Harper, is pushing again for home delivery through an either an executive order or an expedited legislative process. Given that the Illinois General Assembly remains suspended due to the coronavirus crisis, an executive order may be the best hope for authorizing home delivery in the near future. In fact, Michigan could provide a model for doing just that.

Last month Michigan used an executive order and an administrative emergency rule to allow all dispensaries to provide home deliveries to customers—subject to state approval of each establishment’s delivery process. Unlike Illinois, however, Michigan already had home delivery procedures in effect.

Although there are unofficial reports of the Illinois governor’s office discussing how Illinois’ home delivery scheme would work, nothing official has yet been announced. However, as we all know very well at this point, situations change daily.



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The Illinois Department of Financial and Professional Regulation (IDFPR) recently announced the next steps to issue 185 Conditional Adult Use Cannabis Dispensing Organization Licenses to applicants selected in three lotteries in 2021. The Conditional Licenses will be issued to applicants selected in the 2021 lotteries in three waves: Wave 1, on or before July 22, 2022. Naperville-Chicago-Elgin BLS Region. Wave 2, on or before August 5, 2022. Other BLS Regions with multiple licenses available. Wave 3, on or before August 19, 2022. BLS Regions with a single license available. Next Steps Principal officers must submit a Principal Officer Affirmation form no later than July 1, 2022. The IDFPR will then verify all principal officers are not delinquent in taxes or owe money to the State of Illinois and notify any applicant if a principal officer is not tax compliant. The applicant will then have 60 days after notification to prove tax compliance. Any applicant with a principal officer who is not tax compliant after the 60-day period shall forfeit their awarded license, which will then be offered to the next eligible applicant. The IDFPR will also verify that no principal officers have a financial interest in more than 10 Adult Use Cannabis Dispensary licenses. Any applicant with a principal officer who may become a principal officer in any combination of more than 10 Early Approval Adult Use Dispensing Organization Licenses, Conditional Adult Use Dispensing Organization Licenses, and Adult Use Dispensing Organization Licenses will forfeit any license they are awarded. After IDFPR issues the Conditional Licenses, it will conduct background checks of principal officers. Importantly, after receiving a Conditional License, the Conditional Licensees will have 180 days to select a physical storefront location and obtain the full Adult Use Dispensing Organization License (the full list of criteria to be met may be found here ). If a Conditional Licensee is unable to find a suitable physical location within the 180-day period, they may request an extension of 180 days.
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