ILLINOIS TO SIMPLIFY CANNABIS LICENSING PROCESS

Dan Shapiro • Mar 21, 2022

The Illinois Department of Financial and Professional Regulation (IDFPR) will simplify the cannabis dispensary license application process, remove barriers for social equity applicants, and expand opportunities targeted to the communities most impacted by the failed war on drugs. The IDFPR is required by the Cannabis Regulation and Tax Act (CRTA) to issue at least 50 new adult use cannabis dispensary licenses by the end of 2022.

Under the new rules, applicants will be able to apply online with certain basic information and principal officers cannot be included on more than one lottery entry. Also, applicants cannot have more than one lottery entry across all 17 regions. If deemed eligible for a conditional license, applicants will need to meet certain social equity criteria before the conditional license is issued.

IDFPR anticipates opening the conditional license application window during the late summer or early fall of 2022. All applicants who submit an approved application will participate in a lottery conducted by IDFPR with the Illinois Lottery. If an applicant does not meet eligibility criteria, IDFPR will offer the opportunity for the conditional license to the next applicant on a list of applicants drawn chronologically after the 55 applicants selected during the lottery. Each applicant drawn for an opportunity for a conditional license will have 45 calendar days to prove certain social equity eligibility criteria. This includes meeting the social equity applicant ownership criteria outlined in the CTRA.

SAL will continue to update you with additional information as it develops over the next several weeks. In the meantime, please do not hesitate to reach out to us if you have any questions.

SAL SUCCESSFUL IN REVERSING IL DEPT OF AGRICULTURE DECISION

SAL is pleased to have been instrumental in assisting our client to successfully reverse the decision by the Illinois Department of Agriculture, which disqualified our craft grow applicant because the Department claimed that our client omitted certain information from the application. After presenting the court with our argument that the information was not otherwise required by the Illinois Cannabis Regulation and Tax Act, the Circuit Court Judge entered an order reversing the Department's decision.

We are proud that we were able to make a difference for our client by achieving a positive result in the case.

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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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