The 2019 Cannabis Regulation and Tax Act provided the authority for the Illinois Department of Agriculture to issue additional adult-use craft grower, infuser, transporter, and dispensary licenses.
The state of Illinois had initially planned to issue up to 60 new craft grower licenses on December 21, 2021, pursuant to the licensing application process developed by the IDOA in accordance with the 2019 Cannabis Regulation and Tax Act.
Upon review, Judge Noll found no error of law with respect to Judge Cohen’s injunction and stay in ia GP and the motion to modify that injunction and stay was denied.
Following additional hearings and briefings, on March 14, 2022, Judge Noll lifted the stay on the issuance of the additional 60 craft grow licenses and restored the application of the 11 applicants challenging their respective disqualification.
On September 3, 2020, IDFPR announced that 21 of the over 700 applicants achieved perfect scores and the licenses would be issued pursuant to a lottery of those applicants.
Illinois Department of Financial and Professional Regulation, et al , challenges the award of points to veteran applicants alleging that it essentially created an additional applicant class, which would violate the Illinois legislative framework.
As a result, the administrative review of the licenses in the supercase will proceed, however, this case will not impact the stay on the issuance of the 185 licenses in question.
Mario Tretor, Acting Secretary of IDFPR, , scrutinizes the additional points awarded to Illinois residents as part of the application process for the 185 dispensary licenses in question, arguing this requirement should be deemed unconstitutional under the “dormant commerce clause.” A residency requirement was recently struck down in Missouri under similar grounds.
While these issues are being sorted the applicant must expend time, money, and effort to maintain their proposed businesses.
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