Considerations for Existing Dispensaries in Preparation for Recreational Cannabis in Illinois

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Saul Ewing Arnstein & Lehr LLP

[co-author: Diana Arroyo]

As a result of recent legislation in Illinois, beginning January 1, 2020, recreational cannabis will be legal for those 21 years or older. An existing Illinois cannabis dispensary may apply for a Primary License to sell cannabis at their current medical cannabis location or a Secondary License to sell cannabis at a new location, or both.

License Overview

  • Licenses Issued By: The Illinois Department of Financial and Professional Regulation.
  • Deadlines: Application may be submitted beginning on or around November 1, 2019.
  • Approximate Costs:
    • Application: $30,000
    • If Approved: Completion of a Social Equity Inclusion Plan. This requirement is an effort to reduce barriers for those impacted by the enforcement of Cannabis-related laws and an investment by a cannabis business of at least $100,000.
    • Renewal: $30,000 (annually after March 31, 2021).
  • Licenses Valid Until: March 31, 2021
  • In Addition, for Primary License Only:
    • Cannabis Business Development Fee equal to 3% of the organization’s sales between June 1, 2018—June 1, 2019 or $100,000, whichever is less.
    • License issued within 14 days of receipt of application.
  • In Addition, for Secondary License Only:
    • Cannabis Business Development Fee of $200,000.
    • Contingent on a successful inspection of site.

Application Requirements

  • Proof of good standing.
  • Identification of all officers and board members, who must be 21 years or older.
  • Name and current primary site address or proposed address of secondary site.
    • The secondary site must be in the same BLS Region as the primary site, but not within 1,500 feet of the primary site or of another dispensary.
      • BLS Regions: Bloomington; Cape Girardeau; Carbondale-Marion; Champaign-Urbana; Chicago Naperville-Elgin; Danville; Davenport-Moline-Rock Island; Decatur; Kankakee; Peoria; Rockford; St. Louis; Springfield; Northwest Illinois nonmetropolitan; West Central Illinois nonmetropolitan; East Central Illinois nonmetropolitan; South Illinois nonmetropolitan.
  • Copy of the current local zoning and ordinances for the designated real estate.
  • Commitment to completing a Social Equity Inclusion Plan.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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