Illinois Adult-Use / Recreational Marijuana Dispensaries – Coming January 1, 2020

Fox Rothschild LLP
Contact

Fox Rothschild LLPOn June 25, 2019, Illinois Governor JB Pritzker made good on his campaign promise to sign an adult-use marijuana law. Pursuant to the Cannabis Regulation and Tax Act (the “Adult-Use Cannabis Act”), adult-use (i.e., recreational) marijuana will be legal and available starting January 1, 2020. The Adult-Use Cannabis Act is 610-pages, and this article briefly focuses on the dispensaries.[1] For a more comprehensive analysis of all 610 pages, Bill Bogot and Donna More from our firm put together a Cannabis Law Alert and we are available to answer any questions.

I. Dispensaries under the Illinois Medical Cannabis Act and the Adult-Use Cannabis Act.

On August 1, 2013, Illinois enacted the Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1 et seq. (the “Medical Cannabis Act”), which legalized medical marijuana for persons diagnosed with certain qualifying medical conditions. Under the Medical Cannabis Act and related Medical Cannabis Administrative Rules and Regulations, there are 43 “Dispensing Organization Districts” or “Districts” where one or more medical dispensaries may be located and there are a total of 60 medical dispensary licenses available.

1. There are 55 licensed medical marijuana dispensaries in Illinois.

Under the Medical Cannabis Act, although there are 60 available licenses, Illinois only has 55 licensed medical dispensaries. These medical dispensaries are dispersed throughout Illinois in the following cities (these are not the 43 Dispensing Organization Districts under the Medical Cannabis Act):

Addison (2 dispensaries)

Anna

Arlington Heights

Buffalo Grove

Canton

Champaign

Chicago (11 dispensaries)

Collinsville

Deerfield

East Peoria

Effingham

Elmwood Park

Evanston

Fulton

 

Grandview

Harrisburg

Highland Park

Homewood

Joliet

Justice

Litchfield

Marion

Milan

Mokena

Morris

Mount Prospect

Mundelein

Naperville

Normal

North Aurora

Oak Park

Ottawa

Peoria

Posen

Quincy

Rockford (2 dispensaries)

Rolling Meadows

Romeoville

Sauget

Springfield

St. Charles

Urbana

Worth

2. Section 15-15. Early Approval Adult Use Dispensing Organization License.
Pursuant to Section 15-15 of the Adult-Use Cannabis Act, any currently licensed medical dispensary under the Medical Cannabis Act, may, within 60 days of the effective date of the Adult-Use Cannabis Act, apply for an Early Approval Adult Use Dispensing Organization License (“Early Approval Dispensing License”). An Early Approval Dispensing License allows currently licensed medical dispensaries to sell both medical and recreational cannabis at their medical dispensaries. If approved for an Early Approval Dispensing License, the medical dispensaries may begin selling recreational cannabis and related items on January 1, 2020.

3.Section 15-20. Secondary site for licensed medical dispensaries.

Pursuant to Section 15-20 of the Adult-Use Cannabis Act, any currently licensed medical dispensary under the Medical Cannabis Act, may, within 60 days of the effective date of the Adult-Use Cannabis Act, apply for an Early Approval Dispensing License “to operate a dispensing organization to serve purchasers at a secondary site not within 1,500 feet of another medical cannabis dispensing organization or adult use dispensing organization.” Therefore, a currently licensed medical dispensary, if approved for an Early Approval Dispensing License, will be able to sell recreational marijuana at its current medical dispensary as well as a secondary site.Pursuant to Section 15-20 of the Adult-Use Cannabis Act, the permissible locations for secondary sites “shall be within any BLS region that shares territory with the dispensing organization district to which the medical cannabis dispensing organization is assigned under the administrative rules for dispensing organizations under the [Medical Cannabis Act].” So, currently licensed medical dispensaries need to know their Districts under the Medical Cannabis Act Administrative Rules (i.e., where their dispensary is located) and then cross-check the 17 BLS Regions under the Adult-Use Cannabis Act. The 17 BLS Regions are defined and listed below in the following section. A medical dispensary’s secondary site can thus be located in any BLS Region that shares territory with the medical dispensary’s District, so long as the secondary site is not within 1,500 feet of another dispensary.

4. 75 new Conditional Adult Use Dispensing Organization Licenses to be issued before May 1, 2020.

This is where new applicants/entrants come into play. Under the Adult-Use Cannabis Act, Illinois is broken down into 17 separate “BLS Regions.” A BLS Region is defined as a region in Illinois used by the United States Bureau of Labor Statistics to gather and categorize certain employment wage data. Pursuant to Section 15-25 of the Adult-Use Cannabis Act, the Illinois Department of Financial and Professional Regulation (“IDFPR”) will issue 75 Conditional Adult Use Dispensing Organization Licenses on or before May 1, 2020. These 75 Conditional Adult Use Dispensing Organization Licenses will be awarded in each BLS Region as follows:

BLS Region No.

BLS Region Name

(the counties that make up each Region are listed in bullet point)[2]

Number of the 75 Licenses to be issued before May 1, 2020
1.

Bloomington

· De Witt County

· McLean County

1
2.

Cape Girardeau

· Alexander County

1
3.

Carbondale-Marion

· Jackson County

· Williamson County

1
4.

Champaign-Urbana

· Champaign County

· Ford County

· Piatt County

1
5.

Chicago-Naperville-Elgin

· Cook County

· DeKalb County

· DuPage County

· Grundy County

· Kane County

· Kendall County

· Lake County

· McHenry County

· Will County

47
6.

Danville

· Vermilion County

1
7.

Davenport-Moline-Rock Island

· Henry County

· Mercer County

· Rock Island County

1
8.

Decatur

· Macon County

1
9.

Kankakee

· Kankakee County

1
10.

Peoria

· Marshall County

· Peoria County

· Stark County

· Tazewell County

· Woodford County

3
11.

Rockford

· Boone County

· Winnebago County

2
12.

St. Louis

· Bond County

· Calhoun County

· Clinton County

· Jersey County

· Macoupin County

· Madison County

· Monroe County

· St. Clair County

4
13.

Springfield

· Menard County

· Sangamon County

1
14.

Northwest Illinois nonmetropolitan area

· Bureau County

· Carroll County

· Jo Daviess County

· La Salle County

· Lee County

· Ogle County

· Putnam County

· Stephenson County

· Whiteside County

3
15.

West Central Illinois nonmetropolitan area

· Adams County

· Brown County

· Cass County

· Christian County

· Fulton County

· Greene County

· Hancock County

· Henderson County

· Knox County

· Livingston County

· Logan County

· Mason County

· McDonough County

· Montgomery County

· Morgan County

· Moultrie County

· Pike County

· Schuyler County

· Scott County

· Shelby County

· Warren County

3
16.

East Central Illinois nonmetropolitan area

· Clark County

· Clay County

· Coles County

· Crawford County

· Cumberland County

· Douglas County

· Edgar County

· Effingham County

· Fayette County

· Iroquois County

· Jasper County

· Lawrence County

· Marion County

· Richland County

2
17.

South Illinois nonmetropolitan area

· Edwards County

· Franklin County

· Gallatin County

· Hamilton County

· Hardin County

· Jefferson County

· Johnson County

· Massac County

· Perry County

· Pope County

· Pulaski County

· Randolph County

· Saline County

· Union County

· Wabash County

· Washington County

· Wayne County

· White County

2

The map below further illustrates the 17 BLS Regions and corresponding number of Conditional Adult Use Dispensing Organization Licenses available in each BLS Region. This article and map do not analyze the various zoning issues that may arise under the Adult-Use Cannabis Act.

Illinois Map

Click to view full map

The selection criteria for these 75 Conditional Adult Use Dispensing Organization Licenses is spelled out in Section 15-30 of the Adult-Use Cannabis Act and the IDFPR will also issue administrative rules and regulations with more details about the selection criteria.

5.110 Conditional Adult Use Dispensing Organization Licenses to be issued after January 1, 2021.

In addition to the (i) Early Approval Dispensing Licenses, (ii) Early Approval Dispensing Licensesecondary sites and (iii) 75 Conditional Adult Use Dispensing Organization Licenses, by December 21, 2021, pursuant to Section 15-35 of the Adult-Use Cannabis Act, the IDFPR shall issue up to 110 Conditional Adult Use Dispensing Organization Licenses.The future is impossible to predict, but there is no doubt that the Illinois market is about to boom and many licenses will be available. There will be intense competition for these licenses, so if you plan to apply, be prepared to spend some quality time on the application. Our firm has helped many businesses apply for and obtain various medical and recreational marijuana licenses throughout the country, and the application process is always more difficult and takes more time than you would expect. Please reach out if you want to discuss or are considering applying for any type of medical or adult-use license (e.g., dispensary, cultivation center, craft grower, infuser organization, transporting organization, etc.). Good luck!!

[1] Dispensaries are where you can purchase medical and/or recreational marijuana.

[2] According to the US Department of Labor, Bureau of Labor Statistics’ May 2018 Metropolitan and Nonmetropolitan Definitions, available athttps://www.bls.gov/oes/current/msa_def.htm#1700001 (last visited June 24, 2019).

[View source.]

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.

© Fox Rothschild LLP | Attorney Advertising

Written by:

Fox Rothschild LLP
Contact
more
less

Fox Rothschild LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.