After the Illinois Department of Financial & Professional Regulation (IDFPR) announced it was changing its legalities on cannabis curbside pickup for medical patients after the New Year, IDFPR then extended the variance that permitted curbside pickup through January. Now, Illinois has announced that the variance permitting curbside pickup at Illinois dispensaries again has been extended.
According to the IDFPR press release, “On January 3, 2023, I issued a variance to 68 Illinois Administrative Code 1290.410(c)(5), which is set to expire January 31, 2023. The purpose of this Variance is to vary 68 Illinois Administrative Code 1290.410(c)(5) to continue to allow Medical Cannabis Dispensaries to dispense medical cannabis outside of the restricted and limited access areas for an additional 6 months beyond the previous expiration. This Variance shall allow Medical Cannabis Dispensaries to provide service for medical cannabis patients, OAPP participants, provisional patients, and designated caregivers outside the limited access area until June 30, 2023.”
The announcement continues by stating, “Any Medical Cannabis Dispensary offering direct-to-car service or sales outside the limited access area must have written procedures to ensure Dispensary Agents will verify two forms of identification before providing the medical cannabis to a patient, OAPP participant, provisional patient or to a designated caregiver. Medical Cannabis Dispensaries are permitted to modify their policies and procedures regarding dispensing to accommodate this Variance.”
This variant, issued by IDFPR Director Cecilia Abundis, is another placeholder for legal curbside pickup in Illinois and not a substitute for long-term change in the law. During the extension, Illinois Reps. Kelly Cassidy and Bob Morgan will be working to find a permanent solution to legalities of curbside pickup.
Notwithstanding the aforementioned Rule, this Variance is in no way intended to waive or modify any statute, rule, or regulation concerning the dispensing of Medical Cannabis Dispensaries. All 200 licensed Medical Cannabis Dispensaries shall be subject to compliance with all additional rules and regulations contained in the Act and in the rules promulgated thereto or their successor.
I have determined that the provision from which this Variance is granted is not statutorily mandated; no party will be injured by the granting of this Variance; and the rules from which this Variance is granted would, in this particular case, be unreasonable.
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