In the latest issue of the Flinn Report, a weekly summary of regulatory actions of State agencies published in the Illinois Register and action taken by the Illinois General Assembly’s Joint Committee on Administrative Rules, one small paragraph states that the Illinois Department of Financial & Professional Regulation (IDFPR) has permanently authorization curbside pickup for medical cannabis cardholders.
The paragraph states, “IDFPR also adopted amendments to Rules for Administration of the Compassionate Use of Medical Cannabis Pilot Program (68 IAC 1290; proposed at 47 Ill Reg 11980) effective 11/20/23 at 47 Ill Reg 17846, that permanently authorize curbside access for medical cannabis patients, which IDFPR allowed by variance throughout the COVID-19 public health emergency. Medical cannabis dispensaries and their patients are affected.”
The latest issue of the Illinois Register lists the new wording as, “During hours of operation, store and dispense all cannabis from the restricted access area or a pickup-location in close proximity to the dispensary. For purposes of this subsection (c)(5), “pickup-location in close proximity to the dispensing organization” means an area contiguous to the real property of the dispensary, such as a sidewalk or parking lot; additionally, duringDuring operational hours, cannabis shall be stored in an enclosed locked room or cabinet and shall be accessible only to specifically authorized agents.” The Illinois Register also included the following paragraph, “Dispensing organizations licensed under Section 15-15 of the Cannabis Regulation and Tax Act may dispense medical cannabis or medical infused products through a pickup-location only to qualifying patients and designated caregivers registered under the Compassionate Use of Medical Cannabis Program Act.”
IDFPR not only allowed curbside pickup by variance throughout the COVID-19 public health emergency but also extended that variance twice. The first variant was issued on Jan. 25, 2023, which extended curbside pickup until June 30, 2023. On June 22, 2023, the variance was again extended until Dec. 31, 2023. For questions or request for copies of IDFPR rulemakings, contact Craig Cellini by phone at 217-785-0813 or email at Craig.Cellini@illinois.gov.
In March, a failed cannabis regulation bill included a provision providing that “a dispensing organization may dispense cannabis from a drive-through window of the restricted access area or a curbside pickup location in close proximity to the restricted access area.” The spring legislative session also included a failed cannabis omnibus, which included curbside pickup provisions for medical patients and recreational consumers, as well as drive-through operations.
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