Illinois may go from no legal curbside pickup for registered medical patients to legal drive-up window service if a recently introduced Senate Bill becomes law.

February 10, Sen. Ram Villivalam introduced SB2281. The bill would “establish a protocol to dispense cannabis on any real property or parking area under the dispensary’s ownership or control, such as transactions at drive-through windows. Requires the protocol to adhere to the requirements for point-of-sale dispensing transactions under the Acts. In the Cannabis Regulation and Tax Act, removes language prohibiting dispensing organizations from operating drive-through windows.”

SB2281 also “Prohibits dispensing organizations from transporting cannabis to residences or other locations beyond the real property or parking area under the ownership or control of the dispensary where purchasers may be for delivery (rather than from transporting cannabis to residences or other locations where purchasers may be for delivery).” SB2281 was “Referred to Assignments” on the same day.

Illinois has until June 30 to amend the law before the variance that allows curbside pickup expires. During the pandemic, the Illinois Department of Financial & Professional Regulation (IDFPR) incorporated a variance for Illinois cannabis laws that allowed cannabis curbside pickup for registered medical patients. The variance expired at the end of the 2022, and since, two new variances have extended curbside pickup until June 30.

This variant, issued by IDFPR Director Cecilia Abundis, is only a placeholder for legal curbside pickup in Illinois and not a substitute for long-term change in the law. 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.

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