In the 1992 movie Singles, the character Steve Dunne, played by Campbell Scott, has a difficult time after a breakup and becomes a recluse trapped in his own trashed-out house. When his friend Janet Livermore, played by Bridget Fonda, climbs through his window to check on him and says, “Steve, I think you’re going through a phase,” Steve’s answer was, “Do you realize, Janet, that in modern society, there is almost no need to leave the house? At all.” Thirty years later that sentiment is truer than ever. Illinoisans can shop online from home and have everything they desired delivered . . . except for legal cannabis.

Last week, though, in a public interview, Illinois Governor J.B. Pritzker seemed open to the idea, stating, “I think that as long as it is regulated, as long as we make sure that the person who is ordering it gets it, and that they’re legally allowed to, then it would seem to me like the same as somebody coming into a store.” So is the regulated deliver of cannabis from dispensaries to homes in Illinois’ future?

The Cannabis Regulation and Tax Act currently states that “dispensing organization shall not…Transport cannabis to residences or other locations where purchasers may be for delivery; Enter into agreements to allow persons who are not dispensing organization agents to deliver cannabis or to transport cannabis to purchasers.” Three proposed bills that amend the Cannabis Regulation and Tax Act, Compassionate Use of Medical Cannabis Program Act, and/or Department of Financial and Professional Regulation could be in play during the next legislative sessions in the House and Senate and could help add regulated delivery of legal cannabis to Illinois law.

The first of two House Bills, sponsored by Rep. Sonya M. Harper, that could play the biggest role in cannabis delivery in Illinois includes one that was re-referred to House Rules Committee on March 27, 2021. House Bill 193 to the Cannabis Regulation and Tax Act “Removes language prohibiting dispensing organizations from transporting cannabis to residences or other locations where purchasers may be for delivery. Provides that dispensing organizations may deliver cannabis or cannabis-infused products to purchasers if specified requirements are met.”

House Bill 312 was re-referred to House Rules Committee February 18, 2022, and includes provisions to the Cannabis Regulation and Tax Act that “Requires the Department of Financial and Professional Regulation to issue cannabis delivery organization licenses. Contains provisions regarding applications for cannabis delivery organization licenses. Requires the Department to develop a system to score applications for cannabis delivery licenses. Provides that applicants must qualify as social equity applicants in order to be awarded a cannabis delivery organization license. Requires applicants to pay a $2,500 application fee and a prorated fee of $5,000 prior to receiving a license, to be deposited into the Cannabis Regulation Fund. Contains requirements and prohibitions for cannabis delivery organizations. Provides that cannabis delivery organizations may obtain cannabis products from any cannabis business organization licensed in the State. Contains requirements for the issuance of cannabis delivery agent identification cards. Requires the Department to conduct a background check through the Department of State Police of certain officers, board members, and agents of cannabis delivery organizations. Contains provisions regarding the renewal of cannabis delivery organization licenses and agent identification cards. Contains other provisions.” In March 2022, this amendment added three cosponsors, including Rep. Jehan Gordon-Booth, Rep. Kambium Buckner, and Rep. LaToya Greenwood.

Illinois Sen. Napoleon Harris, III introduced Senate Bill 2404 for qualified registered medical cannabis patients that was re-referred to Assignments April 16, 2021. This bill “Provides that Nonstorefront Delivery Organizations and Storefront Delivery Organizations are ‘medical cannabis dispensing organizations’. Amends the Cannabis Regulation and Tax Act. Provides that, notwithstanding any other provision of law, a Nonstorefront Delivery Organization or Storefront Delivery Organization may acquire cannabis for the purpose of selling or dispensing, exclusively through delivery, cannabis products to purchasers or to qualified registered medical cannabis patients and caregivers under the Compassionate Use of Medical Cannabis Program Act. Requires the Department of Financial and Professional Regulation to issue up to 200 Conditional Nonstorefront Adult Use Cannabis Delivery Organization Licenses and unlimited Conditional Storefront Adult Use Cannabis Delivery Organization Licenses before May 1st, 2022. Provides that the Department shall make the application for the licenses available no later than October 1, 2021. Contains requirements for application, licensure, and background checks. Provides that a Nonstorefront or Storefront Delivery Organization may only engage in sales or deliveries or receive shipments between the hours of 6:00 a.m. and 10:00 p.m. Provides that a Nonstorefront or Storefront Delivery Organization may contract with a service that provides a technology platform to facilitate the sale and delivery of cannabis products. Contains requirements regarding delivery of cannabis products. Provides that Nonstorefront and Storefront Delivery Organizations are ‘cannabis business establishments’. Contains other provisions.”

The first legislative session for the 103rd General Assembly starts January 4. For more Illinois cannabis industry news, visit here.

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