(410 ILCS 705/15-35)
Conditional Adult Use Dispensing Organization License after January 1, 2021.
(a) In addition to any of the licenses issued in Sections 15-15, Section 15-20, or Section 15-25 of this Act, by December 21, 2021, the Department shall issue up to 110 Conditional Adult Use Dispensing Organization Licenses, pursuant to the application process adopted under this Section. Prior to issuing such licenses, the Department may adopt rules through emergency rulemaking in accordance with subsection (gg) of Section 5-45 of the Illinois Administrative Procedure Act. The General Assembly finds that the adoption of rules to regulate cannabis use is deemed an emergency and necessary for the public interest, safety, and welfare. Such rules may:
(1) Modify or change the BLS Regions as they apply to
this Article or modify or raise the number of Adult Conditional Use Dispensing Organization Licenses assigned to each region based on the following factors:
(A) Purchaser wait times;
(B) Travel time to the nearest dispensary for
(C) Percentage of cannabis sales occurring in
Illinois not in the regulated market using data from the Substance Abuse and Mental Health Services Administration, National Survey on Drug Use and Health, Illinois Behavioral Risk Factor Surveillance System, and tourism data from the Illinois Office of Tourism to ascertain total cannabis consumption in Illinois compared to the amount of sales in licensed dispensing organizations;
(D) Whether there is an adequate supply of
cannabis and cannabis-infused products to serve registered medical cannabis patients;
(E) Population increases or shifts;
(F) Density of dispensing organizations in a
(G) The Department's capacity to appropriately
regulate additional licenses;
(H) The findings and recommendations from the
disparity and availability study commissioned by the Illinois Cannabis Regulation Oversight Officer in subsection (e) of Section 5-45 to reduce or eliminate any identified barriers to entry in the cannabis industry; and
(I) Any other criteria the Department deems
(2) Modify or change the licensing application
process to reduce or eliminate the barriers identified in the disparity and availability study commissioned by the Illinois Cannabis Regulation Oversight Officer and make modifications to remedy evidence of discrimination.
(b) After January 1, 2022, the Department may by rule modify or raise the number of Adult Use Dispensing Organization Licenses assigned to each region, and modify or change the licensing application process to reduce or eliminate barriers based on the criteria in subsection (a). At no time shall the Department issue more than 500 Adult Use Dispensing Organization Licenses.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)