- On September 3, 2020, the Illinois Department of Financial and Professional Regulation (IDFPR) introduced its lengthy anticipated (and overdue) dispensary license utility outcomes by publishing a listing of “Tied Applicants.” The IDFPR notified all candidates that there was a tie of excellent scores (252 factors—250 plus the 2 bonus factors) in each BLS area. Twenty-one applicant teams (all no less than 51% veteran owned), lower than 5% of the whole variety of candidates, achieved an ideal rating and would have a possibility to enter a lottery for the 75 accessible conditional dispensary licenses. For a lot of causes, this outcome was met with instant public outcry and authorized motion.
- On September 4, 2020, Southshore Restore and Heartland Greens v. IDFPR et al. (20-cv-05264), was filed within the United States District Court for the Northern District of Illinois (federal court docket). Here, plaintiffs alleged important discrepancies, inconsistencies, and errors within the utility scoring and the deficiency discover processes and sought a rescore.
- On September 8, 2020, WAH Group et al., v. IDFPR et al. (2020CH05759), was filed within the Circuit Court of Cook County, Illinois (state court docket). Here, amongst different issues, plaintiffs sought to enjoin the approaching lottery.
- On September 10, 2020, Hazehaus et al., v. IDFPR et al. (2020CH000149)*, was filed within the Circuit Court of Sangamon County, Illinois. In addition to alleging important discrepancies and errors with the applying scoring and the deficiency discover processes, this swimsuit seeks a declaration that the 5 factors awarded to veteran-owned candidates is unconstitutional particular laws.
- On September 15, 2020, Clean Slate OPCO, LLC, v. IDFPR (2020CH05871), was filed within the Circuit Court of Cook County, Illinois. Here, the Plaintiff is without doubt one of the 21 tied applicant teams and challenges the IDFPR’s interpretation of its proper to take part within the lottery.
- On September 21, 2020, Governor Pritzker, citing public concern, introduced that extra steps can be taken to make sure equity in awarding the conditional dispensary licenses—specifically that candidates can be supplied with a supplemental deficiency discover and an opportunity to submit extra data for a rescore on utility reveals. Not surprisingly, some (if not all) of the 21 tied applicant teams should not happy on the prospect of getting extra applicant teams within the lottery.
- On September 22, 2020, the Southshore plaintiffs dismissed their federal court docket case. The different instances mentioned herein stay pending.
- On October 5, 2020, SB IL LLC; Vertical Management LLC; and GRI Holdings, LLC, v. J.B. Pritzker et al., was filed within the Supreme Court of Illinois. Here, three of the 21 tied applicant groups filed a movement for a petition for a Writ of Mandamus, looking for a declaration that the supplemental deficiency and rescore course of introduced by the Governor on September 22, 2020 violates the Cannabis Regulation and Tax Act.
Needless to say Illinois is in a quagmire, and extra litigation is probably going on the horizon. This scenario has additionally induced additional delay within the issuance of different extremely anticipated licenses for craft growers, infusers and transporters.
Please take a look at our blog for additional updates on Illinois hashish license litigation and different developments affecting the hashish trade.
* Locke Lord LLP represents the plaintiff group on this motion.