The litigation is just the latest in a series of lawsuits that have kept much of the state’s legal cannabis industry in limbo.
A Cook County judge in another case has indicated she may lift a court injunction against issuing 185 pending recreational store licenses and hold a corrective lottery to remedy complaints about the licensing process. State officials also plan to issue 55 new licenses using a new streamlined process.
Without those points, the plaintiffs couldn’t get the 85% of the maximum score required to qualify for lotteries for licenses. Toigo, part owner of a cultivation license and Organic Remedies dispensaries in Missouri and Pennsylvania, successfully challenged the residency requirements in Missouri. But neither he nor Finch applied in Illinois, with their attorney John Adams saying it would have been futile to waste the $5,000 application fee.
At a hearing in April, Law 360 reported that U.S. District Chief Judge Rebecca Pallmeyer said the state licensing requirements probably violate the Commerce Clause, but added, “We can’t upend the whole process in favor of someone who didn’t apply in the first place.” The question for Illinois would be what becomes of state lawmakers’ attempts to favor social equity applicants. Illinois officials didn’t respond to a request for comment, but if residency requirements are struck down, state social equity standards could be extended nationwide.
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