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Complying with the Adult Use Act – A Guide for Dispensary Agents

Posted on in Business License Defense IDFPR

Illinois Business License Defense LawyersIn January 2020, the Adult Use Act 410 ILCS 705 came into effect. Adults over the age of 21 years old are now able to legally purchase cannabis for recreational use from licensed dispensaries across the state.

The Illinois Department of Financial and Professional Regulation (IDPFR) has the sole authority to regulate cannabis dispensaries and its employees. However, the rules governing dispensary agents are murky. We outline preventative measures all dispensary agents can take to reduce the risk of compliance violations.

Agents and Agents-in-Charge

Dispensary employees are designated as “agents” for purposes of regulation, while dispensary managers are designated as “agents-in-charge.” Both must hold valid agent identification cards and must comply with the following:

  • Agents must promptly report any diversion or theft, or suspicion of diversion or theft, of cannabis or currency to IDFPR;
  • 30 days prior to the expiration of an agent identification card, the dispensary or the agent must request that IDFPR renew the card;
  • An agent-in-charge may not manage more than one dispensary at a time.

Furthermore, an agent’s card can be revoked and the agent subject to discipline for any of the following reasons:

  • Submission of misleading, incorrect, false or fraudulent information in the application or renewal application;
  • Violation of the requirements of statutes regulating cannabis;
  • Fraudulent use of the agent identification card;
  • Tampering with, falsifying, altering, modifying or duplicating an agent identification card;
  • Failure to notify IDFPR within five business days after becoming aware that the agent identification card was lost, stolen or destroyed;
  • Failure to notify IDFPR within five business days after a change in the information provided in the application for an agent identification card or renewal;
  • Conviction of an excluded offense following the issuance of an agent identification card;
  • Conduct that demonstrates incompetence or unfitness to work in a dispensary; or
  • Any unethical, dishonorable, or unprofessional conduct.

The above list includes only some of the issues that can lead to discipline against agents by IDFPR. While some violations are unacceptable, others are merely the result of poor organization or clerical errors. Even if an agent does not intend to violate the Adult Use Act, agents still run the risk of causing problems with IDFPR. If a problem occurs, Williams & Nickl can help you through the process. Our firm focuses on professional license defense to ensure the IDFPR does not trample your rights and you have a chance to move on from your past issue.

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