A judge continued to keep in limbo new cannabis store licenses in Illinois while one applicant alleges that the state mistakenly kept it out of the first lottery to award licenses.
Cook County Judge Moshe Jacobius has ordered that the state not award any new dispensary licenses, including for medical cannabis, until he rules on a lawsuit before him. The state plans to hold the last of three lotteries to award licenses Aug. 19, but the judge’s order means the winners won’t get any of the 185 new licenses until the judge rules. State officials noted that lottery results may change as a result of further court orders or administrative review.
A business called Wah Group LLC, claimed that state officials wrongly eliminated one of its applications that qualified for the lottery in the St. Louis region. Court filings by Wah attorney Mazie Harris assert that state officials told Wah it would qualify for the next lottery.
Wah and Haaayy LLC have claimed that the state process for scoring cannabis license applications was flawed, and unfairly required veteran ownership to achieve a perfect score and qualify for all lotteries. The next court hearing is set for Monday.
Last year, after only 21 applicants qualified for 75 new licenses, Gov. J.B. Pritzker admitted problems with the scoring process conducted by consultant KPMG, and ordered that the applications be rescored. Those scores were released July 28, more than a year late, and winners were eligible for up to three lotteries.
Other suits also challenge the state licensing process.
On July 30, JG IL LLC, Emerald Coast LLC, and Renu LLC, represented by the firm of civil rights attorney Jon Loevy, a founder of licensed cannabis grower Justice Grown, filed a federal lawsuit alleging scoring screw-ups, and asking the court to order them to be included in the lotteries.
The suit asserts that JG was wrongly denied as a social equity applicant, while Emerald Coast was wrongly denied veteran ownership status, and ReNu was wrongly denied Illinois resident and veteran ownership, all of which cost them crucial points in the scoring of their applications.
JG argued that it qualified for social equity status because more than 51% of its workforce lived in areas designed by state cannabis law as areas disproportionately impacted by the war on drugs. It stated that other applicants were also denied their rightful social equity status.
Members of Illinois Attorney General Kwame Raoul’s office argued in court filings that the allegations were unfounded. For instance, they argued that JG IL only provided documentation for eight employees, rather than the 10 required.
ReNu changed its ownership after the death of its principal owner John Martin, but failed to provide the required proof that Martin initially qualified for Illinois or veteran ownership status when the original application was filed, state attorneys argued.
Emerald Coast, however, submitted a document in court that appears to show information about its veteran ownership status. The Illinois Department of Financial and Professional Regulation, which oversees the dispensary licensing process, is investigating whether that information was sufficient to prove veteran ownership, and therefore earn a perfect score to qualify for the lotteries.
In the first lottery July 29, ReNu and Emerald Coast won the opportunity for cannabis businesses, while JG’s score was too low to qualify. But all three firms maintain that they should have earned perfect scores and participated in all the lotteries.
The attorney general’s office also noted that courts nationwide have dismissed a variety of cannabis-related lawsuits because the plant remains illegal under federal law.
Any applicants may seek reviews in state court after the state finishes its licensing process, they argued, but not while it’s still ongoing.
Other suits disputing the licensing process are likely to arise, as has occurred in other states.
One suit filed by Sozo Illinois Inc. was dropped last month after Black and Latino applicants claimed that it would only further delay the licensing.
Asked for comment, Charity Greene, a spokeswoman for Gov. J.B. Pritzker, did not address questions about whether applicants were mistakenly left out of the lotteries, but wrote, “IDFPR is committed to facilitating a licensing process that is fair and equitable for all eligible participants. While we cannot comment on active litigation, the department will continue working toward a legal cannabis industry that repairs the harms of the past and creates opportunities for all Illinoisans.”
4 things to know about Illinois mask rule for students, state workers
STUDENTS
All school children from preschool through 12th grade have to wear face coverings.
The state’s largest teachers’ union, the Illinois Education Association, issued a statement indicating its agreement with the governor’s action.
“Let’s pull together and take care of one another. Vax up and mask up. We owe it to our students and we owe it to each other,” said Kathi Griffin, president of the Illinois Education Association. “We’re so thankful to have leadership in this state that won’t let the virus fester and grow. But, it us up to all of us to bring COVID-19 to its knees.”
Illinois is home to 1.8 million children under the age of 12 who are not yet eligible to receive the COVID-19 vaccine. All Illinois residents over the age of 12 are eligible to receive the COVID-19 vaccine at no cost.
STATE WORKERS
The required vaccination for state employees applies to those who work in prisons and juvenile detention facilities, veterans’ homes and state facilities for the mentally and developmentally disabled. Each must be fully vaccinated by Oct. 4.
Pritzker last week ordered that face coverings be worn by anyone entering a state building. He said Wednesday masks would be required in all long-term care facilities, including those privately owned.
THE BACKGROUND
According to the governor’s office, “The new measures are part of the state’s ongoing effort to combat a new surge as the Delta variant rapidly spreads among the unvaccinated. Since COVID-19 metrics reached their lowest points earlier this summer, cases have soared by a factor of nearly 10, hospitalizations and ICU rates have more than doubled in a month, and the number of COVID patients requiring a ventilator has multiplied nearly 2.5 times over since July 16th. In June, 96 percent of people hospitalized in Illinois with COVID-19 were unvaccinated or only partially vaccinated, with the majority of those hospitalizations occurring in residents under 60 years old.”
WHAT’S NEXT
Employers both private and public have begun requiring shots against the deadly virus — President Joe Biden is considering such a requirement for all federal employees — and the law appears to be on the side of the boss. Employers can make vaccination a condition of employment, experts say.
Get Government & Politics updates in your inbox!
Stay up-to-date on the latest in local and national government and political topics with our newsletter.
Region: Bloomington,Feeds,News,City: Bloomington,Region: Central
via http://www.pantagraph.com – RSS Results in news* of type article https://ift.tt/2tNkCR3
August 10, 2021 at 05:33PM
