Medical marijuana projects seen as boost for local economy
<p class="p1">The planned development of two medical marijuana businesses in a Union County community is expected to provide an economic boost for the area.</p><p class="p1">Anna Mayor Jim Cross said last week that the two businesses could bring 100 or more jobs to Union County's largest community.</p><p class="p1">The Illinois News Network reported last week that after more than a month past a deadline, letters issuing permits to cultivation and dispensary centers for Illinois’ Medical Cannabis Pilot Program were in the mail. </p><p class="p1">That was the word from Gov. Bruce Rauner’s administration on Monday, Feb. 2.</p><p class="p1">The governor's office issued a news release which featured the names of 18 applicants for cultivation centers for 22 districts and more than 60 dispensaries which were being approved.</p><p class="p1">A cultivation center permit was awarded to Wellness Groups Pharms, which is planning to build a facility in Anna.</p><p class="p1">A dispensary permit was awarded to the Kirkwood Pharmacy Group of Anna LLC, which also is planning to build a facility in the Union County community.</p><p class="p1">Mayor Cross said he is optimistic about the potential for new jobs and the boost they give to the local economy.</p><p class="p1">"This is going to help our community considerably," Cross said during an interview following a Feb. 3 regular meeting of the Anna City Council. The mayor said that in terms of economic growth, the new businesses will be good for Anna – and for all of Union County.</p><p class="p1">The possible development of medical marijuana businesses in Anna had been discussed at a previous city council meeting. No vocal opposition was voiced.</p><p class="p1">The letter issued last week by the governor's office included an apology to the patient community for the delay in approving permits. </p><p class="p1">Rauner's general counsel, Jason Barclay said the Quinn administration’s handling of permits created a risk of substantial and costly litigation. </p><p class="p1">After working with the Illinois attorney general’s office, Rauner’s legal team determined that the former administration had arbitrary scoring “cut-offs” that were not expressly contemplated or provided by law, among other issues.</p><p class="p1">The former administration also conducted character and fitness reviews of the applicants after the blind scoring process was completed which led to several applicants being disqualified without clear procedures and standards. </p><p class="p1">The delayed permits were expected before the end of last year under then Gov. Pat Quinn, but he neglected to issue permits, which left investors and approved patients wondering what would happen to the pilot program.</p><p class="p1">The statement from Rauner's general counsel on the issuing of medical marijuana licenses and permits follows:</p><p class="p1">Governor Rauner directed our legal team to conduct a comprehensive review of the evaluation and selection process that the Quinn administration used to recommend applicants for licensure in the State’s Medical Cannabis Pilot Program.</p><p class="p1">His request was threefold. First, determine whether the process used by the Quinn administration followed the law. Second, share our findings with the Attorney General and determine what, if any, corrective actions need to be taken for any failures to fully comply with the law. Finally, recommend a plan of action that corrects any deficiencies and fully adheres to the spirit and letter of the law.</p><p class="p1">Our recently completed legal review identified four potential problem areas:</p><p class="p1"> 1) The review teams imposed certain arbitrary scoring “cut-offs” that were not expressly contemplated or provided by law that effectively eliminated certain applicants from consideration.</p><p class="p1">2) The agencies conducted a character and fitness review of the applicants after the blind scoring process had been completed.</p><p class="p1">3) As part of the character and fitness review, several applicants were disqualified without clear procedures and standards for disqualification and without offering the prospective applicants an opportunity to respond to the information that was relied upon to make the disqualification decisions.</p><p class="p1">4) Despite seemingly contradictory language in the rules promulgated by the Illinois Department of Agriculture, the prior administration decided to award no more than one cultivation center license to applicants who were the high point scorers in more than one district.</p><p class="p1">We concluded that these problem areas create a risk of substantial and costly litigation to the State. We shared our findings and this conclusion with the Attorney General. Her staff conducted a prompt review and for that we thank them.</p><p class="p1">As a result of our consultation with the Attorney General, we have further concluded that there is a significant likelihood that the Quinn Administration’s decisions will not be upheld in court. We have also relied upon the Attorney General’s legal guidance and must now take all necessary corrective action to make sure that these licenses and permits are properly issued in compliance with the law.</p><p class="p1"> As a result of these conclusions, we are therefore recommending the following actions:</p><p class="p1">1) Licenses and permits will be issued to the highest scorers in each district where the top scorer was not disqualified.</p><p class="p1">2) Cultivation center applicants that were high scorers in more than one district will be awarded permits up to the three permit limit that was expressly provided by 8 Illinois Administrative Code (the “IL Department of Agriculture Rules”) Section 1000.40(d).</p><p class="p1">3) The artificial and subjective scoring “cut-offs” that were imposed by the agencies will be eliminated and licenses and permits will be awarded to the high scorers in those districts regardless of their final point total.</p><p class="p1">4) Any applicant that was recommended for disqualification will be fully informed of the basis for that decision, given an opportunity to respond in writing and/or in-person to the respective licensing agency’s director and general counsel to contest the recommendation, and a final written character and fitness decision will be made consistent with the relevant pre-established formal standards established by the IL Department of Agriculture Rules Section 1000.110(j) or 68 Illinois Administrative Code (the “IL Department of Financial and Professional Regulation Rules”) Section 1290.70(e) – (f).</p><p class="p1">These actions may result in some additional minimal delay in a limited number of districts and for that we apologize to the patient community. The Governor has requested that this process must be deliberate, fair, and fully comply with the law. </p><p class="p1">In order to accomplish those important objectives, these additional steps are essential to correct the deficiencies of the previous administration’s selection process. Only then can the public have the fullest confidence that the law was followed and these licenses and permits were awarded for the right reasons. </p>