Foley Hoag write..
On October 1, 2021, the Department of Consumer Protection (the “Department”) published policies and procedures pertaining to the regulation of Adult-Use Cannabis (the “Regulations”) in accordance with Public Act 21-1. The Regulations outline the operational requirements and restrictions for the Adult-Use program, including the parameters by which individuals and businesses licensed by the Department will operate. The Regulations also set forth policies regarding consumer protections including product quality, marketing/advertising restrictions, safeguards for minors, and security of product against diversion. The Regulations will become effective on October 16, 2021.
The Regulations do not presently provide information on the application process or requirements, nor do they provide clarity on the timeline for the application process. However, according to its website, it is anticipated that the Department will release applications within the next few months, pending further directives from the Social Equity Council, the administrative body charged with, among other things, creating equity measure standards, overseeing the verification of equity applicants, and establishing policies and programs to promote and encourage full participation in the cannabis industry by persons from communities that have been disproportionately harmed by cannabis prohibition and enforcement. Although many questions remain outstanding with respect to the application requirements and the scoring criteria the Department will use evaluate applicants, the enactment of these Regulations is an encouraging indication that progress is well underway.