Plaintiff LLC petitioned for administrative review of the decision of Illinois Department of Agriculture awarding a permit to Defendant LLC to operate a medical cannabis cultivation center in Aurora, Illinois. Matter involves the Compassionate Use of Medical Cannabis Pilot Program Act and the correlating rules adopted by the Department for its enforcement of the relevant provisions of the Act. The Department provided a definition for the Act's reference to "area zoned for residential use" as an "area zoned exclusively for residential use. City passed an ordinance, before it issued the special use permit to Defendant LLC, amending its zoning to authorize medical cannabis cultivation centers int he city as a special use in zoning districts so long as the cultivation centers complied with the geographic locations restricts as set forth in the Act. The location requirement as interpreted by the Department applies equally to all municipalities statewide, and does not impermissibly limit the scope of the Act. (A. BURKE, GARMAN, THEIS, NEVILLE, and CARTER, concurring.)
Illinois Appellate Court
Civil Court
Cannabis