Illinois Administrative Code
Title 8 - AGRICULTURE AND ANIMALS
Part 1000 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM
Subpart A - GENERAL PROVISIONS
Section 1000.70 - Variances
Universal Citation: 8 IL Admin Code ยง 1000.70
Current through Register Vol. 48, No. 12, March 22, 2024
a) The Department may grant variances from this Part in individual cases when it finds that:
1) The applicable provision is not
statutorily mandated;
2) No party
will be injured by the granting of the variance;
3) The provision from which the variance is
granted would, in the particular case, be unreasonable or unnecessarily
burdensome; and
4) The variance
requested is from the requirements of:
A)
Section
1000.220(a)(1)
to allow a cultivation center to be located
within 1000 feet of a dispensary; or
B) Section
1000.40(b)(4)
to allow the exchange or sale of seedlings,
clones or cuttings of strains of cannabis between cultivation centers in the
event of a shortage due to a catastrophic event or to promote the development
and production of strains that are beneficial to patients.
b) Any request for a variance shall be in writing (an original and 2 copies) and shall include the following:
1) Identification of the specific requirement
in question;
2) A description of
the variance;
3) The rationale for
the variance and why the provision or requirement is unreasonable or
unnecessarily burdensome in the particular case;
4) An explanation as to why no party will be
injured if the variance is granted; and
5) The fee required by Section
1000.140.
c) Upon receipt of a request for a variance, the Director will appoint an unbiased panel of no more than three members to review the request.
1) The panel
may request additional information or documentation from the
applicant.
2) The panel shall
either approve or deny the request within 30 calendar days after the date of
receipt of the request, or the date of receipt of any additional information
thereafter, and notify the applicant in writing.
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