Illinois medical marijuana card wait time

Hullj18

Well-Known Member
I don’t think anyone, that has recently applied, from September has been over 90 days. I’m probably over thinking it tho, and it’ll be approved this week
 

Old FF

Member
I need to quit following all this , I just get confused with all the dates flying around. I submitted online and card was charged back Sept 9 and did call a week ago and was only told sec. of state was verifying my address but nothing else so I suppose that I might be getting close. I honestly don't believe that there is any rhyme or reason how the state processes anything including any of our applications but they do have all of our money so I'm just sitting and waiting.
 
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Spellchek

Active Member
the law does state in unambiguous terms that every pending applicant will be granted provisional access on 12/1
I don't want to start an argument, but the law absolutely does not state that. The verbatim text of the statute reads, "The Department of Financial and Professional Regulation and the Department of Public Health shall submit emergency rulemaking to implement the changes made by this amendatory Act of the 100th General Assembly by December 1, 2018." The requirement is that the rules be submitted by December 1. I understand that some people might read the sentence in a different way, but from a legal perspective the word "submit" is the operative term in the law, not "implement."

Has IDPH met this deadline? We don't know as of the time of this post. December 1 was a weekend, so by law they'd have until today (12/3) to submit the rules. But submitting the rules means filing them with the Secretary of State, which isn't the same as publishing them, posting them, or otherwise making them public. Indeed, they're not technically required to be made public until their publication by the SoS in the Illinois Register, which will happen on Friday at the earliest and possibly not until the 14th due to publication deadlines. We're hoping that we'll see them before that, but we don't know.

I know it's not what any of us wants, but a 1/1 or later roll-out of provisional access would be perfectly compliant with Illinois law. Just FYI.
 

Hullj18

Well-Known Member
I need to quit following all this , I just get confused with all the dates flying around. I submitted online and card was charged back Sept 9 and did call a week ago and was only told sec. of state was verifying my address but nothing else so I suppose that I might be getting close. I honestly don't believe that there is any rhyme or reason how the state processes anything including any of our applications but they do have all of our money so I've just sitting and waiting.
You should be getting your card any day now! It’s usualyl 10-14 days after approval, so if you approved a week ago, you should get your card this or next week.
 

Jasshan

Member
I don't want to start an argument, but the law absolutely does not state that. The verbatim text of the statute reads, "The Department of Financial and Professional Regulation and the Department of Public Health shall submit emergency rulemaking to implement the changes made by this amendatory Act of the 100th General Assembly by December 1, 2018." The requirement is that the rules be submitted by December 1. I understand that some people might read the sentence in a different way, but from a legal perspective the word "submit" is the operative term in the law, not "implement."

Has IDPH met this deadline? We don't know as of the time of this post. December 1 was a weekend, so by law they'd have until today (12/3) to submit the rules. But submitting the rules means filing them with the Secretary of State, which isn't the same as publishing them, posting them, or otherwise making them public. Indeed, they're not technically required to be made public until their publication by the SoS in the Illinois Register, which will happen on Friday at the earliest and possibly not until the 14th due to publication deadlines. We're hoping that we'll see them before that, but we don't know.

I know it's not what any of us wants, but a 1/1 or later roll-out of provisional access would be perfectly compliant with Illinois law. Just FYI.
Perfect explanation. But I’m at 80 days today. Can’t think about provisional. I just want my card.
 

natureboy!

Well-Known Member
Just got through, still haven’t gotten to my name, which I get. What I don’t get is when I asked where they were at in the month and he said he couldn’t tell me the specifics, and I asked if he thought they would get to it this week, he said ‘I don’t think so’ and then he said ‘check back in a couple weeks and we should get to it by then’

I haven’t gotten upset about waiting, but if this is true, that is some BS!
I don't believe he is telling you the truth ! not for a minute ! if that IS true , then what else IS going on ???? mailing out temp registration cards/letters....only thing it could be ?? we know from the information we get on here that's just not true !! he just didn't get to go eat Mexican and have Margaritas with the rest of the crew ! don't worry !
 
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Old FF

Member
You should be getting your card any day now! It’s usualyl 10-14 days after approval, so if you approved a week ago, you should get your card this or next week.
She never said the word approved all she said was the the sec of state office had to verify my address. So I hoping you're right that i might see something soon. This old fart's patience left a long time ago.
 

Hullj18

Well-Known Member
I don't believe he is telling you the truth ! not for a minute ! if that IS true , then what else IS going on ???? mailing out temp registration cards....only thing it could be ?? we know from the information we get on here that's just not true !! he just didn't get to go eat Mexican and have Margaritas with the rest of the crew ! don't worry !
Thanks!!! Helping talking me off the ledge haha :)
 

Myk63

Well-Known Member
I don't want to start an argument, but the law absolutely does not state that. The verbatim text of the statute reads, "The Department of Financial and Professional Regulation and the Department of Public Health shall submit emergency rulemaking to implement the changes made by this amendatory Act of the 100th General Assembly by December 1, 2018." The requirement is that the rules be submitted by December 1. I understand that some people might read the sentence in a different way, but from a legal perspective the word "submit" is the operative term in the law, not "implement."
My main beef is BY December 1st for everyone else in the world means on or before. Try that 2 days later stuff with your license sticker. One law for us, another law for them.

JCAR gets to decide whether whatever is submitted is compliant. Judging the tone of what I heard from one of the politicians it sounds like they don't necessarily expect it to be compliant. Which considering the way IDPH has been the whole time is a reasonable assumption. But IDPH doesn't care because it causes delay either way with no punishment.

If 1/1 is OK why not 6/1? Why not 1/1/2030? I think the question would be do they need the time to enact the changes. Is 4 months reasonable to be able to send out form letters? Everything else for provisional is already in place.
 

natureboy!

Well-Known Member
Thanks!!! Helping talking me off the ledge haha :)
no need to be on a ledge ! he was full of it ! Soon , We will hear about more Sept apps being finished / with cards received or sent OR some Registration letters will start showing up by the crap load !
 

natureboy!

Well-Known Member
Day 60 for me , December 24th will put me at 81 days . the way they were getting threw the apps in early November , I thought I had a real shot at before Christmas. Something Sure slowed them down !
 
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Juke52

Well-Known Member
I don't want to start an argument, but the law absolutely does not state that. The verbatim text of the statute reads, "The Department of Financial and Professional Regulation and the Department of Public Health shall submit emergency rulemaking to implement the changes made by this amendatory Act of the 100th General Assembly by December 1, 2018." The requirement is that the rules be submitted by December 1. I understand that some people might read the sentence in a different way, but from a legal perspective the word "submit" is the operative term in the law, not "implement."
.
Also not trying to engage in an argument, but....

That's a different law, which as you point out, is irrelevant to the issue I was addressing.

The actual relevant language I was referring to is this directive for what went into law on 12/1 (the bold emphasis is mine):

Public Act 100-1114
SB0336 Enrolled LRB100 05118 RJF 15128 b

……


(b) Notwithstanding any other provision of this Act, a

person provided a written certification for a debilitating

medical condition who has submitted a completed online

application to the Department of Public Health shall receive a

provisional registration and be entitled to purchase medical

cannabis from a specified licensed dispensing organization for

a period of 90 days
or until his or her application has been

denied or he or she receives a registry identification card,

whichever is earlier.

……. "

There's no wiggle room there as far as I can tell.
 

Spellchek

Active Member
My main beef is BY December 1st for everyone else in the world means on or before. Try that 2 days later stuff with your license sticker. One law for us, another law for them.
To be fair, there is a law in Illinois that governs the counting of days, and it does give an extension due to the weekend in this case. Leave it to the lawyers to think of everything. (5 ILCS 70/1.11 in case you were curious.)

That's a different law
No friend, it's the exact same law. Feel free to search the full text of Public Act 100-1114 and you'll the text I quoted right in there. Bottom line: there's no provisional access without the rulemaking, and the rulemaking hasn't happened yet. It's just that simple and I can't explain it further without using a bunch of legalese.
 

Jasshan

Member
Also not trying to engage in an argument, but....

That's a different law, which as you point out, is irrelevant to the issue I was addressing.

The actual relevant language I was referring to is this directive for what went into law on 12/1 (the bold emphasis is mine):

Public Act 100-1114
SB0336 Enrolled LRB100 05118 RJF 15128 b

……


(b) Notwithstanding any other provision of this Act, a

person provided a written certification for a debilitating

medical condition who has submitted a completed online

application to the Department of Public Health shall receive a

provisional registration and be entitled to purchase medical

cannabis from a specified licensed dispensing organization for

a period of 90 days
or until his or her application has been

denied or he or she receives a registry identification card,

whichever is earlier.

……. "

There's no wiggle room there as far as I can tell.
They only needed to have HOW they are going to do that in by 12/1. So it can start on that day. But now they start implementing their how. It should be easy. And they probably should of talked about the how before implementation. But they didn’t. No one wants more work. They aren’t going to do anything until they have to. It did go into law 12/1. And they are technically implementing now.
 
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