Legal Question in Business Law in Illinois

I am trying to open a Hemp and delta 8 brand. I got my LLC registered and have everything I need to run. Illinois agriculture department keeps giving me problem by stating I am not allowed to “cultivate” hemp in my residential address however I am not trying to grow (cultivate) the hemp instead I’m just trying to load the vape pens with the already processed hemp and sell them. Would you happen to have any attorneys that may help my LLC I’m desperate at this point and have put so much of my personal money into this business and can’t start.

Asked on 2/25/22, 8:26 am

1 Answer from Attorneys

I don't handle these matters specifically, but I did take a moment to look at the Illinois Administrative Code, which you may or may not have looked at. Under the Cannabis Regulation & Tax Act provisions (Part 1300) there is a definition of "Cultivation Center", as follows: " 'Cultivation Center' means a facility operated by an organization or business that is licensed by the Department to cultivate, process, transport (unless otherwise limited by the Act), and perform other necessary activities to provide cannabis and cannabis-infused products to cannabis business establishments. [410 ILCS 705/1-10]". While a complete review of your businses and the laws/codes that regulate them would be needed, it seems that if you are infusing "cannabis" into vape pens, this definition would seem to include what you are doing......

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Answered on 3/10/22, 9:10 am

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