Marijuana dispensary applicant seeks judicial review of license denial

By Dan Harkins | May 7, 2015

A business has asked a court to review the decision by a state regulatory body to deny it a license to open a medical marijuana dispensary in Chicago.

IL Welmed filed suit filed May 4 in Cook County Circuit Court against the Illinois Department of Financial and Professional Regulation and Jay Stewart, its director of professional regulation.

The suit says the complaint was filed after IL Welmed was turned down for a license to operate the dispensary.  The plaintiff filed for the license Sept. 22, 2014, and, on Nov. 10, 2014, received a deficiency notice about information lacking in the application, the suit says.

Even though a "score sheet" released by the governor's office placed IL Welmed as second, which qualified for the license, its corrected application to the department was postmarked a day after the deadline, according to the suit. The plaintiff alleges it was physically mailed the day before, on the deadline date.

In addition to being late, the suit says, the department alleged IL Welmed only responded to seven of the 14 deficiencies it identified. IL Welmed's attorney maintained all 14 deficiencies had been addressed, the suit says.

IL Welmed seeks a judicial review to compel the state to grant the license. The company is represented by attorneys Michael Pomerantz, Glenn Udell and Bryan King, of Brown, Udell, Pomerantz & Delrahim in Chicago.

Cook County Circuit Court Case No.:15-CH-7317.

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