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Yes. A unit of local government may not regulate cannabis-related activities in a manner more restrictive than their regulation by the state under the Act. Home rule preemption applies here. "This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State." Section 55-25(4). Home rule preemption is specifically set forth in Section 55-90 of the Act. "Except as otherwise provided in this Act, a unit of local government, including a home rule unit, may not regulate or license the activities described in this Act."
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January 1, 2020
Adults aged 21 and over.
Up to 30 grams, or about one ounce, of cannabis plant material, edibles totaling no more than 500mg of THC, and five grams of cannabis concentrate products. Non-residents will be able to purchase half of those amounts.
Beginning on January 1, 2020, a Cannabis Cultivation Privilege Tax is imposed by the State of Illinois upon the privilege of cultivating cannabis at the rate of 7% of the gross receipts from the sale of cannabis by a cultivator. This tax rate already exists under current medical cannabis law. As all funds collected under the Cannabis Regulation and Tax Act and under the Compassionate Use of Medical Cannabis Program Act will be deposited into the state's Cannabis Regulation Fund, the 7% cultivation tax that previously only applied to the cultivation of medical cannabis is repealed, effective July 1, 2020 (See 410 ILCS 130/200), and replaced by the same tax that applies to both adult-use and medical cannabis cultivation. All funds received by the Illinois Department of Revenue under the privilege tax shall be paid into the Cannabis Regulation Fund in the state treasury. The Cannabis Cultivation Privilege Tax will be collected in addition to all other occupation or privilege taxes imposed by the State of Illinois or by any municipal corporation or political subdivision (whether the cultivation is for medical or adult-sue purposes).
Only medical cannabis patients will be able to grow plants at home. they are limited to five plants.
No, you will not be able to smoke cannabis in public legally. Consumption in private residences and permitted cannabis consumption lounges will be legal. Local jurisdictions will be able to decide for themselves if they allow dispensaries to let people smoke on-site.
On January 1, existing medical cannabis dispensaries will begin selling to adults until new licenses are approved. Per the law, the state will begin receiving and processing applications for new licenses on January 2, 2020, and dispensary licenses will be issued starting on May 1, 2020. Another round of dispensary licenses will not be issued until after the state completes a disparity and market study of the industry. The second round of licenses must take into account the study's findings.
The law allows for people convicted of possession of under 30 grams prior to legalization to have their records referred to the Prisoner Review Board and Governor Pritzker to pardon. If the pardon is granted, the Illinois Attorney General will move to expunge their records. Those convicted of possession of larger amounts can petition for expungement themselves. Local State's Attorneys can also pursue expungements on a case-by-case basis. Cook County State's Attorney Kim Foxx has stated she supports cannabis legalization in Illinois, and that her office will expunge all misdemeanor cannabis convictions once it becomes legal. She also said the State's Attorney's Office is currently looking at its policy on prosecuting people who have been detained for selling cannabis once it becomes legal in the state.
A unit of local government may enact reasonable zoning ordinances or resolutions not in conflict with the Act or with the Illinois Office of Cannabis Control, Illinois Department of Public Health, Illinois Department of Financial and Professional Regulation, and Illinois Department of Agriculture rules regulating cannabis establishments. A unit of local government may enact ordinances or rules governing the time, place, manner, and number of cannabis establishments, including a minimum distance limitation between cannabis establishments and locations it deems sensitive through the use of special use permits.
A municipality may exert extra-territorial zoning authority in the unincorporated area within one and one-half miles of its corporate limits through the adoption of a comprehensive plan and zoning for that area pursuant to 65 ILCS 5/11-13-1. The municipal ordinances would control that area absent a county zoning ordinance or another municipality with zoning already in place.
Yes. A municipality may regulate and/or allow the on-premises consumption of cannabis at or in a cannabis business establishment within its jurisdiction in a manner consistent with the Act. The Act allows the creation of "cannabis cafes/lounges" at the discretion of the municipality. Cannabis business establishments or other entities authorized or permitted by a municipality to allow on-site consumption shall not be deemed a public place within the meaning of the Smoke-Free Illinois Act.
A dispensing organization may not be located within 1,500 feet of the property line of a preexisting dispensing organization. These distance restrictions are different than those originally imposed by the Illinois Medical Cannabis Program Act. Under the Medical Cannabis Program Act, registered cultivation centers could not locate within 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part-day child care facility or an area zoned for residential use (410 ILCS 130/105(c)) and registered dispensing organizations could not locate within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group day care home, or part-day child care facility or be located in a house, apartment, condominium, or an area zoned for residential use (410 ILCS 130/13(d)). P.A. 101-0363, which made various amendments to the Medical Cannabis Program Act and became effective on August 8, 2019, and eliminated the distance restrictions for medical cannabis dispensaries registered after July 1, 2019.
Yes. A state-issued cannabis establishment license will be denied if the applicant is not in compliance with local zoning rules.
A unit of local government may establish civil penalties for violation of an ordinance or rules governing the time, place, and manner of operation of a cannabis establishment within the jurisdiction of the unit of local government.
The Act provides municipalities with the authority to locally regulate the possession and consumption of cannabis by private citizens in a manner consistent with the Act. Therefore, municipalities may adopt the prohibitions and penalties of the Act into their codes which will give the local governments the ability to enforce and prosecute personal possession and consumption violations through local adjudication or the circuit court.
The Act, in Section 15-70, contains a list of specific business operational rules for adult-use cannabis dispensing organizations that provide a clear baseline of regulatory guidelines for these establishments. Municipalities may include these in any statement on approvals or conditions that are part of any conditional use permit. These rules include:
The dispensing organization shall not:
Yes. The Illinois Office of Cannabis Control shall issue licenses for all dispensing organizations. Dispensing organizations are defined by the Act as a facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from a cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies under the Act to purchasers or to qualified registered medical cannabis patients and caregivers.
Since licensing is a function of the state under the Act, local governments may only enforce generally applicable business registration requirements for cannabis establishments and conduct inspections of the premises to ensure compliance with local ordinances.
The Act creates the following adult-use cannabis licenses, subject to various fees and subject to administration by the Illinois Department of Agriculture and the Illinois Department of Financial and Professional Regulation:
Yes. All licenses expire and are subject to the renewal provisions set forth in the Act. Adult-Use Dispensing Organization Licenses shall expire on March 31 of even-numbered years. Licensees must submit a renewal application provided by the Illinois Department of Financial and Professional Regulation and pay the required renewal fee.