On August 1, 2013, then-Governor Pat Quinn signed the Compassionate Use of Medical Cannabis Pilot Program Act into law. The Act authorized qualifying patients to register with the state in order to obtain medical marijuana. In 2016 Illinois approved applications for 5,600 qualifying patients. These patient counts were very low, in part because Illinois does not include chronic pain as a qualifying condition. Chronic pain is by far the most common qualifying condition for medical cannabis in other states.

 

In 2018, voters in Cook County–the state’s most populous county that includes Chicago–approved a nonbinding ballot initiative supporting legalizing recreational marijuana at the state level.

 

On June 25, 2019, Illinois Governor J.B. Pritzker signed House Bill 1438 (410 ILCS § 705), the Cannabis Regulation and Tax Act, which establishes licensing and taxation process for adult-use cannabis dispensaries. 

 

This law permits Illinois residents age 21 and over to purchase and possess up to 30g of cannabis, 500mg of cannabis infused product and 5g of cannabis cannabis concentrate from adult-use dispensaries. Non-Illinois residents can make purchases and possess cannabis as well but are limited to 15g of cannabis, 250mg of cannabis-infused product and 2.5g of cannabis concentrate.  

 

The law also automatically expunges all convictions based on possession of up to 30 grams of marijuana. Those with convictions for possessing between 30 to 500 grams may also petition the court to vacate their convictions. 

 

Available License Types

Illinois will be offering 110 more dispensary licenses at the end of 2021. This was signed into law in May 2021 by Governor J.B. Pritzker.

 

Recreational Cultivation Center license

Allows a business to cultivate, process, transport, and perform other necessary activities to provide cannabis and cannabis-infused products to cannabis business establishments.

Nonrefundable application fee of $30,000. 

Annual registration/renewal fee of $100,000 is required.

 

Recreational Craft Grower

Allows licensee to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization

Non refundable application fee of $5,000

$2,500 application fee for social equity applicants

Craft growers are allowed to contain up to 5,000 square feet of canopy space on its premises for cultivating plants that are more than 5 inches tall

 

Recreational Infuser license

Permits business to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product

Non-refundable application fee of $5,000

$2,500 application fee for social equity applicants

Annual renewal fee of $20,000 

 

Recreational Dispensing license

Allows licensee to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers

Non-refundable $30,000 application fee

Annual renewal fee of $60,000 

 

Recreational Transporter license

Allows a business or organization to transport cannabis on behalf of a cannabis business establishment.

Non-refundable application fee of $5,000.

$2,500 application fee for social equity applicants.

Annual renewal fee of $10,000. 

 

The Cannabis Regulation and Tax Act gives local jurisdictions the ability to opt out of the adult use cannabis program and prohibit commercial cannabis activity regardless of state law. The list of local jurisdictions that have enacted, or will likely be enacting bans can be found here.

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