Voters in Illinois approved the Compassionate Use of Medical Cannabis Pilot Program Act in 2013, but it wasn’t until 2016 when the state modified the program to cover additional qualifying conditions and make it easier for physicians to recommend medical cannabis to patients that the program began growing.
More recently, Illinois Governer Pritzker stated that legalizing marijuana would be a top priority for his administration. While legalization or loosening of current laws is likely to take quite a bit of time, it’s clear that there is a large cannabis market in Illinois and signs point to it getting even bigger for cannabis businesses.
For now, the regulations in the state’s Compassionate Use of Medical Cannabis Program Act (effective until July 1, 2020) outline what you can and cannot do if you want to work or own a business in Illinois’ medical marijuana industry.
To help you get a better understanding of those regulations, below is an introduction to the laws governing Illinois’ medical marijuana program as of 2/6/19:
Commercial Grower (Cultivator) Licensing Regulations
Currently, only 22 cultivator licenses are available in Illinois and all have been granted already. Applicants for commercial grower licenses in Illinois are required to pay a $25,000 application fee. In addition, if a cultivator’s application is approved, a $200,000 permit fee is required, and that permit must be renewed each year for an additional $100,000 per year.
A single entity can only have up to three cultivation permits, and an individual cannot be an owner, partner, officer, director, shareholder, or member of more than three cultivation centers.
Licensed cultivation centers in Illinois are only allowed to sell cannabis to licensed dispensaries in the state. Furthermore, cannabis must be tested at an approved testing lab before it can be sold.
Dispensary Licensing Regulations
Illinois allows 60 medical marijuana dispensaries under current laws. The application fee is $5,000. If a dispensary’s application is approved, a $30,000 registration fee is required, which must be renewed every year for $25,000 per year.
Licensed dispensaries in Illinois can only obtain cannabis from licensed cultivators. In addition, they may only sell up to 2.5 ounces of medical marijuana to a patient or a patient’s designated caregiver within a 14-day period (unless the patient has a quantity waiver from the Department of Health).
Delivery Licensing Regulations
Delivery of medical cannabis products to patients in Illinois is not allowed except by a registered qualifying patient’s designated caregiver.
Patient Medical Marijuana Card Qualifications
In Illinois, residents must be at least 18 years of age and submit an application to get a medical cannabis card. The application must include a physician’s written certification that was provided within 90 days of application submission. Patients under age 18 can apply for a medical cannabis card if they suffer from seizures, including epileptic seizures.
Patients are required to choose a dispensary on their application where they plan to purchase medical marijuana products and name a designated caregiver if they can’t visit a licensed dispensary to make purchases.
Patients under age 18 may designate two caregivers if both are the patient’s biological parents or legal guardians and both have significant decision-making responsibilities over the qualifying patient. However, if only one biological parent or legal guardian has significant decision-making responsibilities for the qualifying patient who is under 18 years of age, then that parent or guardian is allowed to appoint a second designated caregiver.
The fee to apply for a medical cannabis card in Illinois is $100 for a one-year card, $200 for a two-year card, and $250 for a three-year card. Veterans and disabled patients pay half of those fees.
The list of qualifying conditions for medical cannabis in Illinois includes:
Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, agitation of Alzheimer’s disease, cachexia/wasting syndrome, muscular dystrophy, severe fibromyalgia, spinal cord disease, including but not limited to arachnoiditis, Tarlov cysts, hydromyelia, syringomyelia, Rheumatoid arthritis, fibrous dysplasia, spinal cord injury, traumatic brain injury and post-concussion syndrome, Multiple Sclerosis, Arnold-Chiari malformation and Syringomyelia, Spinocerebellar Ataxia (SCA), Parkinson’s, Tourette’s, Myoclonus, Dystonia, Reflex Sympathetic Dystrophy, RSD (Complex Regional Pain Syndromes Type I), Causalgia, CRPS (Complex Regional Pain Syndromes Type II), Neurofibromatosis, Chronic Inflammatory Demyelinating Polyneuropathy, Sjogren’s syndrome, Lupus, Interstitial Cystitis, Myasthenia Gravis, Hydrocephalus, nail-patella syndrome, residual limb pain, seizures (including those characteristic of epilepsy), post-traumatic stress disorder (PTSD), or the treatment of these conditions; terminal illness with a diagnosis of 6 months or less; if the terminal illness is not one of the qualifying debilitating medical conditions, then the physician shall on the certification form identify the cause of the terminal illness; or any other debilitating medical condition or its treatment that is added by the Department of Public Health adds.” – Source
Possession Regulations
Qualifying patients and caregivers in Illinois may possess up to 2.5 ounces of cannabis flower or concentrates, but they may only purchase up to 2.5 ounces within a 14-day period.
Non-residents are not allowed to purchase or use medical marijuana in Illinois even if they hold a medical cannabis card from another state.
Self-Cultivation Regulations
Patients and caregivers are not allowed to grow their own medical cannabis in the state of Illinois.
Caregiver Regulations
Caregivers must be 21 years of age or older and may only assist one registered qualifying patient with the use of medical cannabis. Furthermore, they may only possess up to 2.5 ounces of medical cannabis, and they cannot use medical cannabis themselves, grow it themselves, or sell it to anyone.
The caregiver application fee is $25 for a one-year card, $50 for a two-year card, and $75 for a three year card.
How to Learn More about Illinois Medical Marijuana Laws
In addition to all of the regulations discussed throughout this article, it’s important to remember that local municipalities are allowed to implement stricter regulations than those defined by the state. Therefore, it’s important to understand not just the current state laws but also local rules for medical cannabis businesses before you enter the industry.
Today, the medical cannabis program in Illinois is still quite limited, but if the governor has his way, that will change significantly in the future and more business licenses will be available.
To learn more about the complicated regulations and nuances in the Illinois medical marijuana industry so you can work and operate there with confidence (and without making mistakes that can cost you hefty fines, penalties, and your license), register for one of Leafy Green Agency’s upcoming Illinois seminars: