HomeMy Public PortalAbout11-21-23 Plan Commission Agenda PacketPlan Commission
Tuesday, November 21, 2023
7:00 PM
Village Boardroom
24401 W. Lockport Street
Plainfield, IL 60544
Agenda
CALL TO ORDER
PLEDGE TO THE FLAG
ROLL CALL
APPROVAL OF MINUTES
Seeking a motion to approve the Minutes of Plan Commission meeting held on October
17, 2023.
10-17-23 Plan Commission Minutes.pdf
PUBLIC COMMENTS
DEVELOPMENT REPORT
OLD BUSINESS
NEW BUSINESS
1.14617 S. NAPERVILLE RD. (CASE 2023-101223.AA)
1.a.Seeking a motion to open a Public Hearing for the proposed annexation of the property
located at 14617 S. Naperville Road (PIN: 06-03-10-103-063-0000) and the adjacent
vacant lot situated east of the site (PIN: 06-03-10-103-064-0000).
1.b.Seeking a motion to close the Public Hearing for the proposed annexation of the
property located at 14617 S. Naperville Road (PIN: 06-03-10-103-063-0000) and the
adjacent vacant lot situated east of the site (PIN: 06-03-10-103-064-0000).
1.c.Seeking a motion to recommend approval of the annexation of the parcel located at
14617 S. Naperville Road (PIN: 06-03-10-103-063-0000) and the adjacent vacant lot
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Plan Commission Page - 2
situated east of the site (PIN: 06-03-10-103-064-0000), as a logical extension of the
Village of Plainfield.
14617 S. Naperville Rd. Staff Report Packet.pdf
2.ZONING ORDINANCE TEXT AMENDMENT FOR CANNABIS USES (CASE
2032-103023.TA)
2.a.Seeking a motion to open a Public Hearing for the proposed zoning text amendment.
2.b.Seeking a motion to close the Public Hearing for the proposed zoning text amendment.
2.c.Seeking a motion to recommend approval of the proposed text amendments to the
Village of Plainfield Zoning Ordinance as outlined in the staff report.
Text Amendment Staff Report Packet.pdf
DISCUSSION
ADJOURN
REMINDERS -
November 23rd & 24th - Village Offices Closed
November 27th - Committee of the Whole Workshop at 7:00 p.m.
December 4th - Village Board Meeting at 7:00 p.m.
December 5th - Plan Commission at 7:00 p.m.
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Plan Commission
Record of Minutes
Date: October 17, 2023 Location: Village Hall
CALL TO ORDER
Chairman Minnis called the Plan Commission meeting to order at 7:27 p.m. immediately following the
Zoning Board of Appeals meeting.
ROLL CALL
Present: Commissioners Campanella, Goins, Nicholson, Valerga, Womack and Chairman Minnis
Absent: Commissioner Faheem and Heinen
Staff: Jake Melrose, Economic Development Director
Basmah Nadeem, Associate Planner
APPROVAL OF MINUTES
Commissioner Goins made a motion to approve the Minutes of Plan Commission meeting held on October
3, 2023 as presented. Second by Commissioner Campanella. The motion carried unanimously by voice
vote:
PUBLIC COMMENTS
No Public Comments.
DEVELOPMENT REPORT
Mr. Melrose provided an update on the Riverstone subdivision final plat and the Lockley Park development.
OLD BUSINESS
No Old Business.
NEW BUSINESS
15025 S. ILLINOIS ST. - PLAINFIELD PUBLIC LIBRARY DISTRICT
(CASE2026-091823.SU)
Commissioner Valerga made a motion to open the public hearing. Second by Commissioner Nicholson.
The motion carried unanimously by voice vote:
Mr. Melrose and Ms. Nadeem provided an overview of the special use application.
Chairman Minnis swore in Lisa Pappas and Carl Gilmore, applicant, and Eric Penny, architect.
Chairman Minnis asked for public comments.
Ayes: Campanella, Goins, Nicholson, Valerga, Womack and Minnis
Nays: None
Absent: Heinen
Ayes: Campanella, Goins, Nicholson, Valerga, Womack and Minnis
Nays: None
Absent: Heinen
3
Plan Commission Minutes
October 17, 2023
Page 2 of 3
Chairman Minnis swore in James Goodson who voiced his concerns about how this will impact the
improvements the Village has made to the streets, water, sewer, stormwater management, and vehicular
access to the parking lot. Mr. Goodson had questions about where the construction equipment will be stored
and where the construction workers will park. Mr. Penny addressed the questions and concerns. Mr.
Melrose also addressed stormwater management.
Chairman Minnis swore in Theresa Falety who had questions about the project timeline and if the loading
zone in front of building will become on-street parking. Ms. Pappas addressed the questions.
There was discussion about stormwater management, traffic flow through the site, project timeline, and
purpose of the drive-thru window.
Commissioner Valerga made a motion to close the public hearing. Second by Commissioner Nicholson.
The motion carried unanimously by voice vote:
Commissioner Valerga made a motion to adopt the findings of fact of staff as the findings of fact of
the Plan Commission and, furthermore, recommend approval of the proposed special use drive-up
extension for the property located at 15025 S. Illinois Street, subject to the following two (2)
stipulations:
1. Compliance with the requirements of the Village Engineer; and
2. Compliance with the requirements of the Plainfield Fire Protection District.
Second by Commissioner Nicholson. Chairman Minnis called for a vote by roll call. The motion carried
6:0.
2024 MEETING SCHEDULE OF THE PLAN COMMISSION
AND ZONING BOARD OF APPEALS
Commissioner Valerga made a motion to approve the Plan Commission and Zoning Board of Appeals 2024
meeting schedule. Second by Commissioner Nicholson.
The motion carried unanimously by voice vote:
DISCUSSION
Chairman Minnis reminded the public about the vigil this evening.
Chairman Minnis read the reminders.
Ayes: Campanella, Goins, Nicholson, Valerga, Womack and Minnis
Nays: None
Absent: Heinen
Ayes: Campanella, Goins, Nicholson, Valerga, Womack and Minnis
Nays: None
Absent: Heinen
Ayes: Campanella, Goins, Nicholson, Valerga, Womack and Minnis
Nays: None
Absent: Heinen
4
Plan Commission Minutes
October 17, 2023
Page 3 of 3
ADJOURN
Chairman Minnis adjourned the Plan Commission meeting at 8:13 p.m.
Respectfully submitted by
Tracey Erickson
Tracey Erickson, Recording Secretary
Click here to view the video of the meeting.
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TO: PLAN COMMISSION FROM: BASMAH NADEEM, ASSOCIATE PLANNER MEETING DATE: NOVEMBER 21, 2023 SUBJECT: REPORT TO THE PLAN COMMISSION 14617 S. NAPERVILLE RD & ADJACENT VACANT LOT CASE # 2028-101223.AA REQUEST: Annexation (Public Hearing), Annexation Agreement PETITIONER(S): Luz Gabriela Barbosa LOCATION: 14617 S. Naperville Rd & Adjacent Vacant Lot
ZONING: R-3 Will County Residential, Single-Family COMP. PLAN: Low Density Residential DISCUSSION The applicant is seeking annexation by annexation agreement to the Village of Plainfield in order to connect to municipal water and sewer utilities located along Naperville Road.
Existing Conditions/Site Context The subject site is Lot 1 in G. Sedlacek’s Subdivision of Will County. The property currently has a single-family one-story house. The adjacent vacant lot east of the house has an existing shed in the rear. In combination, the lots are approximately 0.94 acres.
The adjacent land-uses, zoning, approximate density and functional street classifications are identified below: North: R-1 Low Density Single-Family Residential; R-3 Will County Residential Single-Family;
S. Naperville Road (Major Collector)
East: R-3 Will County Residential Single-Family South: R-1 Low Density Single-Family Residential; R-3 Will County Residential Single-Family; S. College St. West: R-1 Low Density Single-Family Residential; S. Naperville Road (Major Collector)
John F. Argoudelis PRESIDENT
Michelle Gibas
VILLAGE CLERK
TRUSTEES
Margie Bonuchi Patricia T. Kalkanis
Richard Kiefer Cally Larson Tom Ruane Brian Wojowski
6
REPORT TO THE PLAN COMMISSION Page #2 of 3 2028-101223.AA 10/17/2023 14617 S. NAPERVILLE ROAD ANNEXATION ANALYSIS The applicant is seeking a recommendation from the Plan Commission for annexation into the Village of Plainfield for the property located at 14617 S. Naperville Road and the adjacent vacant lot situated east of the site. The Village’s municipal boundary is adjacent to both properties,
directly north, south, and west of the property. The properties are within the Village’s planning area and the existing uses fit the future planned land use (Low Density Residential) as depicted in the “Future Land Use Plan” of the Village’s Comprehensive Plan. Village utilities are located within close proximity to the subject site, within
S. Naperville Road. As for the adjacent vacant lot, some off-site extension will be necessary due to the distance between S. Naperville Road and the parcel. The petition to annex will be considered by the following questions:
Does the annexation of the property provide for a logical extension of the Village’s municipal
boundaries? Staff submits that the annexation of the subject sites is contiguous to the Village’s incorporated areas. The proposed land would be adjacent to the Maur’s Subdivision. Staff finds that annexing
the land is a logical extension of the Village’s municipal boundaries. Staff would like to note that the annexation of the subject parcel does not prompt the involuntary annexation of nearby properties pursuant to State of Illinois statutes.
What is the appropriate zoning of the property? Upon annexation, the subject properties are given a R-1 (Low Density Single-Family) zoning designation. The existing lot and structures meets the minimum standards for the R-1 zoning district. The applicants are not seeking any variations from the R-1 standards of the Zoning Code.
Staff finds the existing lot and structures to be compatible with homes in the immediate vicinity. The minimum R-1 standards are listed below:
• Minimum Lot Size: 12,000 square feet
• Minimum Lot Width: 85 feet
• Minimum Front Yard Setback: 30 feet
• Minimum Rear Yard Setback: 30 feet
• Minimum Side Yard Setback: 7 feet, 20 combined The applicant has expressed interest in constructing an additional dwelling on the vacant portion of the property. There is no application for a subdivision (preliminary/final plat) and no request
for any variance or relief from the Zoning Code or Subdivision Code at this time. Staff notes that
College Street has been vacated and would not provide public street frontage or access to the subject property. Staff has met and spoken with two adjacent property owners and neighbors who expressed concerns about the potential of a home being built on the vacant portion of the property.
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REPORT TO THE PLAN COMMISSION Page #3 of 3 2028-101223.AA 10/17/2023 14617 S. NAPERVILLE ROAD ANNEXATION CONCLUSION/RECOMMENDATION Staff believes the proposed annexation is a logical extension of the Village’s boundaries. The uses of the properties are consistent with surrounding zoning and residential uses. As well, the Will County Health Department encourages connection to municipal sewer and water if available in
close proximity. Prior to any public comment and discussion by the Plan Commission, staff recommends approval. Should the Plan Commission concur, the following motion is offered for your consideration:
I move we recommend approval of the annexation of the parcel located at 14617 S. Naperville
Road (PIN: 06-03-10-103-063-0000) and the adjacent vacant lot situated east of the site (PIN: 06-03-10-103-064-0000), as a logical extension of the Village of Plainfield.
8
LOCATION MAP - 14617 S. Naperville Rd.
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri
Village Address Points
Parcels
Plainfield Municipal Boundary
10/16/2023, 1:36:00 PM
0 0.03 0.050.01 mi
0 0.04 0.090.02 km
1:2,257
Plainfield Staff
County of Will, Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA | Plainfield GIS | NPMS National Repository | Will County GIS | Will County Clerk Tax Extension | Will County Supervisor of Assessments Office, Bureau of Land Management | County of Will,9
10
11
1
Basmah Nadeem
From:Basmah Nadeem
Sent:Monday, November 6, 2023 10:52 AM
To:Dave Misewicz
Subject:RE: Regarding Case 2028-101223.AA
This is how the lots are currently split.
V g f ,IL
From: Dave Misewicz <>
Sent: Monday, November 6, 2023 10:32 AM
To: Basmah Nadeem <bNadeem@goplainfield.com>
Subject: RE: Regarding Case 2028‐101223.AA
12
2
Basmah.
I left you a message to call me.
I don’t see how the property was split when the only hearing to split it was denied back in
2022. The will county land use department denied the variance to change the lot frontage
from 90’ down to 0’ in order to split the lot. So how can it be split without another hearing?
Dave
From: Basmah Nadeem [mailto:bNadeem@goplainfield.com]
Sent: Monday, November 6, 2023 9:20 AM
To: Dave Misewicz
Subject: RE: Regarding Case 2028-101223.AA
Hi Dave,
Yes, that’s correct, along with some off‐site extension required for the adjacent vacant lot. The property has already
been split into two, is this what you’re mentioning?
V g f f ,IL
From: Dave Misewicz <>
Sent: Friday, November 3, 2023 4:59 PM
To: Basmah Nadeem <bNadeem@goplainfield.com>
Subject: RE: Regarding Case 2028‐101223.AA
Basmah,
So I assume the sewer and water taps would be off Plainfield Naperville Road because there is
no sewer line down S. College Street. (we do have water though). I wonder if she knows she
has to pay the entire cost of connecting those services to her home.
Also I want to make sure there is no mention of being able to split the property in the future. It
was already denied by the county when the previous owner tried to split it. Village also
recommended that the property not be split as well.
Dave
From: Basmah Nadeem [mailto:bNadeem@goplainfield.com]
Sent: Friday, November 3, 2023 3:14 PM
To:
Subject: RE: Regarding Case 2028-101223.AA
Hi Dave,
13
14
TO: PLAN COMMISSION
FROM: JAKE MELROSE, AICP, DEVELOPMENT DIRECTOR
DATE: NOVEMBER 21, 2023
SUBJECT: REPORT TO THE PLAN COMMISSION
TEXT AMENDMENTS TO THE ZONING CODE
CASE NUMBER 2032-103023.TA
REQUEST: Zoning Ordinance Text Amendments (Public Hearing)
APPLICANT: Village of Plainfield
DISCUSSION
On December 12, 2022, Village staff provided information to the Village Board at a Committee
of the Whole regarding Cannabis Uses, specifically the use of recreational cannabis dispensaries.
The discussion was high level to see if there was interest in bringing this forward in further detail.
While the feedback was mixed, some trustees were in favor of discussing in more detail and
ultimately a decision was made to place a referendum on the April consolidated election ballot
asking the question whether or not a voter wanted to see recreational cannabis dispensary retail in
the Village of Plainfield.
On July 24, 2023, Village staff presented at a Committee of the Whole in more detail with the
referendum results in favor of allowing recreational cannabis by a vote of 1,558 yes and 1,527 no.
Staff provided statistical data regarding marijuana/cannabis legalization polling and the associated
demographics with those polls in comparison to Plainfield’s population. The demographic data
was provided through the Pew Research Center and staff has provided other polling from other
organizations (attached) all of which correspond to the data presented affirming that 58% to 62%
of the overall population (all ages) support recreational marijuana. The age demographics also
presented were affirmed illustrating older populations are more split near 50/50 and as the age gets
younger the more percentage for “in favor” increases.
On September 25, 2023, Village staff presented the proposed amendments that would allow adult-
use cannabis facilities in the Village to the Village Board at a Committee of the Whole.
John F. Argoudelis
PRESIDENT
Michelle Gibas
VILLAGE CLERK
TRUSTEES
Margie Bonuchi
Patricia T. Kalkanis
Richard Kiefer
Cally Larson
Tom Ruane
Brian Wojowski
15
REPORT TO THE PLAN COMMISSION Page #2 of 4
2032-103023.TA 02/07/2023
TEXT AMENDMENTS TO THE ZONING CODE
In light of these conversations and the passed referendum, staff has prepared a zoning text
amendment amending Section 9-62 Additional standards for registered cannabis dispensaries. The
amendment will repeal and replace the existing section with a new “Section 9-62 Adult-Use
Cannabis Facilities” section that will provide new regulations for adult-use cannabis facilities,
particularly dispensaries, that permits the legal sale of cannabis in the Village. The amendment
also includes other pertinent changes to the Zoning Ordinance definitions and permitted land use
tables.
ANALYSIS
Staff has provided supplemental information attached to this report that includes the COW staff
presentation to the Board, an IML Fact Sheet regarding cannabis uses, and buffer maps illustrating
the distancing requirements for dispensaries in the B3 zoning district. Staff did not provide maps
for the other uses in I-1 and I-2 as most areas in the industrial zones meet the buffer requirements
except for a small pocket at the northeast corner of 143rd St. and Van Dyke Road.
The proposed amendment provides certain zoning regulations associated with adult-use cannabis
facilities. Below is a summary associated with the proposed zoning ordinance amendments:
Section 9-62 (Repeal and Replace)
Establishes use regulations for cannabis dispensaries, craft growing facilities, cultivation centers,
cannabis infusers, and cannabis processors.
Cannabis dispensaries
• Dispensaries are retail stores selling cannabis for consumption and associated products
• Two (2) total dispensaries to be allowed in the Village – one north of Lockport St and
one south
• Distancing requirements 250 feet from pre-existing schools, day cares, and residential lot
of record in R-1 and R-2 single family districts
• 1,500 spacing from any other dispensary
Craft Growers
• One (1) total craft growing facility shall be permitted.
• Distancing requirements 250 feet from pre-existing schools, day cares, and residential lot
of record in R-1 and R-2 single family districts
Cultivation Center
• One (1) total craft growing facility shall be permitted.
• Distancing requirements 250 feet from pre-existing schools, day cares, and residential lot
of record in R-1 and R-2 single family districts
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REPORT TO THE PLAN COMMISSION Page #3 of 4
2032-103023.TA 02/07/2023
TEXT AMENDMENTS TO THE ZONING CODE
Cannabis Infuser
• One (1) total craft growing facility shall be permitted.
• Distancing requirements 250 feet from pre-existing schools, day cares, and residential lot
of record in R-1 and R-2 single family districts
Cannabis Processor
• One (1) total craft growing facility shall be permitted.
• Distancing requirements 250 feet from pre-existing schools, day cares, and residential lot
of record in R-1 and R-2 single family districts
SECTION 9-13 Uses. Table II-1 Permitted and Special Uses in All Zoning Districts
The permitted land use table is proposed to be amended by adding the subject uses all as special
uses in their corresponding districts. Dispensaries would be allowed by special use in B3
districts only and all other uses would be allowed in the Village’s industrial districts as a special
use.
Table II-1. Permitted and Special Uses in All Zoning Districts
Adult Use Cannabis Business
Establishment Types
Zoning Districts
Residential
R1, R2, R3, R4 AG B1 B3 B5 I-1 I-2
Adult-Use Cannabis Dispensary - - - S - - -
Adult-Use Cannabis Craft Grower - - - - - S S
Adult-Use Cannabis Cultivation
Center - - - - - S S
Adult-Use Cannabis Infuser - - - - - S S
Adult-Use Cannabis Processor - - - - - S S
Other Amendments
To further clarify the dispensary use, staff is proposing an amendment to the off-street parking
schedule of 1 space per 200 SF of gross floor area (GFA) as well as 1 bicycle space per 20 vehicle
spaces which is comparable to a food shop or café. The other uses are similar uses to the industrial
categories and do not need their own designation.
Staff also provided clear definitions of each of the newly proposed uses.
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REPORT TO THE PLAN COMMISSION Page #4 of 4
2032-103023.TA 02/07/2023
TEXT AMENDMENTS TO THE ZONING CODE
CONCLUSION/RECOMMENDATION
Staff looks forward to discussion, input and direction on these topics from the Plan Commission
and public.
Should the Plan Commission support the proposed text amendment, as may be modified following
discussion at the November 21st public hearing, the following motion is offered for your
consideration:
I move we recommend approval of the proposed text amendments to the Village of Plainfield
Zoning Ordinance as outlined in the staff report and attachments.
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(Current Section 9-62 repealed and replaced with the following)
Section 9-62 Adult-Use Cannabis Facilities
As the State of Illinois enacted the Cannabis Regulation and Tax Act (“State Cannabis Act”), which has
legalized the possession, use, cultivation, transportation, and dispensing of adult-use cannabis through
certain regulations, this Section, and other applicable ordinances, intent and purposes is to regulate these
facilities occurring in the corporate limits of the Village of Plainfield, IL. All uses herein shall adhere to
the State Cannabis Act regulations. If a cannabis use organization and/or business is found not to be in
compliance with the State of Illinois of Village of Plainfield, IL regulations, the associated special use
permit and business license shall be revoked.
A. Adult-Use Cannabis Dispensaries
1. The number of cannabis dispensaries, whether medical or recreational, shall be limited to no more
than two (2). Only one (1) cannabis dispensary shall operate on the north side of Lockport Street
and only one (1) cannabis dispensary on the south side of Lockport Street. No adult-use cannabis
dispensaries shall operate without written authorization from the Community
Development/Planning Director.
2. An Adult-Use Cannabis Dispensary shall not be located on a parcel that is within 250 feet of a
parcel containing a pre-existing Primary or Secondary School, Private Boarding School, Day
Care Center, Day Care Home, or a residential lot of record within the following zoning districts
that is used or to be used as a residence: R-1 Low Density Single Family Residential District, R-
2 Single Family and Two-Family Residential District.
3. The facility may not be located within 1,500 feet from another adult-use cannabis facility that has
been approved for a special use permit to operate as a cannabis facility in the Village of
Plainfield.
4. Village approval of a Special Use for an Adult-Use Cannabis Dispensary shall be conditional
upon the applicant providing the Village with documentation proving the receipt of a valid Adult-
Use Dispensing Organization License, as defined in the State Cannabis Act, granted from the
State of Illinois Department of Financial and Professional Regulation.
5. Consumption of cannabis and cannabis-infused products on the premises of any cannabis
business establishment as defined in the Cannabis Regulation and Tax Act shall be prohibited.
B. Adult-Use Cannabis Craft Growing Facility
1. The number of cannabis craft growing facilities shall be limited to no more than one (1). No
adult-use cannabis craft growing facilities shall operate without written authorization from the
Community Development/Planning Director.
2. The facility may not be located within 250 feet of a parcel containing a pre-existing Primary or
Secondary School, Private Boarding School, Day Care Center, Day Care Home, or a residential
lot of record within the following zoning districts that is used or to be used as a residence: R-1
Low Density Single Family Residential District, R-2 Single Family and Two-Family Residential
District.
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3. The facility may not conduct any sales or distribution of cannabis other than as authorized by the
State Cannabis Act.
C. Adult-Use Cannabis Cultivation Center
1. The number of cannabis cultivation center facilities shall be limited to no more than one (1). No
adult-use cannabis craft growing facilities shall operate without written authorization from the
Community Development/Planning Director.
2. The facility may not be located within 250 feet of a parcel containing a pre-existing Primary or
Secondary School, Private Boarding School, Day Care Center, Day Care Home, or a residential
lot of record within the following zoning districts that is used or to be used as a residence: R-1
Low Density Single Family Residential District, R-2 Single Family and Two-Family Residential
District.
3. The facility may not conduct any sales or distribution of cannabis other than as authorized by the
State Cannabis Act.
D. Adult-Use Cannabis Infuser
1. The number of cannabis infuser facilities shall be limited to no more than one (1). No adult-use
cannabis craft growing facilities shall operate without written authorization from the Community
Development/Planning Director.
2. The facility may not be located within 250 feet of a parcel containing a pre-existing Primary or
Secondary School, Private Boarding School, Day Care Center, Day Care Home, or a residential
lot of record within the following zoning districts that is used or to be used as a residence: R-1
Low Density Single Family Residential District, R-2 Single Family and Two-Family Residential
District.
3. The facility may not conduct any sales or distribution of cannabis other than as authorized by the
State Cannabis Act.
E. Adult-Use Cannabis Processor Facility
1. The number of cannabis processor facilities shall be limited to no more than one (1). No adult-
use cannabis processor facilities shall operate without written authorization from the Community
Development/Planning Director.
2. The facility may not be located within 250 feet of a parcel containing a pre-existing Primary or
Secondary School, Private Boarding School, Day Care Center, Day Care Home, or a residential
lot of record within the following zoning districts that is used or to be used as a residence: R-1
Low Density Single Family Residential District, R-2 Single Family and Two-Family Residential
District.
3. The facility may not conduct any sales or distribution of cannabis other than as authorized by the
State Cannabis Act.
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F. Measurement of Distance Requirements
1. Any distance limitation in this Section is measured from the outside perimeter of the cannabis
business facility’s lot line and the outside perimeter of the closest point of the building/unit for
the following uses: pre-existing Primary or Secondary School, Private Boarding School, Day
Care Center, Day Care Home. Any distance limitation in this Section for R-1/R-2 residential
shall be measured from the outside perimeter of the cannabis business facility’s lot line to the
outside perimeter of the R-1//R-2 lot line at their closest point.
SECTION 9-13 Uses. Table II-1 Permitted and Special Uses in All Zoning Districts
(amended to include the following)
Table II-1. Permitted and Special Uses in All Zoning Districts
Adult Use Cannabis Business
Establishment Types
Zoning Districts
Residential
R1, R2, R3, R4 AG B1 B3 B5 I-1 I-2
Adult-Use Cannabis Dispensary - - - S - - -
Adult-Use Cannabis Craft Grower - - - - - S S
Adult-Use Cannabis Cultivation Center - - - - - S S
Adult-Use Cannabis Infuser - - - - - S S
Adult-Use Cannabis Processor - - - - - S S
SECTION 9-78. – Schedule of off-street parking requirements – Table IX-1
(amended to include the following)
Table IX-1. Off Street Parking Schedule
Use Category Parking Standards Bicycle Standards
Adult-Use Cannabis Dispensary 1 space per 200 sq. ft. of GFA 1 space per 20 vehicle spaces
ARTICLE XVI. – DEFINITIONS
(amended to include the following)
Adult-Use Craft Grower. A facility operated by an organization or business that is licensed by the Illinois
Department of Agriculture 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, per the State Cannabis Act.
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Adult-Use Cannabis Cultivation Center. A facility operated by an organization or business that is
licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and
perform other necessary activities to provide cannabis and cannabis-infused products to licensed cannabis
business under the State Cannabis Act.
Adult-Use Cannabis Dispensary. A facility operated by an organization or business that is licensed by
the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed
cannabis business establishments for the purpose of selling or dispensing either medical and/or recreational
cannabis, cannabis-infused products, paraphernalia or related supplies to purchasers or to qualified
registered medical cannabis patients and caregivers under the State of Cannabis Act.
Adult-Use Cannabis Infuser. A facility operated by an organization or business that is licensed by the
Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product
formulation to produce a cannabis-infused product under the State Cannabis Act.
Adult-Use Cannabis Processor Organization. A facility operated by an organization or business that is
licensed by the Illinois Department of Agriculture to either extract constituent chemicals or cannabis
concentrate into a product formulation to produce a cannabis product, per the State Cannabis Act.
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Champion
Creek
Meadows
Kohls
CHAMPION DR
H
E
RITA
GEMEADOWS
D
R
119TH ST RT 59County of Will, Maxar, Microsoft
250ft Buffer around schools, daycares & R-1/R-2 Zoning
Highway Business District
119th & IL 59: 250 Foot Buffers For Schools, Daycares, & R-1/R-2 Residence
Disclaimer: The Village of Plainfield provides no warranty, expressed or implied, as to the accuracy,reliability or completeness of furnished data. Users are cautioned to consider carefully the provisionalnature of these data and information before using them for decisions that concern personal or publicsafety or the conduct of business that involves substantial monetary or operational consequences.Conclusions drawn from, or actions undertaken on the basis of, such data and information are the soleresponsibility of the user. Maps and data are to be used for reference purposes only.
0 475 950237.5 Feet
23
Heritage
Meadows
Kensington
Center
Enclave
at 127th
The Ponds
at Plainfield
TargetHERITAGEMEADOWSDR 127TH ST
PRAIRIE GROVEDR
RT 59County of Will, Maxar, Microsoft
250ft Buffer around schools, daycares & R-1/R-2 Zoning
Highway Business District
127th & IL 59: 250 Foot Buffers For Schools, Daycares, & R-1/R-2 Residence
Disclaimer: The Village of Plainfield provides no warranty, expressed or implied, as to the accuracy,reliability or completeness of furnished data. Users are cautioned to consider carefully the provisionalnature of these data and information before using them for decisions that concern personal or publicsafety or the conduct of business that involves substantial monetary or operational consequences.Conclusions drawn from, or actions undertaken on the basis of, such data and information are the soleresponsibility of the user. Maps and data are to be used for reference purposes only.
0 525 1,050262.5 Feet
24
Shell
Bronk
Estates
Eagle
Chase
Meijer
Menards
Pheasant
ChaseQuail
Run
Riviera Estates
The
The Ponds
at Plainfield
Fire Dept.
Campus
Eaton
Preserve
Jewel
Golden
Meadow
Estates
Baker
FordRT 59VAN DYKE RD135TH ST
DOUGLAS DR
County of Will, Maxar, Microsoft
250ft Buffer around schools, daycares & R-1/R-2 Zoning
Business Transition Designation
Business Convenience District
Highway Business District
135th & IL 59: 250 Foot Buffers For Schools, Daycares, & R-1/R-2 Residence
Disclaimer: The Village of Plainfield provides no warranty, expressed or implied, as to the accuracy,reliability or completeness of furnished data. Users are cautioned to consider carefully the provisionalnature of these data and information before using them for decisions that concern personal or publicsafety or the conduct of business that involves substantial monetary or operational consequences.Conclusions drawn from, or actions undertaken on the basis of, such data and information are the soleresponsibility of the user. Maps and data are to be used for reference purposes only.
0 660 1,320330 Feet
25
Crossroads
Business
Center
Diageo
Patriot
Square
Shell
WALLIN DR143RD STRT 30County of Will, Maxar, Microsoft
250ft Buffer around schools, daycares & R-1/R-2 Zoning
Highway Business District
Wallin Drive & U.S. Route 30: 250 Foot Buffers For Schools, Daycares, & R-1/R-2 Residence
Disclaimer: The Village of Plainfield provides no warranty, expressed or implied, as to the accuracy,reliability or completeness of furnished data. Users are cautioned to consider carefully the provisionalnature of these data and information before using them for decisions that concern personal or publicsafety or the conduct of business that involves substantial monetary or operational consequences.Conclusions drawn from, or actions undertaken on the basis of, such data and information are the soleresponsibility of the user. Maps and data are to be used for reference purposes only.
0 275 550137.5 Feet
26
NAPERVILLERDMAIN STRT 59County of Will, Maxar, Microsoft
250ft Buffer around schools, daycares & R-1/R-2 Zoning
Business Transition Designation
Business Convenience District
Highway Business District
Traditional Business District
Central Business District: 250 Foot Buffers For Schools, Daycares, & R-1/R-2 Residence
Disclaimer: The Village of Plainfield provides no warranty, expressed or implied, as to the accuracy,reliability or completeness of furnished data. Users are cautioned to consider carefully the provisionalnature of these data and information before using them for decisions that concern personal or publicsafety or the conduct of business that involves substantial monetary or operational consequences.Conclusions drawn from, or actions undertaken on the basis of, such data and information are the soleresponsibility of the user. Maps and data are to be used for reference purposes only.
0 275 550137.5 Feet
27
Arbor of
PlainfieldFairfield CommonsParkview
Meadows
Renwick
Community
Park
Renwick
Place
Villas
at Fox Run
Vintage
Harvest
Pavillion
PSD 202District
OfficesCentral
Elementary
McMillen
Farm
Renwick
Heights
Renwick PointeLichtenwalter
Subdivision
JEC
Lichtenwalter
Commercial
Spangler Farm
HOWARD STFEENEY DRFRASER RD
RENWICK RD
IL-59RT 59County of Will, Maxar, Microsoft
250ft Buffer around schools, daycares & R-1/R-2 Zoning
Business Transition Designation
Business Convenience District
Highway Business District
Renwick & IL 59: 250 Foot Buffers For Schools, Daycares, & R-1/R-2 Residence
Disclaimer: The Village of Plainfield provides no warranty, expressed or implied, as to the accuracy,reliability or completeness of furnished data. Users are cautioned to consider carefully the provisionalnature of these data and information before using them for decisions that concern personal or publicsafety or the conduct of business that involves substantial monetary or operational consequences.Conclusions drawn from, or actions undertaken on the basis of, such data and information are the soleresponsibility of the user. Maps and data are to be used for reference purposes only.
0 675 1,350337.5 Feet
28
Arbor
Creek
Arbor of
Plainfield
Lake Renwick
Nature
Preserve
Peerless
Estates
Plainfield
Lanes
Winding
Creek
Lake RenwickNature
Preserve
PSD 202
District
Offices
Sa
n
d
h
u
r
s
t
Renwick
Heights
Renwick PointeClow Stephens
Community Park
The Boulevard
Louis-Joliet
Mall
LILYCACHERDHOWARD STRENWICK RD
FEENEY DR
PL
A
I
N
F
I
E
L
D
R
DFRONTAGE RDLINC
O
L
N
H
W
Y
JO
L
I
E
T
R
D
County of Will, Maxar
250ft Buffer around schools, daycares & R-1/R-2 Zoning
Business Convenience District
Highway Business District
U.S. Route 30 South Corridor: 250 Foot Buffers For Schools, Daycares, & R-1/R-2 Residence
Disclaimer: The Village of Plainfield provides no warranty, expressed or implied, as to the accuracy,reliability or completeness of furnished data. Users are cautioned to consider carefully the provisionalnature of these data and information before using them for decisions that concern personal or publicsafety or the conduct of business that involves substantial monetary or operational consequences.Conclusions drawn from, or actions undertaken on the basis of, such data and information are the soleresponsibility of the user. Maps and data are to be used for reference purposes only.
0 1,000 2,000500 Feet
29
Adult-Use
Cannabis
Business
Establishments
Village of Plainfield
Planning Department
30
Terminology
•“Cannabis” means marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa
and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the
resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its
seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced
directly or indirectly by extraction
•"Cannabis business establishment" means a cultivation center, craft grower, processing organization, infuser organization,
dispensing organization, or transporting organization.
•“Cannabis dispensing organization” means a facility operated by an organization or business that is licensed by the Illinois
Department of Financial and Professional Regulation 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, per the Act, as it may be amended from time-to-
time, and regulations promulgated thereunder.
231
Background and Timeline
•On January 1, 2020, the Cannabis Regulation and Tax Act was put into effect in
the State of Illinois.
•Legalizes possession and use of cannabis for adults 21 and over
•Allows for the sale of cannabis and cannabis products by a licensed
business (informs of the process to obtain a license and maintain
compliance with the set regulations)
•Discusses state agency roles, regulations, and related programs
•23 States have fully legalized cannabis for recreational use
•14 States have legalized cannabis for medicinal use only
•On October 7, 2019, the Village Board adopted Ordinance No. 3434 to
prohibit cannabis related business (opted-out) within the Village of Plainfield.
•On December 19, 2022, the Village Board adopted Resolution No. 1825
providing for the submission of an advisory referendum concerning the
allowance of cannabis uses within the Village of Plainfield to appear on the
April 4, 2023 consolidated election ballot.
•Referendum results: 1,558 yes votes (50.5%) and 1,527 no votes (49.50%)
•Average age of local election voters is 60 years old
•Plainfield Median Age: 37 years old (over 20,000 between ages 21-59)
•Pew Research Center: 2022 survey states 59% of all adults support
recreational cannabis
332
State Departments at Play
Dept. of Financial
and Professional
Regulation
Enforces the provisions
of this Act relating to
the oversight and
registration of
dispensing
organizations and
agents, including
issuing or revoking
licenses.
Dept. of Public
Health
Makes
recommendations to
the Dept. of
Agriculture and the
Dept. of Financial and
Professional Regulation
on appropriate health
warnings for
dispensaries and
advertising.
Dept. of Human
Services
Develops and
disseminates
educational materials
for purchasers based
on recommendations
from the Dept. of
Public Health and the
Adult Use Cannabis
Health Advisory
Committee.
Adult Use Cannabis
Health Advisory
Committee
Monitor changes in
drug use data in Illinois
and the emerging
science and medical
information relevant to
the health effects
associated with
cannabis use and
provides
recommendations to
other departments.
Dept. of Agriculture
Enforces provisions of
the Act relating to the
oversight and
registration of
cultivation centers,
craft growers, infuser
organizations, and
transporting
organizations and
agents (i.e.potency,
serving size, etc.).
433
State Statue Regulations on
Licensed Cannabis Establishments
Application Requirements:Examples of Operational Requirements:
•All cannabis products must be obtained from an Illinois registered
adult use cultivation center, craft grower, infuser, or another
dispensary (shall inspect before dispensing)
•Deliveries may not be accepted through the public access areas
unless otherwise approved by the State
•A dispensing organization shall maintain compliance with State and
local building, fire, and zoning requirements or regulations
•A dispensing organization shall submit a list to the Department of the
names of all service professionals that will work at the dispensary
•A dispensary may operate between 6 a.m. and 10 p.m. local time
•A dispensing organization must keep all lighting and air treatment
systems in good working order
•A dispensing organization shall ensure that any building or
equipment is maintained in a clean and sanitary condition
5
•A resume for each principal officer
•A description of the training and education provided to employees
•A copy of the proposed operating bylaws
•A copy of the proposed business plan (services and process)
•A copy of the proposed security plan
•A proposed inventory control plan
•A proposed floor plan
•A plan for community engagement
•Procedures to ensure accurate recordkeeping and security measures
•The estimated volume of cannabis it plans to store at the dispensary
•A description of features that comply with ADA accessibility measures
•A proposed air quality/odor plan
•A proposed diversity plan
•A contract with a private security contractor agency
34
Local Dispensary Regulations
Quantity & Time
•Hours of operation limitations
•State Statue: A dispensary may
operate between 6 a.m. and 10 p.m.
local time.
•Limit the amount of licenses
Place
•Special/conditional use or permitted
by right
•Zoning districts
•Number of locations
•Buffer requirements
•Parking requirements
•Additional building standards
Manner of Operation
•Allow or prohibit consumption on-
site
•Business registration with the
Building Department
•Allow or prohibit cultivation centers,
craft growers, processing
organizations, and transporting
organizations
635
Community Comparisons
Naperville
•Prohibits craft growers; processing operation; transporting operations; cultivation centers; and infuser operations
•Dispensing organizations are permitted in the B2, B3, HS, I, ORI, and RD Zoning Districts
•Requires approval of a conditional use if located in
the I, ORI, and RD Districts
•No more than three (3) dispensaries within City limits
•Dispensaries shall not be located within one thousand (1,000) feet of a pre-existing primary or
secondary school
•Dispensaries shall not be located within two hundred fifty (250) feet of a pre-existing property zoned for residential use
•Dispensaries shall not be located within one (1) mile
of an existing cannabis dispensing organization
•Drive-throughs shall be prohibited at dispensaries
•No cannabis or cannabis paraphernalia shall be visible from outside the premises
•On-site consumption is prohibited
•Requires a completed dispensary application for an available dispensary occupancy permit
St. Charles
•Prohibits Cannabis Cultivation Centers, Cannabis
Craft Growers, Cannabis Infuser Organizations,
Cannabis Processing Organizations, and Cannabis
Transporting Organizations
•Requires approval of a special use if located in the
BC or BR Districts
•No more than two (2) dispensaries within City limits
(one east and one west of Fox River)
•One of the dispensaries shall be licensed by the
State of Illinois within the State of Illinois for a
minimum consecutive period of one (1) year
•Dispensaries shall not be located on a parcel that is
within 250 ft. of a parcel containing a pre-existing
Primary or Secondary School, Private Boarding
School, Day Care Center, Day Care Home, or a
parcel within a single-family residential zoning
district
•Dispensaries shall not be located within 1,500 ft. of
the property line of another Recreational Cannabis
Dispensing Organization or Medical Cannabis
Dispensing Organization
•On-site consumption is prohibited
Other Opt-in Communities
•Oswego, IL
•Joliet, IL
•Shorewood, IL
•Channahon, IL
•Bolingbrook, IL
•Mokena, IL
•Highland Park, IL
•Deerfield, IL
•Crystal Lake, IL
•Niles, IL
•Oakbrook Terrace, IL
•Skokie, IL
•Lombard, IL
•Mount Prospect, IL
•Arlington Heights, IL 736
State and Local Tax
State
•The State imposes the following tax on cannabis
dispensaries:
•Cannabis flower or products with less than 35 percent
Tetrahydrocannabinol (THC): 10 percent tax.
•Cannabis-infused products (i.e.edibles): 20 percent
tax.
•Cannabis flower or products with a THC concentration
higher than 35 percent: 25 percent tax.
8
Local
•Municipalities can impose a Retailers’ Occupation Tax (MCROT):
cannot exceed a 3% tax on the sale of cannabis products.
•The Illinois Department of Revenue (IDOR) will collect and
administer the MCROT.
•Existing state, county, and local sales tax will also apply.
•Expected projections:
•Approximately $200,000 in revenue from the 3% tax annually
per dispensary.
37
Existing Dispensaries Nearby
Existing dispensaries near
Plainfield:
•Rise: Joliet, IL (2 locations)
•Verilife: Romeoville, IL
•Sunnyside: Naperville, IL
•Zen Leaf: Aurora, IL (2 locations)
•Rise: Naperville, IL
•NuEra: Aurora, IL
•Zen Leaf: Naperville, IL
•Verilife: Aurora, IL
9
Recently approved locations
near Plainfield:
•Ivy Hall: Bolingbrook, IL
•Cloud 9: Oswego, IL
•Catalyst Cannabis: Oswego, IL
38
Staff Recommendations
•Allow adult-use cannabis dispensaries as a permitted use in the following
zoning districts: B-3 and I-1 with site locating regulations.
•Limit to two dispensaries within the Village’s boundaries (i.e.one North and
one South of Lockport St.)
•Require the following buffers (distances measured lot line to lot line):
•250 feet from a pre-existing public/private preschool, elementary or
secondary school
•250 feet from a pre-existing public/private daycare center or daycare
home
•250 feet from any pre-existing R-1 or R-2 zoned property used as a
residence
•1,500 feet from a pre-existing recreational or medical cannabis
dispensary
•Prohibit consumption on premises
•Add a parking requirement for adult-use cannabis dispensaries; 1 per 200
or 250 sf of GFA
•Impose a 3% sales tax on the sale of cannabis products 10
Potential Items to Include in a
Zoning Text Amendment:
Potential Items to Request in an
Application for a Cannabis Dispensary:
•Application/Application fee.
•Legal description of the property and Plat of Survey.
•Development plans (including but not limited to site plan, landscape plan,
floor plans, elevations, photometrics plan, signage plan, etc., as applicable).
•Cover letter of proposal (including information on the business’s operations)
•A copy of all documents submitted to the appropriate state agency for
issuance of a state license
•A copy of the cannabis business establishment's state issued license
•A security and outdoor lighting plan to be reviewed by the Village’s Police
Department prior to the public meeting for any zoning requests.
39
Example Sites for Discussion
11
13470 S. Route 59, Plainfield, IL 60585 Boulevard Place & Route 30, Plainfield, IL 60586
40
ILLINOIS MUNICIPAL LEAGUE
Frequently Asked Questions
Cannabis Regulation and Tax Act
as Amended by P.A. 102-0098
Updated September 1, 2021
Originally authored by
In partnership with
and as updated by
KLEIN, THORPE & JENKINS, LTD.Attorneys at Law
KTJ
KLEIN, THORPE AND JENKINS, LTD.
20 North Wacker Drive, Suite 1660 15010 S. Ravinia Avenue, Suite 10 7 Northpoint Drive
Chicago, Illinois 60606 Orland Park, Illinois 60462 Streator, Illinois 61364
(312) 984-6400 (708) 349-3888 (815) 672-3116
ILLINOIS MUNICIPAL LEAGUE
500 East Capitol Avenue | P.O. Box 5180
Springfield, Illinois 62705-5180
(217) 525-1220
VIII 41
i
INDEX
ADVERTISING .......................................................................................................................................... 1
CRAFT GROWERS ................................................................................................................................... 2
CULTIVATION CENTERS ...................................................................................................................... 3
DISPENSING ORGANIZATIONS .......................................................................................................... 4
DRIVING UNDER THE INFLUENCE (DUI) ........................................................................................ 7
EMPLOYMENT CONCERNS .................................................................................................................. 9
EXPUNGEMENTS .................................................................................................................................. 11
FREEDOM OF INFORMATION ACT (FOIA) ................................................................................... 13
HOME CULTIVATION .......................................................................................................................... 14
INFUSER ORGANIZATIONS OR INFUSERS .................................................................................... 15
LICENSING .............................................................................................................................................. 16
LOCAL GOVERNMENT ........................................................................................................................ 19
SOCIAL JUSTICE .................................................................................................................................... 25
TAXATION, REVENUES AND APPROPRIATIONS........................................................................ 26
USE AND POSSESSION ........................................................................................................................ 29
42
43
1
What are the restrictions on advertising for a cannabis business establishment?
“Advertise” means to engage in promotional activities including, but not limited to: newspaper,
radio, Internet and electronic media, and television advertising; the distribution of fliers and
circulars; and the display of window and interior signs. "Advertise" does not mean exterior
signage displaying only the name of the licensed cannabis business establishment.
No cannabis business establishment nor any entity or person shall engage in advertising that
contains any statement or illustration that is:
o False or misleading;
o Promotes the overconsumption of cannabis;
o Displays cannabis;
o Shows someone under 21 consuming cannabis;
o Makes health or medicinal claims about cannabis;
o Includes the image of the cannabis leaf or bud; or
o Includes any image that is likely to appeal to minors.
No cannabis business establishment nor any person or entity shall place or maintain or cause to
be placed or maintained an advertisement in any form:
o Within 1,000 feet of school grounds, playgrounds, hospitals, health care facilities,
recreation centers, child care centers, public parks, public libraries, or game arcades that
admit persons under the age of 21;
o On or in a public transportation vehicle or on a public transportation shelter; or
o On or in publicly-owned or publicly-operated property.
44
2
What is the definition of “craft grower?”
"Craft grower" means a facility operated by an organization or business that is licensed by the
Illinois Department of Agriculture 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. A craft grower may contain up to 5,000 square feet of canopy space on its
premises for plants in the flowering stage. The Illinois Department of Agriculture may authorize an
increase or decrease of flowering stage cultivation space in increments of 3,000 square feet by
rule based on market need, craft grower capacity and the licensee's history of compliance or
noncompliance, with a maximum space of 14,000 square feet for cultivating plants in the
flowering stage, which must be cultivated in all stages of growth in an enclosed and secure area. A
craft grower may share premises with a processing organization or a dispensing organization, or
both, provided each licensee stores currency and cannabis or cannabis-infused products in a
separate secured vault to which the other licensee does not have access or all licensees sharing a
vault share more than 50% of the same ownership.
Are craft growers inspected? How, and by whom?
Craft growers are subject to random inspections by the Illinois Department of Agriculture, the
Illinois Department of Public Health, local safety or health inspectors and the Illinois State Police.
To whom may craft growers sell cannabis?
Craft growers may sell or distribute cannabis to a cultivation center, a craft grower, an infuser
organization, a dispensing organization or as otherwise authorized by rule.
What are the limitations on the location of craft growers?
A craft grower may not be located in an area zoned for residential use.
A craft grower shall not be located within 1,500 feet of another craft grower or a cultivation
center.
45
3
What is the definition of “cultivation center?”
"Cultivation center" means a facility operated by an organization or business that is licensed by the
Illinois Department of Agriculture 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.
Are cultivation centers inspected? How, and by whom?
Cultivation centers are subject to random inspections by the Illinois Department of Agriculture, the
Illinois Department of Public Health, local safety or health inspectors and the Illinois State Police.
To whom may cultivation centers sell cannabis?
Cultivation centers may sell or distribute cannabis or cannabis-infused products to dispensing
organizations, craft growers, infusing organizations, transporters or as otherwise authorized by
rule.
What is the maximum space a cultivation center may provide for plants in the flowering stage?
A cultivation center may not contain more than 210,000 square feet of canopy space for plants in
the flowering stage for cultivation of adult-use cannabis as provided in this Act.
46
4
What is the definition of “dispensing organization?”
"Dispensing organization" means 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, another dispensing organization or
transporting organization licensed under the Act 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. As used in the Act,
a “dispensing organization” shall include a registered medical cannabis organization as defined in
the Compassionate Use of Medical Cannabis Program Act or its successor Act that has obtained an
Early Approval Adult Use Dispensing Organization License.
What methods of sale by dispensing organizations are prohibited?
Drive-through windows
Vending machines
Transport of cannabis to residences or other locations where purchasers may be for delivery
When are dispensing organizations allowed to operate?
Operation is allowed between 6:00 a.m. and 10:00 p.m. local time.
Operation is prohibited when video surveillance equipment is inoperative.
Operation is prohibited when point-of-sale equipment is inoperative.
Operation is prohibited when the state’s cannabis electronic verification system is inoperative.
Operation is prohibited when there are fewer than two people working at any time within a
dispensing organization.
What products are dispensing organizations prohibited from selling?
Dispensing organizations may not sell any product containing alcohol except tinctures, which are
limited to containers no larger than 100 milliliters.
47
5
Selling clones or other live plant material is prohibited.
Selling cannabis, cannabis concentrate or cannabis-infused products in combination or bundled
with each other for one price is prohibited.
Can dispensing organizations sell cannabis outside of Illinois or obtain cannabis from outside of Illinois?
No. Dispensing organizations may not transport cannabis or cannabis products across state lines.
No. Dispensing organizations may not obtain cannabis or cannabis-infused products from outside
the State of Illinois.
What type of packaging is required for cannabis sold at dispensing organizations?
All cannabis sold by a dispensing organization to purchasers must be in a sealed or resealable
container or package with a label identifying, at a minimum, the name of the dispensing
organization, the contents and the weight of the raw cannabis in grams or, for cannabis products,
the amount of Tetrahydrocannabinol (THC) in milligrams.
Are there restrictions in the Act on the location of dispensing organizations?
Yes. A dispensing organization may not be located within 1,500 feet of the property line of a pre-
existing dispensing organization. P.A. 102-0098 provides that a social equity applicant or social
equity justice involved applicant may seek a dispensing organization license from the Illinois
Department of Financial and Professional Regulation at a location within 1,500 feet of a dispensing
organization licensed under Section 15-15 or 15-20 of the Act.
What is the process for a dispensing organization to dispense cannabis to a purchaser?
Before cannabis is dispensed:
o The age of the purchaser shall be verified by checking a government-issued
identification card by use of an electronic reader or electronic scanning device to scan
the identification;
o The validity of the government-issued identification card must be verified;
o Any appropriate purchaser education or support materials shall be offered; and,
o Information must be entered into the state’s cannabis electronic verification system,
including the dispensing organization’s agent’s identification number, the dispensing
organization’s identification number, the amount, type (including strain, if applicable) of
cannabis or cannabis-infused product dispensed, and the date and time the cannabis is
dispensed.
48
6
A dispensing organization shall refuse to sell cannabis to anyone unless the person produces
valid identification showing that the person is 21 years of age or older. However, a medical
cannabis dispensing organization may sell cannabis-infused products to a person who is under
21 years of age if the sale complies with the provisions of the Medical Cannabis Program Act and
rules.
The Medical Cannabis Program Act provides that registered qualifying patients under 18 years of
age shall be prohibited from consuming forms of cannabis other than medical cannabis-infused
products and from purchasing any usable cannabis.
What state laws or regulations provide site security requirements for dispensaries?
Dispensaries will need to comply with the security provisions of 410 ILCS 705/15-100.
Will these security requirements impact lighting and landscaping?
Yes. Dispensaries must ensure that the dispensary interior and exterior premises are sufficiently
lit to facilitate surveillance, and must ensure that trees, bushes and other foliage outside of the
dispensary premises do not allow for a person or persons to conceal themselves from sight. (See
410 ILCS 705/15-100 (a)(13) and (14)). These requirements of state law may impact local lighting
and landscaping standards.
49
7
How will DUI’s be addressed under the new law?
Driving under the influence of cannabis will continue to be illegal.
The Act allows for use of validated roadside chemical tests or standardized field sobriety tests
approved by the National Highway Traffic Safety Administration when conducting investigations of
a violation of Section 11-501 of the Illinois Motor Vehicle Code (625 ILCS 5/11-501) or a similar
local ordinance by drivers suspected of driving under the influence of cannabis.
The results of validated roadside chemical tests and standardized field sobriety tests are, under
the Act, admissible at a civil or criminal trial or proceeding for an arrest for a cannabis-related
offense as defined in Section 11-501 of the Illinois Motor Vehicle Code or a similar local ordinance.
The Act creates a DUI Cannabis Task Force to examine best practices for enforcement of driving
under the influence of cannabis laws and emerging technology in roadside testing for impairment.
The Act creates various statutory presumptions applicable to cannabis DUIs:
o THC concentration of five nanograms or more in whole blood or 10 nanograms or more in
another bodily substance creates a presumption that a person was under the influence of
cannabis; and,
o THC concentration of less than five nanograms in whole blood or less than 10 nanograms
in another bodily substance does not give rise to a presumption that the person was or
was not under the influence of cannabis, but may be considered with other competent
evidence in determining whether the person was under the influence of cannabis.
The refusal to submit to a chemical test will result in the imposition of driver's license sanctions
under Section 11-501.1 of the Illinois Motor Vehicle Code.
The refusal to take validated roadside chemical tests or standardized field sobriety tests is
admissible in any civil or criminal action or proceeding regarding impairment by use of cannabis.
An authorized medical cannabis patient who drives is deemed to have given consent to (i)
validated roadside chemical tests, or (ii) standardized field sobriety tests.
50
8
Law enforcement officers must have an independent, cannabis-related factual basis giving
reasonable suspicion that a person is driving or in actual physical control of a motor vehicle while
impaired by the use of cannabis to conduct validated roadside chemical tests or standardized field
sobriety tests.
51
9
May an employer maintain a drug-free workplace?
Yes. The Act specifies that nothing shall prohibit an employer from adopting:
o reasonable zero-tolerance or drug-free workplace policies;
o employment policies concerning drug testing; or,
o regulations concerning smoking, consumption, storage or use of cannabis at the
workplace or while on call.
These policies must be applied in a nondiscriminatory manner.
Employers’ policies may cover use of cannabis in the employer’s workplace, while performing
the employee’s job duties or while “on call.” An employee is deemed “on call” when he or she
is scheduled with at least 24 hours’ notice by employer to be on standby or otherwise
responsible for performing tasks related to his or her employment.
An employer may discipline an employee for violating a workplace drug policy. If the employer
elects to discipline the employee on the basis that the employee is under the influence or
impaired by cannabis, the employer must give the employee reasonable opportunity to
contest the determination.
Nothing in the Act shall be construed to interfere with any federal, state or local restrictions
on employment including, but not limited to, the United States Department of Transportation
regulation 49 CFR 40.151(e), or impact an employer’s ability to comply with federal or state
law or cause it to lose a federal or state contract or funding.
Except as otherwise specifically provided by law, including Section 10-50 of the Act, the Illinois
Right to Privacy in the Workplace Act prohibits discrimination for the use of a lawful product
while off duty or not on call. (820 ILCS 55/5).
Section 10-35 of the Act provides that employers of law enforcement officers, corrections
officers, probation officers, paramedics and firefighters may prohibit those employees from
the consumption, possession, sales, purchase or delivery of cannabis or cannabis-infused
substances while on or off duty. (410 ILCS 705/10-35(a)(8)).
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Section 10-50 of the Act provides that an employer is not subject to a cause of action by any
person for reasonable drug and alcohol testing, reasonable and nondiscriminatory random
drug testing, and discipline, termination of employment or withdrawal of a job offer due to
failure of a drug test. (410 ILCS 705/10-50(e)(1)).
How can an employer determine whether an employee is impaired by the use of cannabis?
An employer may consider an employee to be impaired by the use of cannabis if the employer
has a good faith belief that the employee manifests specific, articulable symptoms while
working that decrease or lessen the employee’s performance of the duties or tasks.
May a public employer prohibit off-duty use of cannabis by law enforcement officers, correctional
officers, probation officers, paramedics or firefighters?
Yes. Public employers may prohibit the consumption, possession, sales, purchase or delivery of
cannabis or cannabis-infused substances while on or off duty by law enforcement officers,
correctional officers, probation officers, paramedics or firefighters. These restrictions may be
the subject of collective bargaining. (410 ILCS 705/10-35(a)(8)).
May a public employer require applicants to submit to pre-employment drug testing?
Yes. Section 10-50 of the Act provides that a job offer may be withdrawn on the basis of the
failure of a drug test that is part of a reasonable drug and alcohol testing policy of the
employer.
May a public employer require employees to submit to random drug testing?
Yes. Section 10-50 of the Act provides that an employee may be subject to discipline or
termination on the basis of the failure of a drug test that is part of a reasonable, non-
discriminatory random drug and alcohol testing policy of the employer.
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What records will be automatically expunged?
The Act mandates that arrest records relating to offenses under the Illinois Cannabis Control
Act for possession of under 30 grams of any substance containing cannabis that are not
associated with an arrest, conviction or other disposition of a violent crime as defined in
subsection (c) of Section 3 of the Illinois Rights of Crime Victims and Witnesses Act. “Minor
Cannabis Offenses” will be automatically expunged by all law enforcement agencies, including
records of an arrest, charges not initiated by arrest, orders of supervision or orders of
qualified probation for all offenses committed prior to the Act if:
o One year or more has elapsed since the date of the arrest or law enforcement
interaction documented in the records; and,
o No criminal charges were filed or if filed they were dismissed and/or arrestee was
acquitted.
What is the schedule for automatic expungement?
The Act provides that all law enforcement agencies must expunge qualifying records according
to the following schedule:
o Records created prior to the effective date of the Act, but on or after January 1, 2013,
shall be automatically expunged prior to January 1, 2021;
o Records created prior to January 1, 2013, but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2023; and,
o Records created prior to January 1, 2000, shall be automatically expunged prior to
January 1, 2025.
What is the process for expungement for offenders actually convicted of Minor Cannabis Offenses or
of more serious violations under the Cannabis Control Act?
Within 180 days of the effective date of the Act, the Illinois State Police must notify the
Prisoner Review Board of those convictions for Minor Cannabis Offenses that are eligible for
expungement under the Act.
The Act provides a process for the Prisoner Review Board to make recommendations to the
Governor for pardons for certain convictions for Minor Cannabis Offenses.
Those convicted for more serious violations of the Cannabis Control Act and not qualifying for
a pardon have the option of petitioning for expungement through the circuit court.
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How does an agency respond to a request for records that have been expunged?
In response to an inquiry for expunged records, the law enforcement agency receiving such
inquiry shall reply as it does in response to inquiries when no records ever existed; however, it
shall provide a certificate of disposition or confirmation that the record was expunged to the
individual whose record was expunged if such a record exists.
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Are all records and documents created or obtained by a public body pursuant to the provisions of the
Act subject to the Illinois Freedom of Information Act (FOIA)?
The Act adds an exemption to FOIA for confidential information described in Section 55-30 of
the Illinois Cannabis Regulations and Tax Act (information received by state agencies from
cannabis establishment licensees or applicants).
The name and address of a dispensing organization licensed under the Act shall be subject to
disclosure under FOIA. The name and cannabis business establishment address of the person or
entity holding or owning a cannabis business establishment license shall be subject to
disclosure.
Complaints from consumers or members of the general public received regarding a specific,
named licensee or complaints regarding conduct by unlicensed entities shall be subject to
disclosure.
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What are the limitations and requirements to grow cannabis at home?
Only registered medical cannabis patients over 21 years of age may participate in home
cultivation.
Additionally, cultivation in private residences by medical cannabis patients is subject to the
following limitations:
o There is a limit of five plants that are five inches or more per household without a
cultivation center or craft grower license;
o Cannabis plants may not be cultivated in an area subject to public view;
o Reasonable precautions must ensure that the plants are secure from unauthorized
access or access by a person under 21 years of age;
o Cannabis cultivation must occur in an enclosed locked space;
o Cannabis cultivation may only occur on residential property lawfully in possession of the
medical cannabis patient or with the consent of the person in lawful possession of the
property;
o A medical cannabis patient may allow their authorized agent to tend to the plants for
brief periods of time if the patient is temporarily away;
o A medical cannabis patient may only purchase cannabis seed from a dispensary;
o Purchase of live plant material is prohibited; and,
o If the home grown plants yield more than the allowable possession limit of 30 grams of
raw cannabis, then the excess cannabis must remain secured within the residence of
residential property in which it was grown.
May a landlord prohibit growth of cannabis on their property?
Yes. An owner or lessor of residential property may prohibit the cultivation of cannabis by a
lessee.
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What is the definition of “infuser organization” or “infuser?”
"Infuser organization" or "infuser" means a facility operated by an organization or business that is
licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis
concentrate into a product formulation to produce a cannabis-infused product.
Are infusers inspected? How, and by whom?
Infusers are subject to random inspections by the Illinois Department of Agriculture, the Illinois
Department of Public Health, local safety or health inspectors and the Illinois State Police.
To whom may infusers sell cannabis?
Infusers may only sell or distribute cannabis to a dispensing organization, or as otherwise
authorized by rule.
What are the limitations on the location of infusers?
An infuser may not be located in an area zoned for residential use.
An infuser may share premises with a craft grower or a dispensing organization, or both, provided
each licensee stores currency and cannabis or cannabis-infused products in a separate secured
vault to which the other licensee does not have access or all licensees sharing a vault share more
than 50% of the same ownership.
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Is a license required to operate a cannabis establishment in Illinois?
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.
May municipalities require licenses to operate a cannabis establishment within their boundaries?
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.
What are the different types of licenses?
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:
Early Approval Adult-Use Dispensing Organization - A license that permits a medical
cannabis dispensing organization licensed under the Illinois Medical Cannabis Program Act
as of the effective date of the Act to begin selling cannabis to purchasers as permitted by
the Act as of January 1, 2020.
Early Approval Adult-Use Cultivation Center - A license that permits a medical cannabis
cultivation center licensed under the Illinois Medical Cannabis Program Act as of the
effective date of the Act to begin cultivating, infusing, packaging, transporting (unless
otherwise provided in the Act) and selling cannabis to cannabis business establishments for
resale to purchasers as permitted by the Act as of January 1, 2020. A cultivation center may
begin producing cannabis and cannabis-infused products once the Early Approval Adult Use
Cultivation Center License is approved. A cultivation center that obtains an Early Approval
Adult Use Cultivation Center License may begin selling cannabis and cannabis-infused
products to approved dispensing organizations on December 1, 2019.
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Conditional Adult-Use Dispensing Organization License - A license awarded to top-scoring
applicants for an Adult-Use Dispensing Organization License that reserves to the applicant
the right to an adult-use dispensing organization license if the applicant meets certain
conditions described in the Act. A dispensing organization that is awarded a Conditional
Adult-Use Dispensing Organization License is not entitled to purchase, possess, sell or
dispense cannabis or cannabis-infused products until the applicant has received an Adult-
Use Dispensing Organization License.
Conditional Adult-Use Cultivation Center License - A license awarded to top-scoring
applicants for an Adult-Use Cultivation Center License that reserves to the applicant the
right to an Adult-Use Cultivation Center License if the applicant meets certain conditions as
determined by the Illinois Department of Agriculture by rule. A cultivation center applicant
that is awarded a Conditional Adult-Use Cultivation Center License is not entitled to grow,
purchase, possess or sell cannabis or cannabis-infused products until the applicant has
received an Adult-Use Cultivation Center License.
Adult-Use Dispensing Organization - A license issued by the Illinois Department of Financial
and Professional Regulation that permits a person to act as a dispensing organization under
the Act and any administrative rule made in furtherance of the Act.
Adult-Use Cultivation Center - A license issued by the Illinois Department of Agriculture
that permits a person to act as a cultivation center under the Act and any administrative
rule made in furtherance of the Act.
Craft Grower - The Illinois Department of Agriculture may issue up to 100 craft grower
licenses through 2021, and may issue up to a total of 150 licenses after January 1, 2022. A
“craft grower” is a facility operated by an organization or business that is licensed by the
Illinois Department of Agriculture 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.
Infuser - The Illinois Department of Agriculture may issue up to 100 infuser licenses
through a process provided for in the Act through 2021, and may issue additional licenses
after January 1, 2022. “Infuser organization" or "infuser" means a facility operated by an
organization or business that is licensed by the Illinois Department of Agriculture to
directly incorporate cannabis or cannabis concentrate into a product formulation to
produce a cannabis-infused product. An infuser is prohibited from extracting cannabis
concentrate from raw cannabis material. Only cultivation centers and craft growers will be
allowed to extract cannabis concentrate.
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Transporter - Transporting organization" or "transporter" means an organization or
business that is licensed by the Illinois Department of Agriculture to transport cannabis on
behalf of a cannabis business establishment or a community college licensed under the
Illinois Community College Cannabis Vocational Training Pilot Program.
Do state licenses need to be renewed?
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 as provided by the Illinois Department
of Financial and Professional Regulation and pay the required renewal fee.
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Is there a deadline for municipalities to opt-in or opt-out of allowing recreational cannabis sales in the
municipality?
No. An early version of the legislation proposed that measures prohibiting or restricting the
location of cannabis establishments adopted more than one year after the effective date of the
Act would be subject to voter approval via referenda. However, the Cannabis Regulation and Tax
Act has no time limits on the prohibition or regulation of cannabis business establishments via
local ordinance.
May municipalities prohibit cannabis establishments within their boundaries?
Yes. A municipality may enact ordinances to prohibit or significantly limit an adult-use cannabis
business establishment's location.
While adult-use cannabis business establishments may be prohibited, the Illinois Medical
Cannabis Program Act specifically provides that medical cannabis dispensing organizations may
not be prohibited within municipal boundaries. For medical cannabis establishments, then,
municipalities may only regulate location via reasonable zoning regulations (special use permits,
etc.).
Do municipalities need to pass an ordinance to “opt-in” in order to allow adult use cannabis
establishments within the municipality?
A separate ordinance is not required, but an ordinance may be adopted to regulate those
establishments or to impose a local tax on those establishments.
May municipalities and other units of local government regulate cannabis establishments within their
boundaries?
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 establishment operations, including a minimum distance limitation
between cannabis establishments and locations it deems sensitive through the use of special
use permits.
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May municipalities prohibit or regulate cannabis establishments outside of their boundaries?
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.
May municipalities regulate the on-premises consumption of cannabis and/or allow cannabis cafes
and lounges?
Yes. The Act provides a municipality may regulate and/or allow the on-premises consumption
of cannabis at or in a cannabis dispensing organization within its jurisdiction in a manner
consistent with the Act, and within a retail tobacco store within its jurisdiction in a manner
consistent with the Smoke Free Illinois Act. The Act allows the creation of “cannabis
cafes/lounges” in the discretion of the municipality. Cannabis dispensing organizations and
retail tobacco stores 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.
May municipalities and other units of local government prohibit the use of cannabis within their
boundaries?
No unit of local government, including a home rule unit, may unreasonably prohibit the use of
cannabis authorized by the Act.
Does the Act contain any location restrictions on dispensaries?
A dispensing organization may not be located within 1,500 feet of the property line of a pre-
existing dispensing organization. P.A. 102-0098 provides that a social equity applicant or social
equity justice involved applicant may seek a dispensing organization license from the Illinois
Department of Financial and Professional Regulation at a location within 1,500 feet of a dispensing
organization licensed under Section 15-15 or 15-20 of the Act.
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 day care center, day care home, group day care 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 day care center, day care 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 130/130(d)). P.A. 101-0363, which
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made various amendments to the Medical Cannabis Program Act and took effect on August 8,
2019, eliminated the distance restrictions for medical cannabis dispensaries registered after July
1, 2019.
Any location for an adult-use dispensary is subject to local ordinances prohibiting or regulating the
location of adult-use cannabis establishments.
Does failure to be in compliance with local zoning regulations have any impact on a cannabis
establishment’s ability to operate in Illinois?
Yes. A state-issued cannabis establishment license will be denied if the applicant is not in
compliance with local zoning rules.
May municipalities and other units of local government fine or penalize cannabis establishments for
violation of local zoning regulations?
Yes. 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.
May municipalities regulate personal possession and consumption of cannabis?
The Act provides municipalities with the authority to locally regulate 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.
Under what offenses may a person be charged for unlawful possession of cannabis?
A person age 21 and older who possesses cannabis in excess of the possession limits is subject to
criminal possession penalties under the Cannabis Control Act (720 ILCS 550/4).
A person under age 21 who possesses any amount of cannabis may only be cited for a civil law
violation under the Cannabis Control Act. (720 ILCS 550/4(a)). The Juvenile Court Act was amended
to prohibit taking minors into a municipal lockup, jail or corrections facility solely for underage
consumption or possession. (705 ILCS 405/5-401(3)).
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Are there additional cannabis violations related to persons under 21?
A person under age 21 using false identification to purchase cannabis or to enter a cannabis
establishment may be charged with a Class A misdemeanor. (410 ILCS 705/10-20(b)).
It is a Class A misdemeanor for any parent or guardian to knowingly permit a person under 21 to
use the parent or guardian’s residence, vehicle or watercraft for the consumption of cannabis. If
death or great bodily harm results, it is a Class 4 felony. (410 ILCS 705/10-15(d)).
A person under age 21 may not purchase, possess, use, process, transport, grow or consume
cannabis in any amount or in any form, unless the person has a medical cannabis card or is
authorized under the Community College Cannabis Vocational Pilot Program.
Are there any new violations addressing possession of cannabis in vehicles?
The Vehicle Code now includes a Class A misdemeanor penalty which prohibits a driver from using
cannabis within any area of a motor vehicle upon a highway or possessing cannabis within the
passenger area of a motor vehicle except in a sealed or resealable, odor-proof and child-resistant
container. (625 ILCS 5/11-502.15).
Does drug paraphernalia include cannabis paraphernalia?
No. The criminal penalty for possession of drug paraphernalia was amended to exclude items
historically and customarily used for injecting, ingesting or inhaling of cannabis. (720 ILCS 600/3.5
and 4(b)).
May a vehicle be impounded for cannabis violations?
A vehicle is still subject to seizure and impoundment to initiate asset forfeiture proceedings for a
felony violation of the Cannabis Control Act. (720 ILCS 550/12).
Does the Act apply to home rule units of government?
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.
o “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).
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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.” [emphasis added]
May voters choose to limit or prohibit cannabis establishments within a municipality?
Only within the City of Chicago. The Act allows the legal voters of any precinct within a
municipality with a population of over 500,000 to petition their local alderman, using a petition
form made available online by the city clerk, to introduce an ordinance establishing the precinct
as a restricted cannabis zone. "Restricted cannabis zone" means a precinct within which home
cultivation, one or more types of cannabis business establishments, or both has been prohibited
pursuant to an ordinance initiated by a petition under the Act.
Does the Act contain any operational rules for adult-use cannabis dispensing organizations?
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:
o A dispensing organization must include the legal name of the dispensary on the
packaging of any cannabis product it sells.
o Dispensing organizations are prohibited from selling any product containing alcohol
except tinctures, which are limited to containers that must be no larger than 100
milliliters.
o A dispensing organization may only accept cannabis deliveries into a restricted access
area. Deliveries may not be accepted through the public or limited access areas unless
otherwise approved under the Act.
o A dispensing organization shall maintain compliance with state and local building, fire
and zoning requirements or regulations.
o A dispensing organization shall submit a list to the state of the names of all service
professionals that will work at the dispensary.
o A dispensing organization's license allows for a dispensary to be operated only at a
single location.
o A dispensing organization may operate between 6:00 a.m. and 10:00 p.m. local time.
o A dispensing organization must keep all lighting outside and inside the dispensary in
good working order and wattage sufficient for security cameras.
o A dispensing organization shall not:
Produce or manufacture cannabis;
Accept a cannabis product from an adult-use cultivation center, craft grower,
infuser, dispensing organization or transporting organization unless it is pre-
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packaged and labeled in accordance with the Act and any rules that may be
adopted pursuant to the Act;
Obtain cannabis or cannabis-infused products from outside the State of Illinois;
Sell cannabis or cannabis-infused products to a purchaser unless the dispensary
organization is licensed under the Illinois Medical Cannabis Program Act, and
the individual is registered under the Medical Cannabis Program Act or the
purchaser has been verified to be over the age of 21;
Enter into an exclusive agreement with any adult-use cannabis cultivation
center, craft grower or infuser;
Refuse to conduct business with an adult-use cannabis cultivation center, craft
grower, transporting organization or infuser that has the ability to properly
deliver the product and is permitted by the Illinois Department of Agriculture,
on the same terms as other adult-use cannabis cultivation centers, craft
growers, infusers or transporters with whom it is dealing;
Operate drive-through windows;
Allow for the dispensing of cannabis or cannabis-infused products in vending
machines;
Transport cannabis to residences or other locations where purchasers may be
for delivery;
Enter into agreements to allow persons who are not dispensing organization
agents to deliver cannabis or to transport cannabis to purchasers;
Operate a dispensing organization if its video surveillance equipment is
inoperative;
Operate a dispensing organization if the point-of-sale equipment is inoperative;
Operate a dispensing organization if the state's cannabis electronic verification
system is inoperative;
Operate a dispensing organization when there are fewer than two people
working at any time;
Be located within 1,500 feet of the property line of a pre-existing dispensing
organization. P.A. 102-0098 provides that a social equity applicant or social
equity justice involved applicant may seek a dispensing organization license from
the Illinois Department of Financial and Professional Regulation at a location
within 1,500 feet of a dispensing organization licensed under Section 15-15 or 15-
20 of the Act;
Sell clones or any other live plant material;
Sell cannabis, cannabis concentrate or cannabis-infused products in
combination or bundled with each other or any other items for one price, and
each item of cannabis, concentrate or cannabis-infused product must be
separately identified by quantity and price on the receipt; and,
Violate any other requirements or prohibitions set by the Act or administrative
rules.
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What other agency oversight does the state have for social issues related to cannabis production, sale
and use?
The Restoring Our Communities (ROC) program will be created. The ROC program will be a
performance incentive funding program for high-need, underserved communities throughout
the state.
The purpose of the ROC program will be to directly address the impact of economic disinvestment
and the historical use of criminal justice responses to community and individual needs by
supporting local design and control of community-based responses to these impacts that can be
accessed outside of the criminal justice system.
The ROC program will provide planning and implementation grants as well as technical
assistance to collaborative groups that include human service providers and community-based
organizations, individuals who have experienced the criminal justice system or other systems of
state intervention, individuals who have been consumers of social programs administered by the
state or local jurisdictions, and local leaders from all sectors.
P.A. 102-0098 provides for the award of up to five medical cannabis dispensing orga nization
licenses in a social equity justice involved medical lottery.
P.A. 102-0098 provides for a tied applicant lottery that will address issues with the previous
award process for adult-use dispensing organizations and will allocate licenses to applicants
that tied the high score in that process.
In order to advance the goal of providing economic opportunity to disproportionately
impacted individuals and communities, P.A. 102-0098 provides that 110 conditional adult-
use dispensing organization licenses will be awarded through two other lotteries. Fifty-five
licenses will be awarded by lot in a qualifying applicants lottery distributed by Bureau of
Labor Statistics (BLS) region, and 55 licenses will be awarded in a social equity justice
involved lottery distributed by BLS region.
Pursuant to P.A. 102-0098, social equity and social equity justice involved applicants may be
granted a state license for a site within 1,500 feet of a dispensing organization licensed
under Section 15-15 or Section 15-20 of the Act, but must still obtain local approval for the
site.
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How is cannabis cultivation going to be taxed at the state level?
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.
o This tax rate already exists under current medical cannabis law.
o 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.
o 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-use purposes).
How is the sale of cannabis going to be taxed at the state level?
Beginning on January 1, 2020, a Cannabis Purchaser Excise Tax is imposed by the State of Illinois
upon purchasers for the privilege of using cannabis at the following rates:
o Cannabis flower or products with less than 35% Tetrahydrocannabinol (THC): 10% tax.
o Cannabis-infused products (i.e., edibles): 20% tax.
o Cannabis flower or products with a THC concentration higher than 35%: 25% tax.
The purchase price of any product that contains any amount of cannabis or any derivative is
subject to the excise tax on the full purchase price of the product.
The purchase of cannabis is also subject to state and local sales taxes. Sales tax is collected in
addition to all other occupation, privilege or excise taxes imposed by the State of Illinois or by
any municipal corporation or political subdivision of the state.
All funds received by the Illinois Department of Revenue under the excise tax will be paid into
the Cannabis Regulation Fund in the state treasury.
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What is the state going to do with the funds collected in the form of state taxes, license fees and any
other monies collected with regard to cannabis production and sale?
The Cannabis Regulation Fund is created in the state treasury. Unless otherwise provided, all
funds collected under the Cannabis Regulation and Tax Act and under the Medical Cannabis
Program Act shall be deposited into the Cannabis Regulation Fund, consisting of taxes, license
fees, other fees and any other amounts required to be deposited or transferred into the Fund.
Monthly, the transfers of revenues received into the Cannabis Regulation Fund shall be certified
as follows:
o First, to pay for the direct and indirect costs associated with the implementation,
administration and enforcement of the Compassionate Use of Medical Cannabis
Program Act and the Cannabis Regulation and Tax Act, the Illinois Department of
Revenue shall certify the transfer of 1/12 of the fiscal year amount appropriated to the
numerous agencies involved with the program;
o Second, after the above-noted transfers have been made, the remainder shall be
transferred by formula to the following funds:
35% transferred to the state General Revenue Fund;
25% transferred to the Criminal Justice Information Projects Fund to support the
Restore, Reinvest and Renew Program for community reinvestment;
20% transferred to the Illinois Department of Human Services Community
Services Fund to fund mental health and substance abuse services at local
health departments;
10% transferred to the Budget Stabilization Fund to pay the backlog of unpaid
state bills;
8% transferred to the Local Government Distributive Fund (LGDF) to fund crime
prevention programs, training, and interdiction efforts relating to the illegal
cannabis market and cannabis-based DUIs; and,
2% transferred to the Drug Treatment Fund for public education and awareness.
How may cannabis be taxed at the local level?
The Act provides that on and after July 1, 2020, the corporate authorities of any county or
municipality may, by ordinance, impose a County and Municipal Cannabis Retailers’ Occupation
Tax (MCROT).
For municipalities, the MCROT is imposed upon purchasers for the privilege of using adult-use
cannabis purchased in the municipality. The rate of tax shall not exceed 3% of the purchase price.
If imposed, the tax shall only be imposed in 0.25% increments.
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Counties are authorized to impose a tax of up to 3% in incorporated areas and 3.75% on sales
emanating from unincorporated areas (55 ILCS 5/5-1006.8(f)).
The Illinois Department of Revenue (IDOR) will collect and administer the MCROT.
The MCROT shall not be imposed on cannabis that is subject to tax under the Medical Cannabis
Program Act. Sales of medical cannabis from registered medical cannabis dispensaries are taxed
at the 1% rate imposed on prescription and nonprescription drugs in Illinois.
Any ordinance imposing the tax must be certified by the municipal clerk of that unit of local
government and filed with the IDOR before April 1 of any year, to be effective and enforced by
IDOR on July 1 of that year, or before October 1 of any year, to be effective and enforced by
IDOR on January 1 of the following year. (65 ILCS 5/8-11-23).
The MCROT will be collected in addition to all other occupation, privilege or excise taxes
imposed by the State of Illinois or by any municipal corporation or political subdivision of the
state.
How are existing sales taxes affected?
Retailers’ Occupation Taxes (sales taxes), assessed at both a local and state level, will not be
deposited into the Cannabis Regulation Fund. Nothing in the Medical Cannabis Program Act and
the Cannabis Regulation and Tax Act affects the collection of these taxes or their deposit in the
state’s general fund and/or distribution to municipalities under local ordinance.
Under the state Retailers’ Occupation Tax, the sale of cannabis is classified as a “sale of tangible
personal property at retail.”
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How much cannabis may a resident of the State of Illinois legally possess under the Act?
For an Illinois resident who is 21 years of age or older, the possession limit is any combination of
the following:
o 30 grams of raw cannabis;
o Cannabis-infused product or products containing a total of no more than 500 mg of
Tetrahydrocannabinol (THC); and,
o Five grams of cannabis product in concentrated form.
For individuals who register as qualifying patients under the state’s existing medical cannabis
program only:
o Up to five cannabis plants and the cannabis produced from those five plants, secured
within the residence or dwelling unit (no matter how many people reside in a residence,
only five plants are allowed per residence).
o Any combination of the amounts indicated above. Additionally, if they have plants that
yield more than the 30 grams of raw cannabis, the excess must remain secured in the
residence or residential property it is grown.
How much cannabis may a non-resident of the State of Illinois legally possess under the Act?
For a person who is 21 years of age or older and who is not a resident of Illinois, the possession
limit is any combination of the following:
o 15 grams of raw cannabis;
o Cannabis-infused products or products containing a total of no more than 250 mg of
THC; and
o 2.5 grams of cannabis product in concentrated form.
A non-resident may not possess cannabis plants.
Where is a person prohibited from possessing cannabis?
The Act does not permit any person to engage in, and does not prevent the imposition of any
civil, criminal or other penalties for engaging in, any of the following conduct:
o Possessing cannabis on a school bus.
o Possessing cannabis on the grounds of any preschool or primary or secondary school
unless approved as a medical cannabis patient.
o Possessing cannabis in any correctional facility.
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o Possessing cannabis in a vehicle not open to the public unless the cannabis is in a
reasonably secured, sealed or resealable, tamper-evident container and reasonably
inaccessible while the vehicle is moving.
o Possessing cannabis in a private residence that is used at any time to provide licensed
child care or other similar social service care on the premises.
Where is the use of cannabis prohibited?
The Act does not permit any person to engage in, and does not prevent the imposition of any
civil, criminal or other penalties for engaging in, the following:
o Consuming cannabis on a school bus.
o Consuming cannabis on the grounds of any preschool or primary or secondary school
unless authorized in the medical cannabis program.
o Consuming cannabis in any correctional facility.
o Consuming cannabis in any motor vehicle.
o Consuming cannabis in a private residence that is used at any time to provide licensed
child care or other similar social service care on the premises.
o Consuming cannabis in any public place or knowingly in close physical proximity to
anyone under 21 years of age.
o Consuming cannabis in any public place where a person could reasonably be expected
to be observed by others.
o Consuming cannabis in any location where smoking is prohibited by the Smoke Free
Illinois Act (410 ILCS 82/1 et seq.), including hospitals, restaurants, retail stores, offices,
commercial establishments, etc.
o Universities, colleges and other post-secondary educational institutions may restrict or
prohibit cannabis use on their property.
How is a “public place” defined under the Act?
A “public place” is defined as any place where a person could reasonably be expected to be
observed by others.
A “public place” includes all parts of buildings owned in whole or in part, or leased, by the state
or a unit of local government.
A “public place” does not include a private residence, unless the private residence is used to
provide licensed child care, foster care or other similar social service care on the premises.
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Are there certain specific activities that an individual may not perform while using cannabis?
Operating, navigating or being in actual physical control of any motor vehicle, aircraft or
motorboat while using or under the influence of cannabis.
Use of cannabis by a law enforcement officer, corrections officer, probation officer or firefighter
while on duty.
Use of cannabis by a person who has a school bus driver’s permit or a Commercial Driver's
License (CDL) while on duty.
Driving under the influence and reckless driving based on THC impairment may continue to be
charged.
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MARIJUANA LEGALIZATION POLLING
CBS News: April 2023
https://www.cbsnews.com/news/open-marijuana-socially-acceptable-poll-2023-04-19/
Fox News: 2022
https://www.foxnews.com/elections/2022/midterm-results/voter-analysis
Gallup: November 2022
https://news.gallup.com/poll/405086/marijuana-views-linked-ideology-religiosity-age.aspx?
Florida: USF & FAU Statewide Public Opinion Poll September 2023
https://www.usf.edu/news/2023/usf-and-fau-researchers-release-statewide-public-opinion-survey-
results-on-key-health-policy-issues.aspx
Louisiana State University: Louisiana Statewide Poll 2023
https://www.lsu.edu/manship/news/2023/june/la-survey-shows-support-for-legal-abortion-grows.php
Morningside University: Iowa Statewide Poll 2023
https://www.morningside.edu/assets/uploads/campus_life_and_arts_student_life/civic_engagement/2
023-Poll-Results/2023-Morningside-Poll_Summary-of-Results.pdf
CivicScience – National Poll April 2023
https://civicscience.com/top-cannabis-trends-vaping-legalization-medical-marijuana-more/
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