On June 25, 2019, Governor Pritzker signed into law the Cannabis Regulation and Tax Act, making Illinois the 11th state to legalize recreational cannabis sale and use. The Act provides for the State licensure of a variety of adult-use cannabis business establishments, preserves the legalization of medical cannabis and includes a provision allowing "home grow" cannabis by medical cannabis program participants only. Recreational marijuana use by adults 21 and over will become legal on January 1, 2020. Municipalities may not restrict the private consumption of cannabis as authorized by the Act. The Act does however prohibit the use of cannabis in public places, schools and child care facilities among other locations. Municipalities may adopt and enforce local ordinances to regulate possession and public consumption of cannabis so long as the regulations and penalties are consistent with the Act.
The State of Illinois is allowing municipalities to decide whether to prohibit recreational cannabis businesses from locating in their communities or to allow these type of uses subject to local zoning restrictions. In addition to granting or restricting the authority of adult-use recreational dispensaries, municipalities have the option of authorizing on-site consumption of cannabis (i.e. - cannabis cafes / smoke lounges), as well as the co-location of craft growers, infusers and cultivation centers.
On November 18th, 2019, the Gurnee Village Board approved Ordinance 2019-78 which prohibits the sale of recreational cannabis in Gurnee. Gurnee has joined over a dozen other Lake County communities that have approved similar ordinances opting-out of the sale of recreational cannabis.
- When was cannabis made legal in Illinois?
- Can the consumption/possession of cannabis be banned by a local municipality like Gurnee?
- Will the Village have any regulatory abilities?
- What regulatory abilities, if any, do business owners and landlords have?
- Who can legally purchase and consume cannabis?
- Who can legally grow and sell recreational cannabis?
- What will the Village’s role be in the licensing process?
- How much cannabis may an individual possess?
- Will cannabis consumption be allowed in public spaces?
- Where will consumption be allowed?
- Are there any changes to existing medical cannabis laws?
- How is cannabis taxed?
- How will the potential tax revenue generated be used?
- How will the potential tax revenue from the (3%) tax be used by Gurnee?
- How do federal laws affect Illinois’ law?
- How does recreational cannabis affect criminal records?
- What are some potential impacts to the State’s decision to allow recreational marijuana use when it comes to policing?
- Is the sale of recreational cannabis legal in Gurnee?
- ban the selling of recreational cannabis within Village limit
- dictate the amount of legal dispensaries within the Village
- determine how cannabis businesses are operated such as hours of operation
- dictate the location of cannabis businesses as they relate to points of interest such as schools, churches, government buildings, and liquor stores.
- regulate the zoning of cannabis businesses in specific districts
-30 grams, or just over one ounce of “flower”
-5 grams of cannabis concentrate
-500 milligrams of THC - the chemical that makes users high – in a cannabis infused product such as gummies, candy, other consumable products (referred to as “edibles”), or tinctures, and lotions
Non-Illinois residents may legally possess up to ½ of these amounts.
-20% to State mental health services and substance abuse programs
-10% to pay unpaid State bills -35% to the State General Revenue Fund
-2% to public education and safety campaigns
-8% to the Local Government Distributive Fund, for prevention and training for law enforcement
-25% for identified social equity programs