Information will be updated here as it becomes available. Check back for updates! Please note; while we aim to keep this pages fully up to date with the latest information, cannabis laws are always changing. We encourage you to verify these rules and regulations in the official legal text, which we’ve linked throughout the page for your convenience.
On June 25, 2019, Gov. J.B. Pritzker signed into law HB 1438, which ends cannabis prohibition and replaces it with a system to tax and regulate cannabis for adults 21 and over.
In addition to legalizing possession and use for adults, it expands the current medical cannabis licensing system, includes automatic expungement for cannabis offenses, adds the ability for medical patients to grow cannabis at home, and offers significant benefits to communities hit hardest by inequities that were part of the war on cannabis.
Illinois legalized the use of marijuana for recreational purposes under the Cannabis Regulation and Tax Act, effective January 1, 2020. Recreational marijuana is also commonly referred to as “adult use” cannabis to distinguish it from medical marijuana, which Illinois legalized in 2014.
Currently, the Illinois Department of Financial and Professional Regulation (IDFPR) oversees the implementation and administration of many aspects of the adult use program. This entails the licensing and managing of dispensaries and dispensary agents.
The Illinois Department of Agriculture (IDOA), meanwhile, continues to regulate medical cannabis cultivation centers, and similarly supervises specific adult use cannabis businesses, namely cultivation centers, craft growers, infusers, transporters, and community college vocational programs.
Below you will find information regarding licensing procedures for dispensaries, growers, and processors. We keep this page up-to-date when new information becomes available. Please note that this page is for informational purposes only and should not be considered legal advice.
The Cannabis Regulation and Tax Act (410 ILCS 705) legalized the use of marijuana in Illinois for non-medicinal purposes, effective January 1, 2020. This is commonly called “adult use” cannabis, distinguishing it from medicinal marijuana or cannabis, which has been legal in Illinois since 2014. The Department of Agriculture continues to be the regulatory entity for medicinal cannabis cultivation centers, and was given similar authority for regulating certain adult use cannabis business establishments by the Cannabis Regulation and Tax Act. The Department is tasked with licensing and regulating adult use cultivation centers, cannabis craft growers, cannabis infusers, cannabis transporters, and Community College Vocational Cannabis Pilot Programs.
Starting January 1, 2020, adults 21 and older may possess cannabis and purchase cannabis products in licensed stores. Possession is limited to:
- 30 grams of raw cannabis;
- Cannabis-infused product or products containing no more than 500 mg of THC; and
- Five grams of cannabis product in concentrated form.
Non-residents may purchase half that amount, or 15 grams of cannabis, 250 mg of THC in a cannabis-infused product, and 2.5 grams of concentrated cannabis product.
Find the full Cannabis Regulation and Tax act here
Definition
Dispensaries sell recreational or medical cannabis and cannabis products in a legal, regulated setting.
Requirements – Adult Use
Each of the potential dispensary’s principal officers must complete an individual Application for Proposed Principal Officer of an Adult Use Cannabis Dispensing Organization and undergo a background check.
A principal officer is a cannabis business establishment applicant who is a licensed board member, owner, or individual with a financial interest in the business and is at least 21 years old. Additionally, each proposed principal officer must demonstrate:
- Experience and qualifications in business management or within the cannabis industry. This includes ensuring safety and accuracy in the dispensing and sale of cannabis.
- Knowledge of the cannabis product strains, varieties, types, and quantities that the business plans to sell. This includes confirmation of whether the dispensing organization plans to sell cannabis paraphernalia or edibles.
Please note that knowledge and qualifications can be demonstrated through experience in other industries so long as they reflect on the individual’s ability to operate a cannabis business.
Process – Adult Use
The Illinois Department of Financial and Professional Regulation (IDFPR) will first conduct a background check of the applicant’s principal officers. Each principal officer must submit their fingerprints to the Department of State Police for a state and federal criminal records check.
Next, applicants must submit their applications—both the Application for Proposed Principal Officer of an Adult Use Cannabis Dispensing Organization and the Conditional Adult Use Cannabis Dispensing Organization License Application. There is a nonrefundable application fee of $5,000 for the license.
If an applicant is accepted and receives a conditional license, they have 180 days to identify a physical location for their dispensary and 360 days to become operational.
If an applicant is unable to find a suitable physical address for their dispensary within 180 days but demonstrates concrete attempts to secure a location, the IDFPR may extend the search period another 180 days. However, if the IDFPR denies the extension or the license holder is unable to find a location and become operational, the IDFPR will rescind the conditional license.
A dispensing organization that is awarded a conditional license cannot purchase, possess, sell, or dispense cannabis or cannabis-infused products until it receives its official IDFPR-issued license.
Requirements – Medical
Each of the potential dispensary’s principal officers must complete an individual Application for Proposed Principal Officer of a Medical Cannabis Dispensing Organization and undergo a background check.
A principal officer is a cannabis business establishment applicant who is a licensed board member, owner, or individual with a financial interest in the business and is at least 21 years old. Additionally, each proposed principal officer must demonstrate:
Experience and qualifications in business management or within the cannabis industry. This includes ensuring safety and accuracy in the dispensing and sale of cannabis.
Knowledge of the cannabis product strains, varieties, types, and quantities that the business plans to sell. This includes confirmation of whether the dispensing organization plans to sell cannabis paraphernalia or edibles.
Please note that knowledge and qualifications can be demonstrated through experience in other industries so long as they reflect on the individual’s ability to operate a cannabis business.
Process – Medical
The IDFPR will first conduct a background check of the applicant’s principal officers. Each principal officer must submit their fingerprints to the Department of State Police for a state and federal criminal records check.
Next, applicants must submit their applications—both the Application for Proposed Principal Officer of a Medical Cannabis Dispensing Organization and the Medical Cannabis Dispensing Organization License Application. There is a nonrefundable application fee of $5,000 for the license.
If the Division of Professional Regulation (DPR) issues an authorization to an applicant, it will notify the applicant to file for registration. A dispensing organization must submit to the DPR all pertinent information and documents in a registration packet within 120 days of the authorization notification—unless otherwise approved.
If the DPR denies the registration packet, the dispensing organization has 10 business days to refile with all necessary edits and documents. If a dispensing organization’s registration packet is denied more than three times, the DPR may withdraw authorization.
If the DPR approves the registration packet, it will conditionally approve the registration. Final approval is contingent on the dispensary’s build-out and an authorized inspection.
Upon completion of the dispensary, the dispensing organization must request an inspection which the DPR will conduct to confirm compliance with the registration packet and the Compassionate Use of Medical Cannabis Program Act. The DPR can issue a registration only after a successful inspection.
Once the DPR has issued a registration, the dispensary must notify the DPR of its proposed opening date.
What kind of software do I need to operate a Dispensary?
Most states require dispensaries to track and trace all of their cannabis-related products for regulatory and compliance reporting requirements. Our Dispensary Point of Sale and inventory management system provides comprehensive seed-to-sale cannabis tracking with a focus on compliant data points. If your state requires seed-to-sale systems to stay compliant, BioTrack has you covered. Our system is customized to meet the unique regulatory frameworks in each and every state.
Definition
Craft growers, also commonly referred to as producers or cultivators, are responsible for growing cannabis. Once harvested, mature plants are transferred to processors.
Requirements
Each of the potential craft grower’s principal officers must undergo a background check.
A principal officer is a cannabis business establishment applicant who is a licensed board member, owner, or individual with a financial interest in the business and is at least 21 years old. Additionally, each proposed principal officer must demonstrate:
- Experience and qualifications in business management or within the cannabis industry.
- Knowledge of the cannabis strains, varieties, types, and quantities that the business plans to grow.
Please note that knowledge and qualifications can be demonstrated through experience in other industries so long as they reflect on the individual’s ability to operate a cannabis business.
Process
The Illinois Department of Agriculture (IDOA) will first conduct a background check of the applicant’s principal officers. Each principal officer must submit their fingerprints to the Illinois State Police for a state and federal criminal records check.
Next, applicants must submit their Adult Use Cannabis Craft Grower License Application. There is a nonrefundable application fee of $5,000 for the license.
If the IDOA receives an application with missing information, it may issue a deficiency notice to the applicant. The applicant will then have 10 days to resubmit the incomplete information. Applications that remain incomplete after this opportunity will be disqualified.
If the applicant is awarded a craft grower license, the information and plans provided in its application will be a mandatory condition of the license. Any variation from or failure to perform such plans may result in discipline, including the revocation or nonrenewal of a license. The applicant must pay a prorated fee of $40,000 prior to receiving the license, which will be deposited into the Cannabis Regulation Fund.
What kind of software do I need to operate a Craft Growing Facility?
Most states require dispensaries to track and trace all of their cannabis-related products for regulatory and compliance reporting requirements. Our cannabis cultivation and inventory management system provides comprehensive seed-to-sale cannabis tracking with a focus on compliant data points. If your state requires seed-to-sale systems to stay compliant, BioTrack has you covered. Our system is customized to meet the unique regulatory frameworks in each and every state.
Definition
Also known as manufacturers, processors take harvested cannabis from growers and create derivative extracts for edibles, concentrates, topicals, and prepacks. Once finished, their products are transported to dispensaries. In Illinois, craft growers and infusers can process the cannabis plant into various forms of cannabis-related products.
Requirements for Craft Growers
Each of the potential craft grower’s principal officers must undergo a background check. A principal officer is a cannabis business establishment applicant who is a licensed board member, owner, or individual with a financial interest in the business and is at least 21 years old. Additionally, each proposed principal officer must demonstrate:
- Experience and qualifications in business management or within the cannabis industry.
- Knowledge of the cannabis strains, varieties, types, and quantities that the business plans to grow.
Please note that knowledge and qualifications can be demonstrated through experience in other industries so long as they reflect on the individual’s ability to operate a cannabis business.
Process for Craft Growers
The Illinois Department of Agriculture (IDOA) will first conduct a background check of the applicant’s principal officers. Each principal officer must submit their fingerprints to the Illinois State Police for a state and federal criminal records check.
Next, applicants must submit their Adult Use Cannabis Craft Grower License Application. There is a nonrefundable application fee of $5,000 for the license.
If the IDOA receives an application with missing information, it may issue a deficiency notice to the applicant. The applicant will then have 10 days to resubmit the incomplete information. Applications that remain incomplete after this opportunity will be disqualified.
If the applicant is awarded a craft grower license, the information and plans provided in its application will be a mandatory condition of the license. Any variation from or failure to perform such plans may result in discipline, including the revocation or nonrenewal of a license. The applicant must pay a prorated fee of $40,000 prior to receiving the license, which will be deposited into the Cannabis Regulation Fund.
Requirements for Infusers
The Illinois Department of Agriculture (IDOA) may adopt measures to ensure that infusers have access to an adequate supply of reasonably affordable raw materials necessary for the manufacture of cannabis-infused products. This includes allowing infusers to apply for a processor license to extract raw materials from cannabis. If the IDOA determines that infusers can apply for processing licenses, infusing organizations must demonstrate:
- Experience with the extraction, processing, or infusing of oils similar to those derived from cannabis.
- Experience with manufacturing equipment and chemicals that are used in processing.
- Expertise in relevant scientific fields.
- A commitment to proper waste disposal.
Process for Infusers
If the IDOA makes processing licenses available to infusing organizations, an infuser must submit all required forms to the IDOA. The IDOA will only issue an infuser a processing license if it is reasonably certain that the infuser will process cannabis in a safe and compliant manner.
What kind of software do I need to operate a Processing Facility?
Most states require dispensaries to track and trace all of their cannabis-related products for regulatory and compliance reporting requirements. Our processing seed-to-sale tracking solution provides comprehensive seed-to-sale cannabis tracking with a focus on compliant data points. If your state requires seed-to-sale systems to stay compliant, BioTrack has you covered. Our system is customized to meet the unique regulatory frameworks in each and every state.
Compassionate Use of Medical Cannabis
Qualifying Conditions for Illinois Medical Cannabis Patients are determined by the state; you can petition to have conditions added to the list of qualifying conditions here.
Caregivers grow and process cannabis on behalf of patients. They cannot charge for cannabis, only recoup the costs of goods.
How can I get an Illinois Medical Cannabis Card?
Minor Qualifying Patients – Please scroll down.
To qualify for a patient registry identification card, a qualifying patient must:
- Be a resident of the State of Illinois at the time of application and remain a resident during participation in the program;
- Have a qualifying debilitating medical condition (see below);
- Have a signed physician certification (unless you are a veteran receiving medical care at a VA facility);
- Complete the fingerprint-based background check within 30 days of submitting your application and not have been convicted of an excluded offense (a felony under the Illinois Controlled Substances Act, Cannabis Control Act, or
- Methamphetamine Control and Community Protection Act, or similar provisions in a local ordinance or other jurisdiction), unless the Department waives such a conviction(s);
- Be at least 18 years of age;
- Not hold a school bus permit or Commercial Driver’s License; and
- Not be an active duty law enforcement officer, correctional officer, correctional probation officer, or firefighter.
Registered medical cannabis patients must select a dispensary to purchase their medical cannabis from. Here is an updated list of registered dispensaries in Illinois.
Physician Written Certification Physician Certifications completed on behalf of qualifying patients applying to the Illinois Department of Public Health, Medical Cannabis Registry Program, shall be provided to the applicant for submission with the application for a registration card. As of June 2018, Physicians no longer need to submit the Physician Certification directly to the Department via mail or email. Whether or not a physician chooses to provide a written physician certification is up to the healthcare practitioner.
Illinois Department of Public Health
Division of Medical Cannabis
535 W. Jefferson Street
Springfield, IL 62761
Qualifying Medical Patient Cannabis Application and Instructions – Illinois
Illinois Qualifying Medical Patients must adhere to a background check, which is conducted using a Fingerprint Background check along with the submitted photo with your application.
Fingerprint Background Check – Patient Form – Illinois
Does my condition qualify for Medical Cannabis in Illinois?
- Agitation of Alzheimer’s disease
- HIV/AIDS
- Amyotrophic lateral sclerosis (ALS)
- Arnold-Chiari malformation
- Cancer
- Causalgia
- Chronic inflammatory demyelinating polyneuropathy
- Crohn’s disease
- CRPS (complex regional pain syndrome Type II)
- Dystonia
- Fibrous Dysplasia
- Glaucoma
- Hepatitis C
- Hydrocephalus
- Hydromyelia
- Interstitial cystitis
- Lupus
- Multiple Sclerosis
- Muscular Dystrophy
- Myasthenia Gravis
- Myoclonus
- Nail-patella syndrome
- Neurofibromatosis
- Parkinson’s disease
- Post-Concussion Syndrome
- Post-Traumatic Stress Disorder (PTSD)
- Reflex sympathetic dystrophy
- Residual limb pain
- Rheumatoid arthritis
- Seizures (including those characteristic of Epilepsy)
- Severe fibromyalgia
- Sjogren’s syndrome
- Spinal cord disease (including but not limited to arachnoiditis)
- Spinal cord injury is damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity
- Spinocerebellar ataxia
- Syringomyelia
- Tarlov cysts
- Tourette syndrome
- Traumatic brain injury
- Cachexia/wasting syndrome
Medical Cannabis Registration Fees in Illinois:
- $100 – 1-Year Registry Card
- $200 – 2-Year Registry Card
- $250 – 3-Year Registry Card
Reduced Application Fees – Patients receiving Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) and veterans may be eligible for a reduced application fee:
- $50 – 1-Year Registry Card
- $100 – 2-Year Registry Card
- $125 – 3-Year Registry Card
How can a minor apply for Medical Cannabis in Illinois?
Minors are subject to a $250 fee for a 3-year registry and are required to have a designated caregiver; one caregiver is included at no charge in the application. Patients may add a second caregiver for a fee of $750 by completing a caregiver application. Qualifying patients under the age of 18 are not required to submit a photo or undergo a fingerprint background check.
A physician certification is required as well as a reviewing physician certification.
If a qualifying minor patient turns 18 while their registry identification card is still active, they may apply for an adult registry identification card immediately or during the normal renewal period.
The designated caregiver is required to be specified for a qualifying patient under the age of 18:
- A qualifying patient under 18 years of age may identify two designated caregivers if both biological parents or two legal guardians have significant decision-making responsibilities over the qualifying patient; or
- If only one biological parent or legal guardian has significant decision-making responsibilities for the qualifying patient under 18 years of age, then a second designated caregiver may be identified.
Caregivers of registered qualifying minor patients are only able to purchase medical cannabis-infused products from registered dispensing organizations; other types of medical cannabis products are not permitted.
Minor Qualifying Patient Application and Instructions – Illinois
How can I become a Caregiver in Illinois?
If your qualifying medical condition restricts you from being able to purchase cannabis by yourself, or you’re a qualifying medical patient under the age of 18, a caregiver may be designated to assist you with purchasing. Simply fill out a Designated Caregiver Application and submit the required documentation with your patient application. Patients under the age of 18 are allowed to register 2 designated caregivers for a fee.
Designated Caregiver Application – Illinois
Designated Caregiver Fees
- $25 – 1-Year Registry Card
- $50 – 2-Year Registry Card
- $75 – Caregiver applying for a patient who has already been registered (Expiration dates for caregiver and patient will match)
