Licensed cannabis cultivation for medical and adult use in Kankakee County is legal. The use of cannabis for medical purposes was legalized in the State of Illinois, effective January 1, 2014, by the Compassionate Use of Medical Cannabis Program Act (410 ILS 130). This was further improved by subsequent updates. Adult use of cannabis by individuals who are 21 years old and older was legalized, effective January 1, 2020, by the Cannabis Regulation and Tax Act (410 ILCS 705). According to 410 ILCS 705, however, counties and municipalities may opt out of adult-use cannabis businesses through an ordinance. Kankakee County adopted Resolution Number 2021-05-11-236 which allows all types of adult-use cannabis businesses, including adult-use cannabis cultivation businesses, within its unincorporated areas.
The Illinois Department of Agriculture (IDOA) Division of Cannabis Regulation (DCR) issues the licenses required for a cannabis cultivation company to start operating in Kankakee County. First, the conditional adult-use cannabis cultivation center license must be obtained, but operations are not allowed to begin until after the adult-use cannabis cultivation center license is acquired. Medical cannabis cultivator license holders who got their permits under 410 ILS 130 were allowed, as of January 1, 2020, to apply for the early approval of their adult-use cannabis cultivation center license through 410 ILCS 705/20-10.
Licensed adult-use cannabis cultivation centers are authorized by 410 ILCS 705/20-30 to grow a cannabis crop canopy measuring 210,000 square feet maximum. They are also authorized to manufacture medical and adult-use cannabis products from their harvests.
Another type of permit issued by the DCR is the adult-use cannabis craft grower license. This authorizes the holder to grow a cannabis crop canopy measuring 5,000 square feet at most. The licensee may apply to the DCR for more growing space upon reaching that limit and may be given a maximum of 14,000 square feet if the market’s demand is high.
Cannabis crops must be cultivated only indoors within a building or greenhouse, according to 410 ILCS 705/1-5. The structure must be fully enclosed and protected by locks and a round-the-clock security system pre-approved by the Illinois State Police.
In the State of Illinois, 21 licensed medical and adult-use cannabis cultivation centers existed as of July 27, 2023, with one in the City of Kankakee, which is in Kankakee County. As of the same date, 87 licensed adult-use cannabis craft growers existed throughout the state, with none in Kankakee County.
Medical cannabis home growing is permitted under 410 ILS 130, provided that the medical cannabis cardholder is 21 years old and older. According to 410 ILCS 705/55-25, this cannot be prohibited by counties and municipalities. Cannabis that is homegrown must be for personal use only and cannot be sold. It can only be cultivated in the primary home of the grower and with the homeowner’s consent. The maximum number of plants above five inches tall allowed per qualified medical cannabis cardholder is five. The cultivation must be done indoors, within the house, or in a greenhouse, and not visible from a public vantage point. Any violation of any rule will result in the suspension of the medical cannabis home-growing privilege.
Licensed cannabis product manufacturing in Kankakee County is legal for medical and adult-use cannabis products under the State of Illinois’ updated 410 ILS 130 and 410 ILCS 705. While 410 ILCS 705 enables counties and municipalities to ban adult-use cannabis businesses by ordinance, Kankakee County allows these, including adult-use cannabis product manufacturing, in its unincorporated areas.
Licensed adult-use cannabis cultivation centers, as mentioned earlier, may manufacture medical and adult-use cannabis products. On the other hand, the cannabis infuser license issued by the DCR authorizes only the manufacturing of adult-use cannabis products. As of July 27, 2023, 55 licensed adult-use cannabis infusers existed in the State of Illinois, with none located in Kankakee County.
Licensed cannabis retail in Kankakee County is legal for medical and adult-use cannabis and cannabis products as mandated by the amended 410 ILS 130 and 410 ILCS 705 of the State of Illinois. While 410 ILCS 705 provides counties and municipalities with the option to prohibit adult-use cannabis businesses by ordinance, Kankakee County allows these, including adult-use cannabis retailers, in its unincorporated areas.
To sell retail medical and adult-use cannabis and cannabis products to qualified purchasers, a conditional adult-use cannabis dispensing organization license followed by an adult-use cannabis dispensing organization license issued by the Illinois Department of Financial and Professional Regulation (IDFPR) is required. A cannabis retail company can only start operating after receiving the second license.
Medical cannabis dispensary license holders that obtained their permits under 410 ILS 130 were allowed, as of January 1, 2020, to apply for the early approval of their adult-use cannabis dispensing organization license through 410 ILCS 705/15-15. Only medical cannabis cardholders are allowed to purchase medical cannabis and medical cannabis products, while only individuals who are 21 years old and older may purchase adult-use cannabis and its products.
As of July 20, 2023, 141 licensed cannabis dispensaries existed in the State of Illinois, with one located in the City of Bourbonnais in Kankakee County. Among all of them, 55 sell both medical and adult-use cannabis and cannabis products. However, the retail facility in Kankakee County sells only adult-use cannabis and cannabis products.
Under both 410 ILCS 130 and 410 ILCS 705, licensed medical and adult-use cannabis dispensaries are permitted to sell raw cannabis, oils, tinctures, beverages, food items, topical preparations, and others. Only a maximum content of 100 milligrams of tetrahydrocannabinol (THC) is allowed by 410 ILCS 705/55-21 for each package of a cannabis product that is meant to be ingested. A warning on the health dangers of smoking is required on the package of any cannabis product that is meant to be smoked.
Every 14 days, 410 ILCS 130 stipulates that a medical cannabis cardholder is allowed to purchase only a 14-day supply of medical cannabis equivalent to 2.5 ounces. A waiver from the patient’s healthcare provider is required if the patient’s health condition needs a higher supply of medical cannabis for the period.
Adult consumers of the right age who reside in the State of Illinois have a purchase limit per transaction equivalent to five grams of cannabis concentrate, 30 grams of raw cannabis, and adult-use cannabis products containing a total of 500 milligrams of THC. Only half of this purchase limit is allowed for age-qualified consumers who are from other states.
It is illegal even for licensed cannabis retailers to deliver medical and adult-use cannabis and cannabis products in Kankakee County as mandated by the amended 410 ILS 130 and 410 ILCS 705 of the State of Illinois. On the other hand, cannabis transporters licensed by the DCR are authorized to deliver medical and adult-use cannabis and cannabis products between and among licensed medical and adult-use cannabis businesses.
Kankakee County residents can get a medical cannabis card from the State of Illinois’ Medical Cannabis Patient Registry Program (MCPP) by applying online after acquiring a healthcare provider certification that they were diagnosed with one of these listed qualifying illnesses:
A digital copy of the patient’s certification has to be sent by the healthcare provider electronically to the MCPP. A caregiver must be provided for a patient who is a minor. The caregiver must be the patient’s parent or guardian. Patients who are adults but need help may also name a caregiver. All caregivers must register online just like patients. The following application instructions must be followed for each type of applicant:
Application fees vary according to the length of the card’s validity period and the type of applicant. Patients who have terminal conditions are not charged. Discounts are available for veterans of the U.S. military and beneficiaries of the Social Security Disability Income (SSDI), Supplemental Security Income (SSI), U.S. Railroad Retirement Board Disability, Illinois Teachers’ Retirement Disability, and Illinois State Universities Retirement System Disability.
The respective fees are as follows:
Patient below 18 | Adult Patient | Adult Patient with One Caregiver | Adult Patient with Two Caregivers | Adult Patient with Three Caregivers | Caregiver | |
One-Year Card | $25 | $50 | $75 | $100 | $125 | $25 |
Discounted One-Year Card | N/A | $25 | $50 | $75 | $100 | N/A |
Two-Year Card | $50 | $100 | $150 | $200 | $250 | $50 |
Discounted Two-Year Card | N/A | $50 | $100 | $150 | $200 | N/A |
Three-Year Card | $75 | $125 | $200 | $275 | $350 | $75 |
Discounted Three-Year Card | N/A | $75 | $150 | $225 | $300 | N/A |
The approved digital medical cannabis card may be downloaded and printed from the patient’s and caregiver’s respective registry accounts. They must show a separate valid physical ID if they choose to use the digital medical cannabis card shown on their smartphone.
Patients who are 21 years old and older and listed in the Opioid Alternative Pilot Program (OAPP) of the State of Illinois are likewise allowed to apply for the medical cannabis card of the MCPP.
Inquiries may be made through the following:
Medical Cannabis Patient Program
DPH.medicalcannabis@illinois.gov
1-855-636-3688 (9 AM - 4 PM Monday to Friday)
Opioid Alternative Pilot Program
DPH.OAPP@illinois.gov
855-636-3688
Kankakee County adopted Resolution #2019-11-12-191 which states that all retail sales of adult-use cannabis in its unincorporated areas are subject to a retailers occupation tax equivalent to 3.75% of gross sales. All retail sales of adult-use cannabis in municipalities of the county are also subject to a retailers occupation tax but this time equivalent to 3% of gross sales. Both are in increments of 0.25%. All taxes are remitted to the Illinois Department of Revenue. This is now Article IV of the Kankakee County Code.
Medical cannabis was legalized in Kankakee County and the whole of the State of Illinois in 2014. Meanwhile, adult-use cannabis was legalized statewide in 2020.
Data found on the Crime Explorer page of the FBI shows that the year before medical cannabis was legalized in the state, in 2013, there were 354 total arrests for marijuana offenses, made up of 309 arrests for marijuana possession and 45 arrests for marijuana sales.
The year after medical cannabis was legalized, in 2015, there were 256 total arrests for marijuana offenses, made up of 232 arrests for marijuana possession and 24 arrests for marijuana sales.
The year before adult-use cannabis was legalized, in 2019, there were 325 total arrests for marijuana offenses, made up of 310 arrests for marijuana possession and 15 arrests for marijuana sales.
The latest data in 2021 showed that there were 1,364 total arrests for marijuana offenses, made up of 1,159 arrests for marijuana possession and 205 arrests for marijuana sales.
The DUI arrests during those years numbered as follows: