Kendall County Cannabis – Is It Legal & Where To Buy 2025

Is Cannabis Cultivation Legal in Kendall County?

The cultivation of cannabis in Kendall County for both medical and adult use is legal. The Compassionate Use of Medical Cannabis Program Act (410 ILS 130) of the State of Illinois, which took effect on January 1, 2014, and its subsequent updates, legalized medical cannabis. The Cannabis Regulation and Tax Act (410 ILCS 705), which took effect on January 1, 2020, legalized recreational cannabis in the state for individuals who are at least 21 years old. Although counties and municipalities are allowed by 410 ILCS 705 to opt out of adult-use cannabis businesses by ordinance, Kendall County has not done so.

Medical cannabis cardholders who are at least 21 years old are allowed under 410 ILS 130 to grow medical cannabis at home for personal use only without a license. Counties and municipalities may not prohibit this, according to 410 ILCS 705/55-25. Medical cannabis home growers may each cultivate up to five cannabis plants over five inches tall. They can do this only in their primary place of residence. If they are not the homeowner, they must have the owner’s permission to do so. Cultivation must be indoors or in a greenhouse, out of sight of the public. Any violations of the regulations will result in the suspension of the home cultivation privilege.

To commercially cultivate both medical and adult-use cannabis, 410 ILCS 705 requires first the conditional adult-use cannabis cultivation center license and then the adult-use cannabis cultivation center license, both from the Division of Cannabis Regulation (DCR) of the Illinois Department of Agriculture (IDOA). Conditional licensees are not authorized to start operations until they obtain the adult-use cannabis cultivation center license.

Adult-use cannabis cultivation center licensees are authorized by 410 ILCS 705/20-30 to grow a cannabis crop canopy of up to 210,000 square feet, as well as extract cannabis concentrate and manufacture medical and adult-use cannabis products. Previously-licensed medical cannabis cultivators, as of January 1, 2020, were allowed to apply for early approval by 410 ILCS 705/20-10 to be able to cultivate both medical and adult-use cannabis crops.

Commercial adult-use cannabis cultivation may also be done with an adult-use cannabis craft grower license from the DCR. The licensee is authorized by 410 ILCS 705/1-10 only for the cultivation of adult-use cannabis, with a maximum canopy of 5,000 square feet. The licensee may apply to the DCR to expand to a maximum of 14,000 square feet if supported by market demand.

All types of licensed cannabis cultivation must be done indoors, in a building or greenhouse, in accordance with 410 ILCS 705/1-5. The structure must be locked and a security system approved by the Illinois State Police must be running continuously to protect it.

As of August 30, 2022, the State of Illinois had 21 licensed medical and adult-use cannabis cultivation centers, none of which were in Kendall County. As of July 11, 2023, the state had 87 licensed adult-use cannabis craft growers, also none located in Kendall County.

Is Cannabis Manufacturing Legal in Kendall County?

The manufacturing of medical and adult-use cannabis products in Kendall County is legal as mandated by the updated 410 ILS 130 and 410 ILCS 705 of the State of Illinois. The county had not opted out of licensed adult-use cannabis manufacturing businesses.

To commercially manufacture both medical and adult-use cannabis products, the DCR’s adult-use cannabis cultivation center license is required. To manufacture only adult-use cannabis products, the cannabis infuser license of the DCR is required. As of July 11, 2023, the state had 55 licensed adult-use cannabis infusers, with none in Kendall County.

Is Cannabis Retail Legal in Kendall County?

The retail selling of medical and adult-use cannabis and cannabis products in Kendall County is legal as stipulated by the State of Illinois’ updated 410 ILS 130 and 410 ILCS 705. Only medical cannabis cardholders are allowed to purchase medical cannabis and medical cannabis products, and only individuals who are at least 21 years old are allowed to purchase adult-use cannabis and adult-use cannabis products. Kendall County did not opt out of licensed adult-use cannabis retail businesses.

To sell adult-use cannabis by retail, 410 ILCS 705 requires the conditional adult-use cannabis dispensing organization license followed by the adult-use cannabis dispensing organization license from the Illinois Department of Financial and Professional Regulation (IDFPR). Previously-licensed medical cannabis dispensaries, as of January 1, 2020, were allowed to apply for early approval by 410 ILCS 705/15-15 to be able to sell both medical and adult-use cannabis and cannabis products. Conditional licensees are not authorized to sell adult-use cannabis and adult-use cannabis products until they obtain the adult-use cannabis dispensing organization license.

As of June 21, 2023, the State of Illinois had 137 licensed cannabis dispensaries. Of these, 82 sell only adult-use cannabis and 55 sell both medical and adult-use cannabis. There was no cannabis dispensary of any type in Kendall County.

Licensed medical and adult-use cannabis dispensaries are allowed to sell, under 410 ILCS 705 and 410 ILCS 130, cannabis plant parts and cannabis products such as oils, tinctures, food, beverages, and topical preparations, among others. In accordance with 410 ILCS 705/55-21, cannabis products meant for ingestion may contain only a maximum of 100 milligrams of tetrahydrocannabinol (THC) per package. Additionally, cannabis products meant for smoking must carry a warning about the health dangers of smoking.

Medical cannabis cardholders are restricted by 410 ILCS 130 to a 14-day purchase limit equivalent to 2.5 ounces of medical cannabis. However, the patient may purchase more upon acquiring a waiver from their healthcare provider.

Consumers who are at least 21 years old may purchase the following quantities of adult-use cannabis and adult-use cannabis products at each transaction:

  • Raw cannabis: 30 grams
  • Cannabis concentrate: 5 grams
  • Cannabis products: 500 milligrams of total THC content

Age-qualified consumers who are not state residents may purchase only half of the above quantities of adult-use cannabis and adult-use cannabis products at each transaction.

Is Cannabis Delivery Legal in Kendall County?

The delivery of medical cannabis and its products to medical cannabis cardholders, and adult-use cannabis and its products to age-qualified consumers is not legal in Kendall County, according to the updated 410 ILS 130 and 410 ILCS 705 of the State of Illinois.

Licensed medical and adult-use cannabis businesses are permitted to transport medical and adult-use cannabis and cannabis products to and from each other, but only through a cannabis transporter licensed by the DCR.

How to Get a Medical Marijuana Card in Kendall County

Kendall County residents may apply online for a medical cannabis card from the State of Illinois’ Medical Cannabis Patient Registry Program (MCPP) after getting a healthcare provider certification showing that they have been diagnosed with one of the qualifying ailments listed below:

  • Fibrous Dysplasia
  • Chronic pain
  • Spinal cord injury
  • Multiple Sclerosis
  • Cachexia/wasting syndrome
  • Reflex sympathetic dystrophy
  • Osteoarthritis
  • Tarlov cysts
  • Myoclonus
  • Tourette syndrome
  • Cancer
  • Neuro-Bechet’s autoimmune disease
  • Spinal cord disease
  • Hydrocephalus
  • Glaucoma
  • Agitation of Alzheimer’s disease
  • Irritable bowel syndrome
  • Hydromyelia
  • Hepatitis C
  • Muscular Dystrophy
  • Syringomyelia
  • Seizures
  • Anorexia nervosa
  • Ulcerative colitis
  • Traumatic brain injury
  • Parkinson’s disease
  • Neurofibromatosis
  • Nail-patella syndrome
  • Causalgia
  • Dystonia
  • Sjogren’s syndrome
  • HIV/AIDS
  • Rheumatoid arthritis
  • Arnold-Chiari malformation
  • Interstitial cystitis
  • Residual limb pain
  • Post-Concussion Syndrome
  • Myasthenia Gravis
  • Amyotrophic lateral sclerosis (ALS)
  • Polycystic kidney disease (PKD)
  • Crohn’s disease
  • Spinocerebellar ataxia
  • Neuropathy
  • Ehlers-Danlos syndrome
  • CRPS (complex regional pain syndrome Type II)
  • Lupus
  • Superior canal dehiscence syndrome
  • Chronic inflammatory demyelinating polyneuropathy
  • Severe fibromyalgia
  • Autism
  • Migraines
  • Post-Traumatic Stress Disorder (PTSD)
  • Terminal illness

The healthcare provider will send the certification to the MCPP electronically, after which the patient and the patient’s caregiver must complete their respective applications online. Patients below 18 years old are required to have a parent or legal guardian as a caregiver.

There are specific instructions for various types of applications, as follows:

Terminal patients are not charged a medical cannabis card fee, in accordance with 410 ILCS 130/60. Discounts on the card fee may be availed of by U.S. military veterans and recipients of benefits from the following:

  • Social Security Disability Income (SSDI)
  • Illinois Teachers’ Retirement Disability
  • Supplemental Security Income (SSI)
  • U.S. Railroad Retirement Board Disability
  • Illinois State Universities Retirement System Disability

The medical cannabis card fees depend on the type of applicant and the validity period of the card, 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

A digital medical cannabis card will be sent to the patient and caregiver through the online registry. This may be downloaded or printed. If the digital version is used to purchase medical cannabis and medical cannabis products, a separate valid physical ID is required by licensed medical cannabis dispensaries.

Application to the MCPP is also open to patients registered with the state’s Opioid Alternative Pilot Program (OAPP) and who are at least 21 years old.

Queries may be directed to the following:

Medical Cannabis Patient Program

DPH.medicalcannabis@illinois.gov

1-855-636-3688 (9 AM - 4 PM Monday to Friday)

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Opioid Alternative Pilot Program

DPH.OAPP@illinois.gov

855-636-3688

How Has Cannabis Legalization Impacted the Economy of Kendall County?

As mandated by 410 ILCS 705, the following taxes are levied on adult-use cannabis and adult-use cannabis products in the State of Illinois:

Cultivation Privilege Tax
7% of adult-use cannabis gross sales, charged to licensed cannabis cultivators and craft growers
Cannabis Purchaser Excise Tax
10% of the price of adult-use cannabis with a THC content of 35% or lower
25% of the price of adult-use cannabis with a THC content higher than 35%
20% of the price of any adult-use cannabis product

In addition, based on the State of Illinois tax rate finder, Kendall County’s local retailer’s occupation tax rate for medical cannabis and medical cannabis products is 1%, while it is 11% for adult-use cannabis and adult-use cannabis products.

The Effects of Cannabis Legalization on Crime Rates in Kendall County

Medical cannabis was legalized in Kendall County in 2014, and adult-use cannabis was legalized in 2020.

The only available data sent by the Kendall County Sheriff's Office to the Crime Explorer page of the FBI shows that in 2021, there were 13 marijuana possession arrests and one marijuana sales arrest, totaling 14 marijuana offense arrests. DUI arrests numbered 54.

The same page shows that for the entire State of Illinois, there were 309 marijuana possession arrests and 45 marijuana sales arrests, totaling 354 marijuana offense arrests in 2013, a year before the legalization of medical cannabis.

In 2015, a year after the legalization of medical cannabis, there were 232 marijuana possession arrests and 24 marijuana sales arrests, totaling 256 marijuana offense arrests.

In 2020, a year before the legalization of adult-use cannabis, there were 140 marijuana possession arrests and nine marijuana sales arrests, totaling 149 marijuana offense arrests.

In 2021, the latest data showed 1,159 marijuana possession arrests and 205 marijuana sales arrests, totaling 1,364 marijuana offense arrests.

In those years, the number of DUI arrests statewide was as follows:

  • 2013: 3,861 arrests
  • 2015: 3,651 arrests
  • 2020: 231 arrests
  • 2021: 4,388 arrests