Yes. Pursuant to Illinois’ Compassionate Use of Medical Cannabis Program Act (410 ILCS 130) and Cannabis Regulation and Tax Act (410 ILCS 705), Macon County allows the cultivation of medical and adult-use marijuana. Growing marijuana is only lawful if it is done in an enclosed, locked facility. This includes a room, greenhouse, building, or other enclosed sites equipped with locks and adequate security measures to prevent unauthorized access. More importantly, the plants must not be visible from the public view.
Although the medical and adult use of marijuana is legal in Macon County, the personal cultivation of marijuana is exclusive to registered qualifying patients. Under Article 10 of 410 ILCS 705, adults aged 21 or older, registered under Illinois’ Medical Cannabis Patient Registry Program, may grow up to five medical marijuana plants that are more than five inches tall per residence. Seeds may be purchased by the registered qualifying patient from licensed dispensaries and may not be given nor sold to other people.
Regarding commercial cultivation, the Illinois Department of Agriculture (IDOA) regulates and grants licenses to cultivation centers and craft growers. These establishments are authorized to perform the necessary activities to make marijuana and marijuana-infused products available to processing and dispensing organizations. Craft growers can utilize a canopy space of up to 5,000 square feet to grow plants in the flowering stage, which may be increased to 14,000 square feet, depending on the IDOA. Cultivation center agents and craft grower agents, issued with identification cards by the IDOA, operate these establishments.
Following Section 105 of 410 ILCS 130, cultivation centers may not operate within 2,500 feet of public and private schools and residential zones. Advertisements for marijuana and marijuana-infused products may not be placed within 1,000 feet of schools, playgrounds, recreation facilities, child care centers, public parks and libraries, and arcades.
Both processing and manufacturing medical and adult-use marijuana is legal in Macon County.
As stated in Section 80 of 410 ILCS 130, marijuana-infused products for medical use are prepared by licensed cultivation centers and dispensing organizations. However, these organizations may not manufacture products requiring special temperature handling to prevent any food-borne illness. Packaging and labeling requirements under the Illinois Food, Drug, and Cosmetic Act (4100 ILCS 620) must be met, particularly the inclusion of the following information: name and address of the cultivation center that manufactured the product, the common name of the product, list of ingredients and additives, allergen label, the pre-mixed weight of usable marijuana per package, manufacturing and ‘’use by’’ date, and warning labels. A Department of Public Health-Certified Food Service Sanitation Manager supervises the operation of cultivation centers producing marijuana-infused products.
On the other hand, licensed processing organizations and infuser organizations manufacture adult-use marijuana. Per 410 ILCS 705, processing organizations extract marijuana to produce concentrates or infuse them into another formulation to produce a marijuana product. Meanwhile, infuser organizations directly incorporate marijuana or concentrate into product formulations to produce marijuana-infused products. It is unlawful for both organizations to sell marijuana products to entities other than dispensing organizations.
Yes. Only licensed dispensing organizations are authorized to sell medical and adult-use marijuana to Macon County medical marijuana cardholders, caregivers, and adults aged 21 and above. While dispensaries are legal, Macon County has yet to have its first operational dispensary as of April 2023. In the meantime, residents can purchase marijuana products such as edibles, concentrates, oils, tinctures, topicals, and inhalers from nearby counties.
Purchase limits are as follows:
Medical Marijuana Cardholders - up to 2.5 ounces of usable marijuana every 14 days, which may be increased depending on the Department of Public Health’s approval
Adult-use Marijuana - up to 30 grams of flower, 500 milligrams of tetrahydrocannabinol (THC) in marijuana-infused products, 5 grams of concentrate
As state laws define, usable marijuana includes the plant’s seeds, leaves, buds, and flowers and any preparation or product containing such ingredients. A government-issued ID must be presented to be able to purchase from dispensaries.
No, it is not legal to deliver medical and adult-use marijuana to Macon County residents. Section 15-70 of 410 ILCS 705 states explicitly that dispensing organizations are prohibited from transporting marijuana to purchasers. In line with this, Section 5 of Illinois’ Cannabis Control Act (720 ILCS 550) provides the penalties for those who will violate this regulation.
The Illinois Department of Public Health (IDPH) provides an extensive list of debilitating conditions. To qualify for the state’s Medical Cannabis Patient Program and obtain a medical cannabis registry identification card, Macon County residents must be diagnosed with at least one of the listed debilitating conditions. Patients must receive a physician certification prior to their application. Additionally, applicants must prepare a government-issued ID, passport photo, application fee, and caregiver identification if applicable.
Applications are only accepted by the IDPH online. Patients may or may not register a designated caregiver. Upon successful application, the patient may print a copy of their medical cannabis registry identification card, which may be found on their online accounts. Alternatively, a digital copy may be presented with valid proof of identification when purchasing medical marijuana from dispensaries.
Inquiries may be entertained by the Medical Cannabis Patient Program every Monday to Friday from 9 AM to 4 PM through 1-855-636-3688 DPH.email@example.com.
Macon County has no operational licensed marijuana establishments as of April 2023. If marijuana establishments start to operate in the county, the following tax will be imposed on marijuana sales following 410 ILS 130:
Cultivation Privilege Tax: 7% of gross receipts of cultivation centers and craft growers
Purchaser Excise Tax: 20% of the price of all marijuana-infused products plus 10% of the cost of marijuana containing up to 35% THC or 25% of the price of marijuana containing more than 35% THC
Optional Municipal Cannabis Retailers’ Occupation Tax: 3% of gross sales of retail establishments
Optional County Retailers’ Occupation Tax: 3.75% of gross sales for unincorporated areas, 3% for municipalities in a home-rule county, or 0.75% for municipalities in a non-home-rule county.
The recorded total dispensary state revenue grew from $49,460,287.70 in Fiscal Year 2020 to $435,105,007.88 in Fiscal Year 2022. Looking at this trend, Macon County may see a more robust economy if marijuana establishments begin to operate in the county.
The medical and adult use of marijuana became legal in Macon County after Illinois legalized its use in 2014 and 2020, respectively. Since then, the state has recorded varying crime rates related to the possession and sale of marijuana, as reported on the FBI Crime Data Explorer:
2013: 309 arrests for possession and 45 arrests for sale
2015: 232 arrests for possession and 24 arrests for sale
2017: 201 arrests for possession and 26 arrests for sale
2019: 310 arrests for possession and 15 arrests for sale
2021: 1,159 arrests for possession and 205 arrests for sale
From 2013 to 2021, an increase in the number of arrests for marijuana possession and sale was recorded.