Yes, it is legal to cultivate cannabis in Madison County. Medical cannabis was legalized in Illinois by the Compassionate Use of Medical Cannabis Program Act (410 ILS 130) in 2014. On January 1, 2020, the recreational use of cannabis by adults aged 21 and older was legalized by The Cannabis Regulation and Tax Act (410 ILCS 705), with updates.
Home cultivation of cannabis by registered patients aged 21 and older in the Medical Cannabis Patient Registry Program is allowed under state law 410 ILCS 705 provided the following are complied with:
The registered patient has been a state resident for at least the previous 30 days.
The registered patient resides in the residence where the cannabis is being grown.
The registered patient either owns the residence or the owner of the place has given permission for the growing of cannabis.
Not more than five cannabis plants over five inches in height can be grown in a residence.
Not more than 30 grams of cannabis separate from the living plants can be possessed by registered patients at home.
The cannabis plants and their growing area and storage space must not be visible to the public.
The cannabis plants must be secured to prevent unauthorized access and theft.
The registered patient is forbidden from selling or giving away the cannabis plants or its products.
The privilege to grow cannabis at home will be revoked and other penalties will be meted out if any regulations are violated.
To cultivate cannabis commercially, companies must acquire either a cultivation center license or a craft grower license from the Illinois Department of Agriculture. Each company may acquire up to three cultivation center licenses or three craft grower licenses. Holders of the craft grower license may not concurrently hold a cultivation center license.
The cultivation center license authorizes the holder to grow a canopy of up to 210,000 square feet of flowering marijuana plants. On the other hand, the craft grower license authorizes the holder to grow a canopy of only up to 5,000 square feet of flowering cannabis plants. If the demand of the market requires it, the Department of Agriculture may increase the allowed canopy for craft growers up to 14,000 square feet.
Cannabis intended for sale must only be grown in licensed facilities that are completely enclosed, hidden from public view, and locked to prevent unwanted access. The facilities must use a security system that has been vetted by the Illinois State Police and provides surveillance 24 hours a day.
Yes, it is legal to manufacture cannabis in Madison County by virtue of 410 ILS 130 and 410 ILS 705. A company must first apply for a cannabis infuser license from the Illinois Department of Agriculture to manufacture marijuana products. A cultivation center license also includes the authority to manufacture marijuana products.
Licensed cannabis manufacturers are required to comply with packaging guidelines, as follows:
Cannabis containers must be in accordance with the Poison Prevention Packaging Act, sealed, light-resistant, and child-resistant.
Cannabis items must be accurately labeled with the complete content list, how much cannabis the product contains, and the date the product must be used at the latest.
The following warnings must be visibly and legibly presented in the cannabis packaging:
The item contains cannabis that can be habit-forming.
The cannabis item is for use only by adults aged 21 and above.
Pregnant and breastfeeding women must not use the cannabis item.
Cannabis products can negatively affect cognitive abilities.
Driving under the influence of a cannabis product is illegal.
Selling a cannabis item is illegal for unlicensed entities.
Giving away a cannabis item is illegal.
Taking a cannabis item outside Illinois is illegal.
Possessing or using a cannabis product is illegal under federal law.
Possessing or using a cannabis product is illegal in some jurisdictions.
There must be no misleading or false information on cannabis packaging.
It is prohibited to use cannabis packaging that is attractive to minors.
It is prohibited to use cannabis packaging similar to that of products being sold to minors.
It is prohibited to use cannabis packaging that promotes excessive usage of marijuana.
It is forbidden to include any image of the marijuana leaf in cannabis packaging.
It is forbidden to show a person younger than 21 using marijuana in cannabis packaging.
It is forbidden to use any symbol in cannabis packaging that may cause consumers to misconstrue that the product is being endorsed by the state.
Yes, it is legal to sell cannabis by retail in Madison County pursuant to 410 ILS 130 and 410 ILS 705. A company must first apply for a conditional adult-use cannabis dispensing organization license with the Illinois Department of Financial and Professional Regulation. The company can subsequently apply for an adult-use cannabis dispensing organization license. Each company may acquire up to 10 adult-use cannabis dispensing organization licenses.
Licensed dispensaries may only sell to adults 21 years old and older who can show proof of age, as well as patients and caregivers who present their medical marijuana cards. Allowed for sale are cannabis and cannabis products of all types, such as tinctures, oil, ointments, and cannabis-infused edible items, among others. All cannabis items for sale require proper labeling.
For registered patients, only 2.5 ounces of cannabis at most may be purchased from licensed dispensaries every 14 days. If the patient’s medical condition requires more than this, the patient’s healthcare provider must submit an online waiver that must be approved by the Illinois Department of Public Health.
Adult Illinois residents aged 21 and above are only allowed to possess up to 500 milligrams of tetrahydrocannabinol (THC) contained in a product, five grams of cannabis concentrate, and 30 grams of cannabis flowers. They are not allowed to purchase more than these from licensed dispensaries, as well.
Visitors to the state are only allowed to possess up to 250 milligrams of tetrahydrocannabinol (THC) contained in a product, 2.5 grams of cannabis concentrate, and 15 grams of cannabis flowers. These also represent the limits of their allowable purchase from licensed dispensaries.
It is illegal to deliver cannabis, even to medical marijuana cardholders and adults aged 21 and older in Madison County and elsewhere in Illinois. The pending Senate Bill 2404 is calling for its legalization.
Currently, it is only legal to transport marijuana between licensed cultivation centers, craft growers, infusers, dispensing organizations, and testing facilities. This can only be done with a cannabis transporter license acquired from the Illinois Department of Agriculture. All cannabis transported must be sealed in containers. It is required to log every delivery into the department’s data collection system.
Madison County residents must apply for a medical marijuana card online because paper documents are not accepted by the Illinois Medical Cannabis Patient Registry Program. The applicant must be a state resident and must remain in residence within Illinois for the duration of participation in the program. The applicant must also be afflicted with one of the following qualifying debilitating medical conditions:
● Agitation of Alzheimer’s disease
● Amyotrophic lateral sclerosis (ALS)
● Anorexia nervosa
● Arnold-Chiari malformation
● Chronic inflammatory demyelinating polyneuropathy
● Crohn’s disease
● Chronic pain
● CRPS (complex regional pain syndrome Type II)
● Ehlers-Danlos syndrome
● Fibrous Dysplasia
● Hepatitis C
● Interstitial cystitis
● Irritable bowel syndrome
● Multiple Sclerosis
● Muscular Dystrophy
● Myasthenia Gravis
● Nail-patella syndrome
● Neuro-Bechet’s autoimmune disease
● Post-Concussion Syndrome
● Traumatic brain injury
● Seizures (including those of Epilepsy)
● Residual limb pain
● Post-Traumatic Stress Disorder (PTSD)
● Parkinson’s disease
● Reflex sympathetic dystrophy
● Tourette syndrome
● Rheumatoid arthritis
● Severe fibromyalgia
● Polycystic kidney disease (PKD)
● Spinal cord disease
● Spinal cord injury
● Spinocerebellar ataxia
● Superior canal dehiscence syndrome
● Sjogren’s syndrome
● Tarlov cysts
● Ulcerative colitis
● Terminal illness
A qualified healthcare practitioner must first examine the patient and submit a certification of the diagnosis online. Qualified to do so are physicians and physician assistants (PA), as well as holders of Advance Practice Registered Nurse-Full Practice Authority (APRN-FPA), Advance Practice Nurse (APN), and Nurse Practitioner (NP) licenses.
On the Medical Cannabis Patient Registry Program page, applicants will find instructions for each of the following applications: \
Every patient who needs a caregiver may register up to three caregivers.
Also qualified to register in the medical cannabis program and the Opioid Alternative Pilot Program (OAPP) are state residents aged 21 or older who need or have an opioid prescription due to a medical condition. A licensed physician must also certify this. Cannabis is deemed a safer alternative to opioids.
Once the application to the Medical Cannabis Patient Registry Program is approved, the medical marijuana card of the patient and caregivers become available in their online account for printing. They may also show their digital medical marijuana card from their mobile phones provided they also present a separate valid physical identification card.
For further information or assistance, the public may contact the following:
Medical Cannabis Patient Program:
1-855-636-3688 (9 AM - 4 PM Monday to Friday)
Opioid Alternative Pilot Program:
Cannabis sales are subject to the following taxes according to 410 ILS 130:
7% cultivation privilege tax on craft growers’ and cultivation centers’ gross sales
25% purchaser excise tax on cannabis with over 35% THC content, based on price
20% purchaser excise tax on cannabis-infused products, based on price
10% purchaser excise tax on cannabis with 35% or lower THC content, based on price
Municipal Cannabis Retailers’ Occupation Tax of up to 3% of cannabis retail businesses’ gross sales
County Retailers’ Occupation Tax on gross sales of cannabis retail businesses, up to 3.75% in unincorporated areas, up to 3% for municipalities in a home-rule county, and up to 0.75% for municipalities in a non-home-rule county
In a February 2022 report, the Illinois Commission on Government Forecasting and Accountability stated that state cannabis sales exceeded $1 billion in 2021. Taxes from these also exceeded tax revenues earned from the sales of alcohol. The Illinois Department of Revenue expects that for the fiscal year 2022, revenues from cannabis will reach $253.5 million. This is further expected to increase in FY2023 to $323.5 million, and in FY2024 to $375.5 million.
Illinois legalized medical cannabis in 2014 and recreational cannabis for adults aged 21 and older in 2020. The Illinois State Police annual crime report 2013 shows that in 2013, there were 625 drug crime arrests per 100,000 population in Madison County. The Illinois State Police annual crime report 2020 shows a decrease to 479 drug crime arrests per 100,000 population in the county.
On the FBI’s Crime Data Explorer page, the Madison County Sheriff’s Office reports that in 2021, there were 188 arrests for drug abuse violations, of which 21 were for marijuana possession and one was for marijuana manufacturing or sales. There were 30 DUI arrests.