McLean County Cannabis – Is It Legal & Where To Buy 2024

Is Cannabis Cultivation Legal in McLean County?

Medical and adult-use cannabis cultivation in McLean County is legal by virtue of the updated Compassionate Use of Medical Cannabis Program Act (410 ILS 130) and Cannabis Regulation and Tax Act (410 ILCS 705) of the State of Illinois, which were supported by the McLean County Code Section 350-43 and McLean County Code Section 350-42 on zoning.

Home growing of medical cannabis exclusively for personal use is allowed by the Illinois Medical Cannabis Patient Registry Program for enrolled patients aged 21 and older, subject to the following rules:

• They must have been Illinois residents since the previous month, at least.

• They must grow their medical cannabis in their current residence.

• If they do not own the place, they must have the owner’s permission to cultivate medical cannabis.

• Only five medical cannabis plants may be more than five inches tall.

• In addition to their plants, they may have up to 30 grams of other forms of medical cannabis in their residence.

• Medical cannabis in any form must not be seen from outside the home.

• Medical cannabis in any form must be in a locked area protected from thieves and trespassers.

• Homegrown medical cannabis may not be sold or given away in any form.

• Violations of any rule will be penalized and the right to home cultivation will be curtailed.

A medical and adult-use cannabis cultivation business cannot operate without acquiring either a craft grower license or a cultivation center license from the Illinois Department of Agriculture. A licensee may only hold one of these but is authorized to establish up to three facilities. McLean County Code Section 350-43 requires all medical and adult-use cannabis businesses, including craft growers and cultivation centers, to submit their state license to the McLean County Department of Building and Zoning director not more than 30 days after getting it.

A cultivation center licensee may grow a flowering cannabis canopy to a maximum of 210,000 square feet. A craft grower licensee may only grow the canopy to a maximum of 5,000 square feet. Expansions may be allowed by the Department of Agriculture depending on market demand.

Cannabis crops must be grown indoors, hidden from the public’s view by a full enclosure that is locked and protected 24 hours a day by a security system that the Illinois State Police has approved. Only authorized persons may be granted entry.

A licensed medical and adult-use cannabis cultivation center in McLean County must be at least 1,000 feet from any residence, school, daycare center, public library, public park, playground, or place of worship. All other licensed medical and adult-use cannabis businesses, including craft growers, must be at least 500 feet from the same areas listed above.

According to McLean County Code’s Section 350-42, licensed medical and adult-use cannabis cultivation centers and craft growers are allowed only in the residential A zone and non-residential C, M-1, and M-2 zones upon review and approval of their application for special use.

All licensed medical and adult-use cannabis businesses in McLean County, including craft growers and cultivation centers, are not allowed to have any light coming out from their buildings at night. Any light in their parking lots must be focused inside the property with no spillovers to adjacent properties.

Is Cannabis Manufacturing Legal in McLean County?

Medical and adult-use cannabis manufacturing in McLean County is legal as mandated by the updated 410 ILS 130 and 410 ILCS 705 and the McLean County Code’s Sections 350-42 and 350-43.

A medical and adult-use cannabis manufacturing business needs to first obtain a cannabis infuser or processor license from the Illinois Department of Agriculture and present this within 30 days to the McLean County Department of Building and Zoning director.

The medical and adult-use cannabis processor licensee may incorporate the cannabis concentrate it extracts from cannabis plants into cannabis products. On the other hand, the medical and adult-use cannabis infuser licensee is not authorized to extract cannabis concentrate. It can only infuse into cannabis products the cannabis concentrate it has purchased from a processor.

Both licensed medical and adult-use cannabis processors and infusers are required to follow these guidelines on packaging:

1. All cannabis products must be packaged according to the U.S. Poison Prevention Packaging Act and must be sealed, child-safe, tamper-proof, and resistant to light.

2. All cannabis products must be labeled accurately with a content list, product quantity, and expiry date.

3. All cannabis product labels must contain the following legible warnings:

   • The cannabis contained in the product may cause addiction.

   • Only individuals aged 21 and older are allowed to use cannabis.

   • Women who are pregnant or nursing must not use cannabis.

   • Cognitive function may be impaired with the consumption of cannabis.

   • It is illegal to drive under the influence of cannabis.

   • It is illegal to sell cannabis unlicensed.

   • It is illegal to give away cannabis.

   • It is illegal to bring cannabis outside the State of Illinois.

   • The use and possession of cannabis may be illegal in certain areas.

   • Federal law prohibits the use and possession of cannabis.

4. Deceptive or fraudulent information is prohibited on labels.

5. All cannabis products must be in packaging that will not attract children, or resemble other products sold for children.

6. It is prohibited to encourage excessive use of cannabis on cannabis product packages.

7. It is prohibited to display the image of the cannabis leaf on cannabis product packages.

8. It is prohibited to display the image of a minor using cannabis on cannabis product packages.

9. It is prohibited to display on cannabis product packages anything that may be misconstrued as state endorsement.

In McLean County, licensed medical and adult-use cannabis processors and infusers must comply with the location restrictions that also apply to licensed craft growers. They are allowed only in non-residential C, M-1, and M-2 zones. They are also required to abide by the night lighting regulations that apply to all licensed cannabis businesses.

Is Cannabis Retail Legal in McLean County?

Medical and adult-use cannabis retail in McLean County is legal as stipulated by 410 ILS 130 and 410 ILCS 705 and their updates, as well as Sections 350-42 and 350-43 of the McLean County Code.

A cannabis retail business must apply to the Illinois State Department of Financial and Professional Regulation for a conditional adult-use cannabis dispensing organization license and then an adult-use cannabis dispensing organization license. Each licensee is allowed to establish up to 10 dispensaries, but must first present the state license within 30 days to the director of the McLean County Department of Building and Zoning.

These licenses allow them to sell by retail both medical cannabis to medical cannabis cardholders and adult-use cannabis to persons 21 years old and older who must show a valid government-issued photo ID as proof of age. Licensed dispensaries may sell all forms of properly packaged and labeled medical and adult-use cannabis, such as cannabis plant leaves and flowers, oil, concentrate, topical preparations, edible products, and others. They may not, however, allow cannabis consumption or use on their premises, including parking lots.

Medical marijuana cardholders have a purchase limit of 2.5 cannabis ounces in total every 14 days from licensed cannabis dispensaries. For patients who require more, their healthcare professional must send a waiver to the Medical Cannabis Patient Registry, for approval by the Illinois Department of Public Health.

Illinois residents aged 21 and older have a total purchase limit per day from any number of licensed dispensaries consisting of five grams of cannabis concentrate, 30 grams of cannabis flowers, and 500 milligrams of tetrahydrocannabinol (THC) in cannabis products. This is also their state limit for cannabis possession.

Non-residents of Illinois in the same age group have a total purchase limit per day from any number of licensed dispensaries consisting of 2.5 grams of cannabis concentrate, 15 grams of cannabis flowers, and 250 milligrams of THC in cannabis products. This likewise reflects their cannabis possession limit.

In McLean County, licensed medical and adult-use cannabis dispensaries have the same location restrictions as licensed craft growers, infusers, and processors. Furthermore, they can only be located in non-residential C and M-1 zones. They must also follow the rules on night lighting that all licensed cannabis businesses are subject to.

Is Cannabis Delivery Legal in McLean County?

Medical and adult-use cannabis delivery to purchasers, even to medical cannabis cardholders, in McLean County is not allowed by 410 ILS 130 and 410 ILCS 705 and their updates. Senate Bill 2404 proposed its legalization statewide but the matter was not discussed before the Illinois Senate adjourned in January 2023.

Only the transportation of medical and adult-use cannabis between licensed cannabis businesses are allowed by 410 ILS 130 and 410 ILCS 705 and the McLean County Code, provided this is done by a cannabis transporter licensed by the Illinois Department of Agriculture. Like all other cannabis businesses, the cannabis transporter licensee must submit the license to the McLean County Department of Building and Zoning director within 30 days.

All deliveries between licensed cannabis businesses must be recorded in the cannabis tracking system of the state. All medical and adult-use cannabis must be carried in sealed packages.

How to Get a Medical Marijuana Card in McLean County

Residents of McLean County must apply online for a medical marijuana card since paper applications are not accepted by the Medical Cannabis Patient Registration Program of the State of Illinois. An applicant must prepare a valid proof of residency in the state and must stay within the state for the duration of enrolment in the registry. A medical examination by one of these state-licensed healthcare practitioners is required:

• A Medical Doctor

• A Physician Assistant (PA)

• An Advance Practice Registered Nurse-Full Practice Authority (APRN-FPA)

• An Advance Practice Nurse (APN)

• A Nurse Practitioner (NP)

The practitioner will post a certification on the registry online once the applicant is found to have one of these qualifying medical conditions:

• Terminal illness

• Tarlov cysts

• Agitation of Alzheimer’s disease

• Ulcerative colitis

• HIV/AIDS

• Spinocerebellar ataxia

• Autism

• Superior canal dehiscence syndrome

• Amyotrophic lateral sclerosis (ALS)

• Sjogren’s syndrome

• Causalgia

• Spinal cord disease

• Cachexia/wasting syndrome

• Spinal cord injury

• Cancer

• Syringomyelia

• Anorexia nervosa

• Rheumatoid arthritis

• Crohn’s disease

• Severe fibromyalgia

• Chronic inflammatory demyelinating polyneuropathy

• Polycystic kidney disease (PKD)

• Arnold-Chiari malformation

• Parkinson’s disease

• Hydromyelia

• Reflex sympathetic dystrophy

• Hydrocephalus

• Tourette syndrome

• Chronic pain

• Seizures

• Dystonia

• Residual limb pain

• Ehlers-Danlos syndrome

• Post-Traumatic Stress Disorder (PTSD)

• CRPS (complex regional pain syndrome Type II)

• Post-Concussion Syndrome

• Hepatitis C

• Traumatic brain injury

• Glaucoma

• Osteoarthritis

• Fibrous Dysplasia

• Myoclonus

• Irritable bowel syndrome

• Neurofibromatosis

• Interstitial cystitis

• Neuropathy

• Migraines

• Lupus

• Myasthenia Gravis

• Nail-patella syndrome

• Muscular Dystrophy

• Neuro-Bechet’s autoimmune disease

• Multiple Sclerosis

The Medical Cannabis Patient Registration Program's website contains links to the following types of applications:

• Terminal patients

• Terminal patients who are minors

• Adult patients who require a caregiver

• Patients who are minors

• Adult patients who do not require a caregiver

• Caregivers

The Medical Cannabis Patient Registration Program, along with the Opioid Alternative Pilot Program (OAPP), also accepts applications from residents of the State of Illinois not younger than 21 years old with a certification from a state-licensed health practitioner stating that they have a medical condition that needs opioid medication. Medical cannabis is safer than opioids.

When the application is approved, the medical cannabis card of the patient or caregiver will appear on their registry account online for printing. They may also opt to show the digital medical cannabis card at a licensed dispensary but then they must also show another valid government-issued physical photo ID card.

More information may be sought from 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

How Has Cannabis Legalization Impacted the Economy of McLean County?

In compliance with 410 ILCS 705, the following taxes are levied on medical and adult-use cannabis statewide:

1. Cultivation Privilege Tax:

   • Cultivation centers and craft growers must pay 7% of their gross sales

2. Purchaser Excise Tax

   • All cannabis businesses must pay 25% of the selling price of cannabis with more than 35% THC content

   • All cannabis businesses must pay 10% of the selling price of cannabis with 35% or less THC content

   • All cannabis businesses must pay 20% of the selling price of cannabis-infused products

3. Municipal Retailers’ Occupation Tax

   • A municipality may charge up to 3% of gross sales of licensed dispensaries

4. County Retailers’ Occupation Tax

   • A county may charge licensed dispensaries up to 3.75% of gross sales in unincorporated areas, up to 3% of gross sales in a municipality of a home-rule county, and up to 0.75% of gross sales in a municipality of a non-home-rule county.

The November 15, 2022 report of the Illinois Commission on Government Forecasting and Accountability (CGFA) shows that state revenue from cannabis rose from $18 million in FY 2020 to $71 million in FY 2021 and $115 million in FY 2022.

The Effects of Cannabis Legalization on Crime Rates in McLean County

Medical cannabis was legalized in 2013 and adult-use cannabis in 2020 in McLean County.

Data available from the McLean County Sheriff's Office on the FBI’s Crime Explorer page shows that in 2021, there were seven marijuana offense arrests, with four for possession and three for manufacturing or sales. There were 170 DUI arrests.