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

  1. Illinois Cannabis
  2. Peoria County Cannabis

Is Cannabis Cultivation Legal in Peoria County?

Cannabis cultivation in Peoria County for medical and adult use is legal by virtue of the State of Illinois’ Compassionate Use of Medical Cannabis Program Act (410 ILS 130) and Cannabis Regulation and Tax Act (410 ILCS 705) and their updates, as well as the Peoria County Code of Ordinances Chapter 6 Article 5 and Chapter 20 Section 7.18.

Patients aged 21 and above who are enrolled in the Illinois Medical Cannabis Patient Registry Program are permitted to cultivate medical cannabis at home for personal use only, provided they abide by the following regulations:

  • They must have lived in the state for the past month.

  • They are only allowed to grow medical cannabis within their current dwelling place.

  • They must own the dwelling or get the permission of the owner for cannabis cultivation.

  • They can have a maximum of five medical cannabis plants that are over five inches tall.

  • Excluding the medical cannabis plants, they can have a maximum of 30 grams of medical cannabis in other forms at home.

  • They must ensure that cannabis in any form is not visible from the outside of the dwelling place.

  • They must ensure that cannabis in any form is kept in a space that is locked and unbreachable by trespassers or thieves.

  • They must not give away or sell any medical cannabis plants grown at home and their byproducts.

  • They will be penalized for any infractions and the privilege for the home cultivation of medical cannabis will be withdrawn.

For commercial cultivation of cannabis for medical and adult use, companies need to obtain from the Illinois Department of Agriculture either a cultivation center license or a craft grower license. Only one of these is allowed for every holder, but up to three facilities are allowed for every licensee. State-licensed craft growers and cannabis cultivation centers must then submit a copy of their state licenses to Peoria County authorities.

The cultivation center license enables the licensee to grow cannabis plants with a maximum flowering canopy measuring up to 210,000 square feet. The craft grower licensee is restricted to growing a cannabis flowering canopy up to 5,000 square feet. The Department of Agriculture may allow an expansion of up to 14,000 square feet if market demand increases.

Medical and adult-use cannabis plants can only be grown indoors within completely enclosed structures that hide all forms of cannabis from the sight of the public. Unauthorized individuals must be prohibited from entering the premises, which must be carefully guarded and locked. There must be a 24-hour security system in place with the approval of the Illinois State Police.

All medical and adult-use cannabis businesses in the county, including licensed cultivation centers and craft growers, must comply with the following regulations:

  • Keep the required setbacks from the road, sides, and rear of the property according to the zoning district.

  • No medical or adult-use cannabis or cannabis products must be visible from public areas such as sidewalks, streets, and other similar spaces.

  • The cannabis business licensee must establish a security plan to protect the medical and adult-use cannabis and cannabis products, the entire facility, personnel, and purchasers.

  • It is prohibited to have a cannabis smoking area in any cannabis business facility.

  • The cannabis business licensee must manage the behavior of employees and purchasers so that they do not negatively impact the quality of life of nearby residents, businesses, and property owners.

  • Any signage on cannabis business facilities must abide by the Peoria County Code Section 20-7.5.5.

  • The lighting on cannabis business facilities must abide by the lighting plan approved by the state on their respective licenses and the Peoria County Code Section 20-5.13.5.

  • Licensed cannabis businesses must implement an odor control plan with an air treatment system that prevents the emission of any smells detectable outside the property.

  • All licensed cannabis businesses, except licensed transporters, are allowed for “special use” in the following county zonal districts:

    • C-2 General Commercial

    • C-3 Regional Commercial

    • I-1 Light Industrial

    • I-2 Heavy Industrial

  • Licensed cannabis transporters are allowed only n the following county zonal districts:

    • I-1 Light Industrial

    • I-2 Heavy Industrial

Is Cannabis Manufacturing Legal in Peoria County?

Cannabis manufacturing in Peoria County is legal for medical and adult-use cannabis products as mandated by 410 ILS 130, 410 ILCS 705, and the County Code of Ordinances Chapter 6 Article 5 and Chapter 20 Section 7.18. For commercial manufacturing, companies need to obtain from the Illinois Department of Agriculture either a cannabis processor or infuser license. They must then present their state licenses to Peoria County authorities.

A licensed cannabis processor is authorized to extract cannabis concentrate from the cannabis plant materials and incorporate the concentrate or other cannabis materials into a cannabis product. A licensed cannabis infuser is only authorized to incorporate cannabis concentrate or other forms of cannabis into cannabis products.

Cannabis infuser licensees must comply with the following packaging guidelines:

  1. All cannabis packages must adhere to the Poison Prevention Packaging Act of the United States and be sealed, tamper-proof, light-resistant, and child-safe.

  2. Accurate labels with a list of all the product's contents, the amount, and the expiration date are required for every cannabis product.

  3. These warnings must be legible on the labels of all cannabis products:

  • The product contains cannabis, which can be addictive.

  • Cannabis can only be used legally by persons over the age of 21.

  • Cannabis should not be used by pregnant or nursing women.

  • Cannabis consumption has the potential to impair cognitive function.

  • Driving after using or ingesting cannabis is unlawful.

  • It is prohibited to sell cannabis in any form without a license.

  • It is prohibited to distribute cannabis in any form.

  • It is prohibited to transport cannabis outside of the state of Illinois in any form.

  • Cannabis usage and possession in any form may be prohibited in some places.

  • Cannabis possession and consumption are forbidden under federal law.

  1. Cannabis packets must not contain any fraudulent or deceptive information.

  2. All cannabis packaging must not be appealing to youngsters.

  3. Cannabis packages must not look like other commodities often offered to kids.

  4. No language that promotes excessive cannabis usage may appear on the packaging of cannabis.

  5. The picture of a cannabis leaf is not permitted on any cannabis product.

  6. No depiction of a minor using cannabis is permitted on any cannabis package.

  7. No markings that would mislead the public into believing that the cannabis product has the state's approval may appear on any cannabis packaging.

All cannabis businesses in the county, including licensed infusers and processors, must comply with the regulations that cover all other types of cannabis business licensees.

Is Cannabis Retail Legal in Peoria County?

Cannabis retail in Peoria County for medical and adult-use cannabis and cannabis products is legal as stipulated by 410 ILCS 705 and 410 ILS 130, supported by Chapter 6 Article 5 and Chapter 20 Section 7.18 of the County Code of Ordinances.

Before applying for an adult-use cannabis dispensing organization license, a business must first get a conditional adult-use cannabis dispensing organization license from the Department of Financial and Professional Regulation. A state-issued adult-use cannabis dispensing organization license allows the licensee to open a maximum of 10 dispensary facilities. The licensee must first present the state license to Peoria County authorities.

All forms of cannabis for both medicinal and recreational use may be sold by licensed dispensaries as long as these are packed and labeled appropriately. Among these are cannabis flowers and leaves, concentrate, oil, edible items, and topical remedies. Only medical marijuana cardholders and anyone over the age of 21 showing a valid government-issued ID card with their date of birth are qualified to make a cannabis purchase.

Every 14-day cycle, holders of medical marijuana cards are permitted to purchase up to 2.5 ounces of marijuana from any licensed cannabis dispensary. The patient's healthcare professional must declare a waiver on the online registry if the patient's medical situation calls for more. The Illinois Department of Public Health will review this for approval.

Persons 21 and older who are Illinois residents may purchase a daily limit of cannabis products comprising 500 milligrams of tetrahydrocannabinol (THC), 30 grams of cannabis flowers, and five grams of cannabis concentrate from any licensed cannabis dispensary. Adult residents of the state have the same possession restriction.

Individuals 21 and above who are not Illinois residents may buy a daily limit of cannabis products containing 250 milligrams of THC, 15 grams of cannabis flowers, and 2.5 grams of cannabis concentrate from any licensed cannabis dispensary. This is the possession cap for adults who are not state residents.

The use or consumption of any form of cannabis on the premises of licensed dispensing organizations, including parking lots and other public areas, is prohibited.

Is Cannabis Delivery Legal in Peoria County?

Cannabis delivery is not legal in Peoria County even for medical marijuana cardholders and adults aged 21 and older in accordance with 410 ILCS 705 and 410 ILS 130. Its legalization was recommended by Senate Bill 2404. The Illinois Senate did not, however, pass it before adjourning in January 2023.

The transport of cannabis is only allowed by 410 ILCS 705 and 410 ILS 130, and likewise, by the Peoria County Code of Ordinances Chapter 6 Article 5 and Chapter 20 Section 7.18, among licensed cannabis businesses if done by a holder of the Illinois Department of Agriculture’s cannabis transporter license. The licensee must also present the state license to county authorities.

Cannabis goods must be conveyed in sealed containers. Every delivery must be recorded in the state's marijuana tracking system.

How to Get a Medical Marijuana Card in Peoria County

Applications on paper are not recognized by the Illinois Medical Cannabis Patient Registration Program. Hence, a medicinal marijuana card may only be obtained through an online application in Peoria County. The candidate must provide proof of state residency and must reside in Illinois for the course of their program participation.

The candidate must be examined by any of the following qualified healthcare practitioners licensed to practice in the State of Illinois:

  • Medical Doctor

  • Physician Assistant (PA)

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

  • Advance Practice Nurse (APN)

  • Nurse Practitioner (NP)

If the candidate is diagnosed with one of the following debilitating medical conditions, a certification on the online registry will be posted by the healthcare practitioner:

  • Terminal illness

  • Agitation of Alzheimer’s disease

  • HIV/AIDS

  • Autism

  • Amyotrophic lateral sclerosis (ALS)

  • Causalgia

  • Cachexia/wasting syndrome

  • Cancer

  • Anorexia nervosa

  • Crohn’s disease

  • Chronic inflammatory demyelinating polyneuropathy

  • Arnold-Chiari malformation

  • Hydromyelia

  • Hydrocephalus

  • Chronic pain

  • Dystonia

  • Ehlers-Danlos syndrome

  • CRPS (complex regional pain syndrome Type II)

  • Hepatitis C

  • Glaucoma

  • Fibrous Dysplasia

  • Irritable bowel syndrome

  • Interstitial cystitis

  • Migraines

  • Myasthenia Gravis

  • Muscular Dystrophy

  • Multiple Sclerosis

  • Neuro-Bechet’s autoimmune disease

  • Nail-patella syndrome

  • Lupus

  • Neuropathy

  • Neurofibromatosis

  • Myoclonus

  • Osteoarthritis

  • Traumatic brain injury

  • Post-Concussion Syndrome

  • Post-Traumatic Stress Disorder (PTSD)

  • Residual limb pain

  • Seizures

  • Tourette syndrome

  • Reflex sympathetic dystrophy

  • Parkinson’s disease

  • Polycystic kidney disease (PKD)

  • Severe fibromyalgia

  • Rheumatoid arthritis

  • Syringomyelia

  • Spinal cord injury

  • Spinal cord disease

  • Sjogren’s syndrome

  • Superior canal dehiscence syndrome

  • Spinocerebellar ataxia

  • Ulcerative colitis

  • Tarlov cysts

Candidates can locate the necessary information for the sort of application they must submit on the Medical Cannabis Patient Registration Program's website. They can select from the following options:

Illinois residents aged 21 and older may also join the Medical Cannabis Patient Registry Program and the Opioid Alternative Pilot Program (OAPP) if a qualified state-licensed health practitioner certifies that their medical condition requires an opioid prescription. Medical cannabis is considered a safer alternative to opioids.

The digital medical marijuana card is displayed on the patient's or caregiver's online registry account for printing when the application is approved. A tangible government-issued ID card with their photo must be shown by the patient or caregiver in addition to the digital card if they choose to use a smartphone to present it at a dispensary.

Contact the following for more information:

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 Peoria County?

Chapter 22 Article XI of the Peoria County Code of Ordinances imposed a county cannabis retailers’ occupation tax on all retail sales of adult-use cannabis effective January 1, 2020. Licensed retailers are required to pay the State of Illinois Department of Revenue 3.75% of gross recreational cannabis sales from unincorporated areas of the county, and 3% of gross recreational cannabis sales from any municipality within the county.

The following taxes are imposed by Illinois statewide:

  • A cultivation privilege tax for craft growers and cultivation centers: 7% of gross sales

  • A purchaser excise tax for all cannabis businesses: 25% of purchase price on all sales of cannabis with THC content of over 35%

  • A purchaser excise tax for all cannabis businesses: 10% of purchase price on all sales of cannabis with THC content of 35% or lower

  • A purchaser excise tax for all cannabis businesses: 20% of purchase price on all sales of products infused with cannabis

The Illinois Commission on Government Forecasting and Accountability stated in its February 2022 report that statewide cannabis sales in 2021 exceeded $1 billion, earning higher tax revenues than alcohol sales. The cannabis tax revenues forecast for fiscal year (FY) 2022 of the Illinois Department of Revenue was $253.5 million, increasing in FY 2023 to $323.5 million, and in FY 2024 to $375.5 million.

The Effects of Cannabis Legalization on Crime Rates in Peoria County

Cannabis for medical use in Peoria County was legalized in 2014 and cannabis for adult use was legalized in 2020.

Data from the Illinois State Police annual crime report of 2013 shows that Peoria County had 744 drug crime arrests per 100,000 people in that year. Meanwhile, data from the Illinois State Police annual crime report of 2020 shows that in that year, this decreased to 326 drug crime arrests per 100,000 people.

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Illinois Cannabis County Info