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

Is Cannabis Cultivation Legal in Sangamon County?

Yes, the cultivation of cannabis is legal in Sangamon County. Cultivation for medical use was allowed by the 2014 Illinois Compassionate Use of Medical Cannabis Program Act (410 ILS 130). On the other hand, cultivation for the recreational use of adults aged 21 and older was allowed by the 2020 Illinois Cannabis Regulation and Tax Act (410 ILCS 705), and its supplemental updates. These are supported by Chapter 5.32 of the Sangamon County Code.

Patients who are 21 years old and above, and who are registered in the Illinois Medical Cannabis Patient Registry Program, are permitted by 410 ILCS 705 to cultivate cannabis at home. They must, however, comply with the following:

● They must have resided in Illinois for the past 30 days.

● They must live in the home where the cannabis will be cultivated.

● They must own the place or have the permission of the owner to cultivate cannabis there.

● They can only grow a maximum of five cannabis plants that are taller than five inches.

● They can only possess a maximum of 30 grams of cannabis at home, in addition to the living plants.

● They must ensure that the public cannot view the cannabis cultivation and storage area, cannabis plants, or any forms of cannabis from outside.

● They must ensure that unauthorized access and theft are prevented by securing the cannabis plants and all forms of cannabis under lock.

● They are prohibited from giving away or selling the cannabis plants they grow or any byproducts.

● They will be meted with penalties and the home cultivation privilege will be revoked if they violate regulations.

Companies that intend to commercially cultivate cannabis must apply to the Illinois Department of Agriculture for either a craft grower license or a cultivation center license. They are not allowed to hold both licenses at the same time. They are, however, each allowed to hold up to three of one type of license.

The craft grower license holder is allowed to have a maximum canopy of 5,000 square feet of cannabis plants in flower. This may be extended by the Department of Agriculture up to 14,000 square feet once market demand needs it. The cultivation center license holder is allowed to have a maximum canopy of 210,000 square feet of the same.

Cannabis cultivation is required to be done indoors, in a completely enclosed structure, shielded from the sight of the public, and secured under lock and key from unauthorized entry. The licensed facility must implement a 24-hour security system that has been approved by the Illinois State Police.

Is Cannabis Manufacturing Legal in Sangamon County?

Yes, the manufacturing of both medical and recreational adult-use cannabis is legal in Sangamon County pursuant to 410 ILS 130, 410 ILS 705, and Chapter 5.32 of the Sangamon County Code. Companies that intend to commercially manufacture cannabis must also apply to the Illinois Department of Agriculture for a cannabis infuser license. Holders of the cannabis cultivation center license are also permitted to manufacture cannabis products.

The following packaging guidelines must be complied with by licensed cannabis manufacturers:

1. All packaging of cannabis must be sealed, child-resistant, light-resistant, and compliant with the Poison Prevention Packaging Act.

2. All cannabis goods must have accurate labels that include the complete list of their contents, the volume of the product, and the “best before” date for use.

3. All cannabis packaging must include the following visible and legible warnings:

● The package contains cannabis, which could be habit-forming.

● Cannabis must be used only by adults who are 21 years old or older.

● Cannabis must not be used by women who are pregnant or breastfeeding.

● The use of cannabis can impair cognitive function.

● It is illegal to drive after using or ingesting any form of cannabis.

● It is illegal to sell any form of cannabis without the appropriate license.

● It is illegal to give away any form of cannabis.

● It is illegal to bring any form of cannabis out of the State of Illinois.

● It is illegal under federal law to possess or use any form of cannabis.

● It is illegal to possess or use any form of cannabis in some jurisdictions.

1. All cannabis packaging must not contain information that is false or misleading.

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

3. All cannabis packaging must not be made to look like any product marketed to minors.

4. All cannabis packaging must not encourage excessive cannabis usage.

5. All cannabis packaging must not contain the image of the cannabis leaf.

6. All cannabis packaging must not portray a minor using or ingesting any form of cannabis.

7. All cannabis packaging must not show any symbols that may mislead the public to believe that the state is endorsing it.

Is Cannabis Retail Legal in Sangamon County?

Yes, the sale of both medical and recreational adult-use cannabis by retail is legal in Sangamon County as stipulated by 410 ILS 130, 410 ILS 705, and the Sangamon County Code’s Chapter 5.32. Companies that intend to sell medical and recreational adult-use cannabis by retail must apply to the Illinois Department of Financial and Professional Regulation for a conditional adult-use cannabis dispensing organization license first. Only with that conditional license can they apply for an adult-use cannabis dispensing organization license.

The State of Illinois allows a licensee to hold a maximum of 10 licenses for the adult-use cannabis dispensing organization. In Sangamon County, Chapter 5.32 of the County Code limits the number of licensed adult-use cannabis dispensing organizations in unincorporated areas to two.

Licensed cannabis dispensing organizations, including those with conditional licenses, are only allowed to sell cannabis to patients and caregivers who are medical marijuana cardholders and adults aged 21 and older who must present a valid government ID that shows proof of age. They are permitted to sell cannabis in all its forms, like flowers, concentrate, oil, cannabis-infused edible goods, topicals, and others. All these must be packaged and labeled properly.

Registered patients are only allowed to purchase a maximum of 2.5 ounces of cannabis every 14 days from licensed cannabis dispensing organizations. Patients whose medical condition needs more than this must have their healthcare provider post a waiver on the online registry and this must be approved by the Illinois Department of Public Health.

Illinois State residents who are 21 years old and older are only allowed to purchase from licensed cannabis dispensing organizations a daily limit equivalent to the allowed possession limit. This means a maximum of 30 grams of cannabis flowers, five grams of cannabis concentrate, and 500 milligrams of tetrahydrocannabinol (THC) in cannabis products.

Visitors from outside Illinois are allowed to purchase from licensed cannabis dispensing organizations a daily limit equivalent also to their allowed possession limit which differs from residents. Visitors may purchase per day up to 15 grams of cannabis flowers, 2.5 grams of cannabis concentrate, and 250 milligrams of THC in cannabis products.

Is Cannabis Delivery Legal in Sangamon County?

No, the delivery of both medical and recreational adult-use cannabis to adults aged 21 and older or even to patients and caregivers who are medical marijuana cardholders is not legal in Sangamon County in compliance with 410 ILS 130, 410 ILS 705, and Sangamon County Code’s Chapter 5.32. Its legalization is being proposed by Senate Bill 2404, which was still pending as of January 2023.

Transporting cannabis between licensed cultivation centers, craft growers, infusers, dispensing organizations, and testing facilities is, however, permitted. This requires a cannabis transporter license granted by the Illinois Department of Agriculture. The cannabis must be packed in sealed containers before being transported. Each delivery must be recorded in the cannabis program's data system.

How to Get a Medical Marijuana Card in Sangamon County

Residents of Sangamon County must apply for a medical marijuana card online since the Illinois Medical Cannabis Patient Registry Program does not accept paper documents. Proof of state residency is required, and the patient must continue to live in Illinois while being a program participant. Having one of the qualifying debilitating medical conditions listed below is a major requirement:

• Causalgia

• Autism

• Agitation of Alzheimer’s disease

• HIV/AIDS

• Amyotrophic lateral sclerosis (ALS)

• Anorexia nervosa

• Cachexia/wasting syndrome

• Cancer

• Arnold-Chiari malformation

• Crohn’s disease

• Chronic inflammatory demyelinating polyneuropathy

• Chronic pain

• Hydromyelia

• Hydrocephalus

• CRPS (complex regional pain syndrome Type II)

• Dystonia

• Ehlers-Danlos syndrome

• Fibrous Dysplasia

• Hepatitis C

• Glaucoma

• Migraines

• Irritable bowel syndrome

• Interstitial cystitis

• Multiple Sclerosis

• Myasthenia Gravis

• Muscular Dystrophy

• Lupus

• Neuro-Bechet’s autoimmune disease

• Nail-patella syndrome

• Myoclonus

• Neuropathy

• Neurofibromatosis

• Post-Concussion Syndrome

• Osteoarthritis

• Traumatic brain injury

• Seizures (including those of Epilepsy)

• Post-Traumatic Stress Disorder (PTSD)

• Residual limb pain

• Parkinson’s disease

• Tourette syndrome

• Reflex sympathetic dystrophy

• Rheumatoid arthritis

• Polycystic kidney disease (PKD)

• Severe fibromyalgia

• Spinal cord disease

• Syringomyelia

• Spinal cord injury

• Spinocerebellar ataxia

• Sjogren’s syndrome

• Superior canal dehiscence syndrome

• Ulcerative colitis

• Tarlov cysts

• Terminal illness

The patient must be examined by a qualified healthcare practitioner who will make the diagnosis and then submit a certification online. The diagnosis must be made by any of the following:

• A physician

• A physician assistant (PA)

• A holder of the Advance Practice Registered Nurse-Full Practice Authority (APRN-FPA) license

• A holder of the Advance Practice Nurse (APN) license

• A holder of the Nurse Practitioner (NP) license

Instructions for applicants are on the Medical Cannabis Patient Registry Program website for various types of applications, as follows:

• Adult patients who do not require a caregiver

• Adult patients who require a caregiver

• Patients who are minors

• Terminal patients who are minors

• Terminal patients

• Caregivers

A maximum of three caregivers may be registered for each patient.

Residents of Illinois who are 21 years old and older who have a medical condition that requires an opioid prescription as certified by a licensed physician are eligible for the Opioid Alternative Pilot Program (OAPP) and also the Medical Cannabis Patient Registry Program. Taking cannabis is considered safer than taking opioids.

Upon approval of the Medical Cannabis Patient Registry Program application, the medical marijuana card appears in the online account of the patient or caregiver for printing. The digital copy may also be presented through a smartphone when purchasing cannabis, but this requires the additional presentation of another valid government photo ID card.

For assistance and inquiries, the following may be contacted:

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 Sangamon County?

In accordance with 410 ILS 130, cannabis sales statewide are taxed as follows:

• There is a cultivation privilege tax of 7% on the gross sales of craft growers and cultivation centers.

• There is a purchaser excise tax of 25%, based on the purchase price, on cannabis with a THC content of more than 35%.

• There is a purchaser excise tax of 10%, based on the purchase price, on cannabis with a THC content of 35% or less.

• There is a purchaser excise tax of 20%%, based on the purchase price, on cannabis-infused goods.

• There is a municipal cannabis retailers’ occupation tax that can be up to a maximum of 3% of the gross sales of cannabis retail businesses.

• There is a county cannabis retailers’ occupation tax that can be up to a maximum of 3.75% of the gross sales of cannabis retail businesses in unincorporated areas, a maximum of 3% in the municipalities of a home-rule county, and a maximum of 0.75% in the municipalities of a non-home-rule county.

Chapter 3.06 of the Sangamon County Code imposes the 3.75% retailers’ occupation tax in unincorporated areas of the county and 3% retailers’ occupation tax in municipalities in the county. Both are based on gross sales of recreational cannabis.

The Illinois Commission on Government Forecasting and Accountability’s February 2022 report showed that in 2021, sales of cannabis statewide reached over $1 billion. These sales resulted in tax revenues that surpassed those from alcohol sales. For the fiscal year 2022, the Illinois Department of Revenue projected cannabis tax revenues to be $253.5 million, increasing to $323.5 million in FY2023 and $375.5 million in FY2024.

The Effects of Cannabis Legalization on Crime Rates in Sangamon County

In Sangamon County and the State of Illinois, medical cannabis was legalized in 2014 and recreational cannabis for adults aged 21 and above was legalized in 2020.

According to the Illinois State Police annual crime report 2013, there were 1,056 drug crime arrests in Sangamon County per 100,000 population that year. According to the Illinois State Police annual crime report 2020, the number of drug crime arrests in Sangamon County per 100,000 population in 2019 decreased to 333.

On the FBI’s Crime Data Explorer page, there is no earlier data from the Sangamon County Sheriff's Office that can be used as a baseline. However, in 2021, there was just one arrest for marijuana possession. There were 81 DUI arrests in the same year.