St. Claire County Cannabis – Is It Legal & Where To Buy 2024
- Illinois Cannabis
- St. Clair County Cannabis
Is Cannabis Cultivation Legal in St. Clair County?
Yes, cannabis cultivation is legal in St. Clair County. The State of Illinois legalized medical cannabis in 2014 through the Compassionate Use of Medical Cannabis Program Act (410 ILS 130). Cannabis for the recreational use of adults 21 years old and above was legalized on January 1, 2020 through The Cannabis Regulation and Tax Act (410 ILCS 705), now with updates.
Adult patients who are registered in the Medical Cannabis Patient Registry Program are allowed to cultivate cannabis at home under 410 ILCS 705. To do so, however, they are mandated to comply with the following rules:
They must have resided in the State of Illinois for a minimum of the last 30 days.
They must reside in the home where the cannabis is grown.
They must own the home or have the homeowner’s approval to grow cannabis.
They can grow a maximum of five cannabis plants that are more than five inches tall at home.
They can only possess a maximum of 30 grams of cannabis in addition to the live plants.
They must grow and store cannabis plants in an area that is not seen by the public.
They must keep the cannabis cultivation and storage areas locked against illegal access and burglary.
They are not allowed to sell cannabis or cannabis products or give these away.
They will be meted with penalties and their privilege for the home-growing of cannabis will be revoked if they violate the rules.
Companies that intend to grow medical and recreational cannabis for commercial purposes are required to apply for a craft grower license or a cultivation center license from the Illinois Department of Agriculture. They are allowed to have three licenses of a kind. Craft grower licensees are, however, not allowed to hold a cultivation center license.
The holder of the cultivation center license is permitted to grow their marijuana plant canopy up to 210,000 square feet. On the other hand, the holder of a craft grower license is only permitted to cultivate a canopy of flowering cannabis plants up to 5,000 square feet in size. The Department of Agriculture may raise the permitted canopy up to 14,000 square feet for craft growers if market demand calls for it.
Only approved facilities that are totally enclosed, concealed from public view, and secured to keep intruders out may grow cannabis that is intended for sale. The establishments are required to deploy a security system that is monitored round-the-clock and has been approved by the Illinois State Police.
Is Cannabis Manufacturing Legal in St. Clair County?
Yes, cannabis manufacturing is legal in St. Clair County under 410 ILS 130 and 410 ILS 705. To manufacture medical and recreational cannabis products legally, a company is required to acquire from the Illinois Department of Agriculture the cannabis infuser license. Licensed cannabis cultivation centers are also authorized to manufacture medical and recreational cannabis products.
Licensed cannabis manufacturers are obliged to adhere to the following packaging standards:
Cannabis packaging must be sealed, light-resistant, child-resistant, and comply with the Poison Prevention Packaging Act.
Cannabis products must be clearly labeled with the full list of ingredients, the amount of cannabis they contain, and the latest date they can be used.
The cannabis package must clearly and legibly display the following warnings:
The product contains cannabis that may develop dependencies.
Only adults over the age of 21 may use the cannabis product.
Women who are pregnant or nursing should not consume cannabis products.
Cannabis products may have a deleterious impact on cognitive function.
It is illegal to operate a vehicle after using or consuming cannabis products.
Individuals and unlicensed companies are prohibited from selling cannabis products.
Giving away cannabis and cannabis products is prohibited.
It is forbidden to take cannabis products outside of Illinois.
Under federal law, consuming or possessing cannabis products is prohibited.
In certain jurisdictions, it is unlawful to possess or use cannabis products.
The packaging for cannabis cannot contain any information that is inaccurate or deceptive.
Cannabis packaging that appeals to children is prohibited.
Cannabis cannot be sold in packaging that resembles those of goods marketed to children.
Cannabis packaging that encourages excessive marijuana use is forbidden.
Any representation of the marijuana leaf on cannabis packaging is prohibited.
It is illegal to depict a minor using marijuana on the packaging of cannabis or cannabis products.
Any symbol on the cannabis packaging that could lead customers to believe that the government is endorsing the cannabis product is prohibited.
Is Cannabis Retail Legal in St. Clair County?
Yes, cannabis retail is legal in St. Clair County as stipulated in 410 ILS 130 and 410 ILS 705. To sell medical and recreational cannabis products by retail legally, companies are required to acquire from the Illinois Department of Financial and Professional Regulation the conditional adult-use cannabis dispensing organization license followed by the adult-use cannabis dispensing organization license. They are allowed to have a maximum of 10 licenses of one kind.
Only persons 21 years of age and older with valid identification cards and patients and caregivers with valid medical marijuana cards are permitted to purchase cannabis from licensed dispensaries. Cannabis and all types of cannabis products, including edibles infused with cannabis, tinctures, oils, and ointments, are legal to purchase. Proper labeling is required for every cannabis product to be sold.
A maximum of 2.5 ounces of cannabis may be bought from licensed dispensaries by registered patients every 14 days. A waiver request must be made online by the patient’s healthcare provider and authorized by the Illinois Department of Public Health if the patient's medical condition necessitates more than this amount of cannabis.
Only a maximum of 30 grams of cannabis flowers, 5 grams of cannabis concentrate, and 500 milligrams of tetrahydrocannabinol (THC) per product are legal for adult residents of Illinois aged 21 and older to possess. Hence, they are not permitted to buy cannabis over these limits from licensed dispensaries.
Only a maximum of 2.5 grams of cannabis concentrate, 15 grams of cannabis flowers, and 250 milligrams of tetrahydrocannabinol (THC) in a product are permitted for state visitors to possess. These are also the maximum amounts they are permitted to buy from licensed dispensaries.
Is Cannabis Delivery Legal in St. Clair County?
Cannabis delivery is illegal in St. Clair County, whether to holders of medical marijuana cards or adults aged 21 and older. Senate Bill 2404 is proposing its legalization but is still pending.
Only licensed cultivation facilities, craft growers, infusers, dispensing businesses, and testing facilities are currently allowed to legally transport marijuana among themselves. The transfer can only be done through a holder of a cannabis transporter license obtained from the Illinois Department of Agriculture. Cannabis must always be delivered in sealed containers. Every delivery must be recorded in the department's data management system.
How to Get a Medical Marijuana Card in St. Clair County
Residents of St. Clair County must complete the online application for a medical marijuana card since the Illinois Medical Cannabis Patient Registry Program does not accept paper applications. The applicant is required to be a resident of Illinois and must continue to reside in the state to stay in the program.
Following are the debilitating medical conditions that qualify for registration, and the patient must be diagnosed with at least one of these:
- Autism
● Causalgia
● Agitation of Alzheimer’s disease
● Anorexia nervosa
● Amyotrophic lateral sclerosis (ALS)
● HIV/AIDS
● Cancer
● Arnold-Chiari malformation
● Cachexia/wasting syndrome
● Chronic inflammatory demyelinating polyneuropathy
● Chronic pain
● Crohn’s disease
● Hydrocephalus
● CRPS (complex regional pain syndrome Type II)
● Hydromyelia
● Ehlers-Danlos syndrome
● Fibrous Dysplasia
● Dystonia
● Glaucoma
● Hepatitis C
● Interstitial cystitis
● Migraines
● Irritable bowel syndrome
● Muscular Dystrophy
● Multiple Sclerosis
● Myasthenia Gravis
● Nail-patella syndrome
● Lupus
● Neuro-Bechet’s autoimmune disease
● Neurofibromatosis
● Myoclonus
● Neuropathy
● Traumatic brain injury
● Post-Concussion Syndrome
● Seizures such as Epilepsy
● Residual limb pain
● Osteoarthritis
● Post-Traumatic Stress Disorder (PTSD)
● Reflex sympathetic dystrophy
● Parkinson’s disease
● Tourette syndrome
● Severe fibromyalgia
● Rheumatoid arthritis
● Polycystic kidney disease (PKD)
● Spinal cord injury
● Spinal cord disease
● Syringomyelia
● Superior canal dehiscence syndrome
● Spinocerebellar ataxia
● Sjogren’s syndrome
● Ulcerative colitis
● Tarlov cysts
● Terminal illness
The patient must undergo an examination by a qualified healthcare practitioner who will submit the online certification of the diagnosis. The healthcare practitioners qualified to do so in addition to doctors are physician assistants (PA) and nurses who hold the following licenses:
Advance Practice Registered Nurse-Full Practice Authority (APRN-FPA)
Advance Practice Nurse (APN)
Nurse Practitioner (NP)
Instructions for the following types of applications may be found on the page of the Medical Cannabis Patient Registry Program:
● Adult patients who require a caregiver
● Adult patients who do not require a caregiver
● Terminal patients who are minors
A maximum of three caregivers may be registered for every patient who needs them.
State residents who require or already have an opioid prescription due to a medical condition are also eligible to enroll in the medical cannabis program and the Opioid Alternative Pilot Program (OAPP). They must be at least 21 years old and their medical condition must also be attested to by a licensed physician. Cannabis is considered to be a safer substitute for opioids.
Following approval of the application to the Medical Cannabis Patient Registry Program, the patient and the caregivers will be able to print out their medical marijuana cards from their online accounts. They are likewise permitted to display their digital medical marijuana card from their smartphones as long as they also show a legitimate physical identity card.
The following may be contacted for assistance or further inquiries:
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 St. Clair County?
According to 410 ILS 130, cannabis sales are subject to the following taxes:
A 7% cultivation privilege tax on the gross sales of craft growers and cultivation facilities
A 25% buyer excise tax, based on price, for cannabis with a THC level exceeding 35%
A 20% buyer excise tax, based on price, for cannabis-infused products.
A 10% buyer excise tax, based on price, for cannabis with a THC level of 35% or less
A maximum of 3% Municipal Cannabis Retailers’ Occupation Tax on gross sales of cannabis retail companies
A County Retailers’ Occupation Tax on cannabis retail companies’ gross sales, with a maximum of the following:
0.75% in municipalities of a non-home-rule county
3% in municipalities of a home-rule county
3.75% in unincorporated areas
The Illinois Commission on Government Forecasting and Accountability stated in its February 2022 report that the 2021 sales of cannabis statewide surpassed $1 billion, earning taxes surpassing those from alcohol sales. For the fiscal year 2022, cannabis tax revenues are expected by the Illinois Department of Revenue to total $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 St. Clair County
Medical cannabis was legalized in St. Clair County in 2014 and recreational cannabis was legalized in 2020 for adults aged 21 and older. According to the Illinois State Police annual crime report 2013, there were 1,000 drug crime arrests per 100,000 population in St. Clair County that year. This decreased to 313 drug crime arrests per 100,000 population in the county in 2020 as per the Illinois State Police annual crime report 2020.
On the FBI’s Crime Data Explorer page, the St. Clair County Sheriff's Department reports that in 2021, there were 13 arrests for drug abuse violations in the county, of which three were for marijuana possession. There were four DUI arrests.
