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

Is Cannabis Cultivation Legal in Will County?

Yes. On January 1, 2020, recreational cannabis use was legalized in Illinois. Cannabis cultivation is allowed in Will County. Aside from licensed facilities, cannabis can be homegrown by certified, qualifying persons registered under the Compassionate Use of Medical Cannabis Pilot Program. There are certain restrictions for homegrown cannabis, which include:

• The grower must own the residence or has permission from the landlord/owner.
• The grower is limited to growing a maximum of 5 plants that are five inches or taller.
• The grower shall take precautions to ensure that the cannabis plants are secure from unauthorized access.
• If the grower violates the regulations and terms of the Act, that person is liable for penalties, including the loss of home cultivation privileges.

According to the Compassionate Use of Medical Cannabis Pilot Program published by the Illinois Department of Agriculture, a cultivation center shall:

• Be sustained in a clean and orderly manner
• Have a storage area that provides adequate lighting, ventilation, sanitation, space, temperature, humidity, equipment, and security conditions for the production of cannabis;
• Have a separate area for storage for cannabis that is damaged, outdated, deteriorated, adulterated, or misbranded, whose packaging or containers have been opened or breached, until that cannabis is destroyed
• Be free from infestation by rodents, birds, insects or vermin of any kind
• Produce useable cannabis and cannabis-related products that are intended for human consumption only

The Compassionate Use of Medical Cannabis Pilot Program also says that cannabis cultivation must take place in an enclosed and locked space, out of public sight. 

Is Cannabis Manufacturing Legal in Will County?

Yes, cannabis manufacturing is legal in Will County. According to the Cannabis Control Act of Illinois, manufacturing includes the production, propagation, preparation, compounding, processing, or conversion of cannabis by extraction from substances of natural cannabis.

For cannabis business applications to be approved, Illinois Administrative Code 1000 says that they shall address the following criteria and measures:

• Suitability of the Proposed Facility (15%)
• Proposed Staffing Plan and Knowledge of Illinois Law Relating to Medical Cannabis (10%)
• Security Plan (20%)
• Cultivation Plan (30%)
• Product Safety and Labeling Plan (15%)
• Business Plan and Services to be Offered (10%)

The Compassionate Use of Medical Cannabis Pilot Program, Section 1000.405 says that any area within the cultivation center where cannabis plants will be manufactured into an edible form shall comply with the Sanitary Food Preparation Act, Illinois Food, Drug and Cosmetic Act, and Food Handling Regulation Enforcement Act. That being said, the Illinois Department of Public Health may at all times enter every room, building, basement, or premises occupied or used for the production, preparation, storage, and manufacture for sale of medical cannabis-infused products.

Is Cannabis Retail Legal in Will County?

Yes. According to Illinois’ Cannabis Regulation and Tax Act, The Department of Financial and Professional Regulation shall oversee and enforce the provisions of this Act relating to the registration of dispensing organizations. Section 15-25 of the Act says that the licensed dispensing organization shall comply with a physical location for retail storefront within 180 days from the date of the award. The location must not be within 1,500 feet of an existing dispensing organization. If the applicant is unable to find a suitable address within 180 days, the Department may extend the period for finding a store address for another 180 days.

According to the Cannabis Regulation and Tax Act, Section 1-5:

• persons will have to show proof of age before buying cannabis
• selling, transferring, or distributing cannabis to minors and other persons below 21 years old shall remain illegal
• legitimate, taxpaying businessmen, and not criminal actors, are permitted to conduct sales of cannabis
• driving under the influence of cannabis and operating a snowmobile or a watercraft under the influence of cannabis shall remain illegal
• cannabis sold in Ilinois will be tested, labeled properly, and subject to additional regulation to ensure that purchasers are well-informed and protected
• purchasers will be informed of any health risks associated with cannabis use, as concluded by evidence-based and peer-reviewed research

According to Illinois’ Cannabis Regulation and Tax Act, the approved forms of cannabis in the state include ointments, oil, edibles, tincture, and beverage.

Is Cannabis Delivery Legal in Will County?

Yes, cannabis delivery is legal among licensed cannabis businesses. According to The Cannabis Regulation and Tax Act, Section 40-25, all cannabis delivered by a transporting organization must be encoded into a data collection system and placed into a secure container for transport. These transporters are only allowed to deliver cannabis and cannabis-related products to a dispensing organization, a craft grower, a cultivation center, an infuser organization, or a testing facility. Transporters are also subject to random inspections by the Illinois State Police, the Department of Agriculture, and the Department of Public Health.

On the other hand, cannabis delivery for patients with medical marijuana cards is still not allowed. Senate Bill 2404, a law that would allow the delivery of medical and recreational cannabis to patients and consumers in Illinois, is still pending and not official. 

How to Get Medical Marijuana Card in Will County

To register for a medical marijuana card in Illinois, a qualifying patient must:

• Be at least 18 years old
• Be an Illinois resident at the time of application and must remain a resident during participation in the medical marijuana program
• Have a qualifying health condition
• Have a signed physician’s certification for medical cannabis use
• Complete and pass the fingerprint-based background check
• Not have been convicted of any crime or excluded offense 

You may fill out the application form issued by the Illinois Department of Public Health, pay a $100 application fee through credit card or check and make it payable to the Illinois Department of Public Health, then mail it to:

Illinois Department of Public Health

Division of Medical Cannabis

535 West Jefferson Street 

Springfield, Illinois 62761-0001

For questions, you may also contact the Illinois Department of Health by phone: 217-782-4977.

How Has Cannabis Legalization Impacted the Economy of Will County?

The legalization of recreational cannabis in Illinois somehow helped boost its economy. According to a February 2022 report by the Illinois Commission on Government Forecasting and Accountability, Illinois exceeded $1 billion in cannabis sales in 2021, generating more tax revenue than alcohol profit.

According to The Cannabis Regulation and Tax Act, cannabis sales are taxed at 10% for cannabis with THC (tetrahydrocannabinol) levels of 35% or below; 25% for cannabis with THC levels above 35%; and 20% for all cannabis-infused products such as edibles.

The Effects of Cannabis Legalization on Crime Rates in Will County

Statewide, the FBI crime database reported a decrease in Illinois’ DUI cases during 2018, 2019, and 2020, from 2,815, 392, and 231 arrests, respectively. Note that the legalization of recreational marijuana in the state took effect in 2020.

For the total drug-related cases in Will County from 2018 to 2020, data generated from the Illinois State Police annual crime report showed a significant decrease in the number of arrests from 1,287, 1,151, and 721, respectively.