Beginning January 1, 2020 recreational use of marijuana for adults 21 and over will become legal in the State of Illinois.  Private and personal consumption of cannabis cannot be restricted by local governments, however, the act does prohibit the use of cannabis in public places, schools and child care facilities, among other locations.  Municipalities may adopt and enforce local ordinances to regulate possession and public consumption of cannabis as long as the regulations and penalties are consistent with the Act signed into law June 25, 2019.

The act allows municipalities to decide whether to prohibit or allow recreational cannabis businesses from being located in their communities, subject to local zoning restrictions.  Local governments also have the option of authorizing the consumption of cannabis on-site, such as cafes and lounges, as well as regulate the location of craft growers, infusers and cultivation centers as permitted in the Act.  Some zoning regulations could include identified zoning districts where stores could operate, hours of operations, proximity to other land uses such as schools and parks, and a limit to the number of dispensaries allowed in the Village.

If allowed, the Village may impose a tax of up to 3% on the purchase price of the products.  There is currently no information of revenue projections, however, if a dispensary generated $1,000,000 in annual sales, that Village revenue would be close to $30,000.

MeetingDate

A public meeting will be scheduled for 7pm on Monday, September 16, 2019 at the Antioch Senior Center to discuss recreational marijuana in the Village of Antioch.

When will cannabis be legal in Illinois?

The Cannabis Regulation and Tax Act (CRTA), signed into law on June 25, 2019, will become effective January 1, 2020.

Can the consumption/possession of cannabis be banned by a local municipality like Antioch?

No.

What regulations can the Village place on marijuana?

The Village Board may choose to do any of the following:

  • Ban the sale of recreational cannabis within its jurisdiction
    • This ban could be for retail sale or consumption on premise.
  • Allow the sale of recreational cannabis, and may regulate any of the following:
    • number of dispensaries allowed
    • hours of operation
    • location restrictions within certain distances of schools, day care, etc.
    • location restrictions as far as zoning districts

Is there an age restriction on purchase and use of cannabis?

Yes.  You must be 21 or over to purchase or consume cannabis products.

Who can legally grow and sell recreational cannabis?

Only licensed businesses will be able to legally grow and sell cannabis. Medical cannabis patients will be allowed to grow up to five plants each within their home.

How will businesses be licensed?

The State of Illinois has full licensing authority for dispensaries through the Department of Financial Professional Regulation.  Other businesses, such as growers, will be licensed through the Illinois Department of Agriculture.

Will the use of cannabis be allowed in public spaces?

No.  The consumption of cannabis in public will be considered unlawful.  Penalties will be similar to those of public intoxication.

How will cannabis be taxed?

Sales will be taxed at 10% for cannabis with THC levels at or less 35%; 25% for cannabis with THC levels above 35%; and 20% for cannabis infused products such as edibles. This is in addition to standard state and local sales taxes. Additionally, municipalities may add a special tax of up to 3%.

How will Illinois law be affected by federal law?

Although cannabis remains illegal at the federal level, federal law enforcement has rarely interfered with individuals possessing the state regulated legal amount or businesses complying with state enforced programs. Any questions related to Federal or State regulations should be directed to the proper agencies.

How will the new law affect criminal records?

Illinois Governor JB Pritzker has stated that he will pardon past convictions for possession of up to 30 grams, with the attorney general going to court to delete public records of a conviction or arrest for the now legal amount. Regarding possession of 30-500 grams, an individual or a state’s attorney may petition the court to vacate or expunge the conviction, and the local municipalities have been given a schedule to do automatic expungements starting with the most recent charges first.