Understanding how medical marijuana laws affect properties where it is grown, sold and even used will be critical to Illinois REALTORS® as communities attempt to balance business interests, zoning, public health and state law.
That was the underlying message to Thursday’s IAR Legal Webinar, “Pot . . . Pourri,” led by Lisa Hartzler of Sorling Northrup Attorneys, and Betsy Urbance, IAR Legal Hotline Attorney.
- Doctors must certify their patients can benefit from using medical marijuana before the patient can apply to register with the Illinois Department of Public Health.
- More than 11,000 patients have started the certification process so far.
- Registered patients who rent a property may not legally smoke indoors if the landlord has a smoke-free policy for the leased property.
- Registered patients will have alternative ways to use medical marijuana, such as tea or pills.
- Registered patients will not be allowed to legally use the product in public.
- The “Compassionate Use of Medical Cannabis Pilot Program Act” became effective Jan. 1, 2014 and is scheduled to sunset in Dec. 2017.
- Medical marijuana will be grown in “cultivation centers.”
- The non-refundable application fee for a cultivation center is $25,000; fee for an annual permit, if one of the 22 being awarded, is $200,000.
- Cultivation centers will be regulated by the Illinois Department of Agriculture.
- Cultivation centers must be at least 2,500 feet from day cares, schools and residential areas.
- Medical marijuana will be sold in licensed “dispensaries.”
- The non-refundable application fee for a dispensary is $5,000; fee for an annual permit, if one of the 60 being awarded, is $25,000.
- Dispensaries will be regulated by the Illinois Department of Financial and Professional Regulation.
- Dispensaries must be a minimum of 1,000 feet away from schools, day cares and residential areas.
- Community zoning ordinances must not make unreasonable prohibitions of cultivation or dispensing.
- No permits have been issued yet for legal sales of medical marijuana in Illinois.