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.

Other things REALTORS® should be aware of:

  1. 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.
  2. More than 11,000 patients have started the certification process so far.
  3. Registered patients who rent a property may not legally smoke indoors if the landlord has a smoke-free policy for the leased property.
  4. Registered patients will have alternative ways to use medical marijuana, such as tea or pills.
  5. Registered patients will not be allowed to legally use the product in public.
  6. The “Compassionate Use of Medical Cannabis Pilot Program Act” became effective Jan. 1, 2014 and is scheduled to sunset in Dec. 2017.
  7. Medical marijuana will be grown in “cultivation centers.”
  8. 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.
  9. Cultivation centers will be regulated by the Illinois Department of Agriculture.
  10. Cultivation centers must be at least 2,500 feet from day cares, schools and residential areas.
  11. Medical marijuana will be sold in licensed “dispensaries.”
  12. 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.
  13. Dispensaries will be regulated by the Illinois Department of Financial and Professional Regulation.
  14. Dispensaries must be a minimum of 1,000 feet away from schools, day cares and residential areas.
  15. Community zoning ordinances must not make unreasonable prohibitions of cultivation or dispensing.
  16. No permits have been issued yet for legal sales of medical marijuana in Illinois.

For more details, you can view the recorded webinar or listen to the audio-only version.