Subject Index Cannabis

The Department of Financial and Professional Regulation adopted amendments and new sections to the Cannabis Regulation and Tax Act, which establishes a regulatory framework for cannabis dispensaries.

On Sept. 19, 2024, the Illinois Supreme Court held that the odor of burnt cannabis alone is insufficient for probable cause to conduct a warrantless search.

The Cannabis Cultivation Privilege Tax imposes a 7 percent tax on the first sale of cannabis by a cultivator.

On Sept. 28, 2023, the Second District of the Illinois Appellate Court held police officers have probable cause to search a vehicle if they detect the smell of cannabis.

On Sept. 19, 2022, the Third District of the Illinois Appellate Court held that the smell of burnt cannabis alone is insufficient to establish probable cause to search a vehicle.

The Department of Financial and Professional Regulation adopted amendments to the Cannabis Regulation and Tax Act. The Department will now deny issuance or renewal of a cannabis dispensing license if any principal officer, board member, and/or person having a financial or voting interest of 5 percent or more in the applicant or licensee is delinquent in filing for taxes

The Illinois Department of Human Services amended its schedule of controlled substances. The amendment classifies dronabinol capsules as a “schedule III” substance and adds it to the list of Illinois controlled substances.

On May 20, 2021, the Illinois Supreme Court affirmed an Illinois Appellate Court decision holding that the Illinois Department of Agriculture (DOA) properly awarded Curative Health Cultivation, LLC (Curative) a permit for operating a medical cannabis cultivation center in Aurora.

The Illinois General Assembly amended the Counties Code by altering the County Cannabis Retailers’ Occupation Tax Law.

The Department of Financial and Professional Regulation adopted a new Part titled Cannabis Regulation and Tax Act, addressing the process to be implemented when ties exist for the last cannabis licenses available in a particular Bureau of Labor Statistics (BLS) region.

The Department of Commerce and Economic Opportunity adopted a rule implementing provisions of the Cannabis Regulation and Tax Act (410 ILCS 705).

The Illinois General Assembly enacted the Cannabis Regulation and Tax Act to legalize the recreational use of cannabis.