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Legalization Status

Marijuana (2)

Decriminalized since 2016

Medical Marijuana (1)

Medical since 2013

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No Legalization

Illinois State Governing Body Information

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  • Illinois Medical Cannabis: Pilot Program
  • Cannabis Laws: “General Provisions for the Compassionate Use of Medical Cannabis Pilot Act

2019 Marijuana Packaging Laws Update

Illinois’ Department of Agriculture has outlined licensing and regulations for the use of medical marijuana. In its regulations, the common or usual name for marijuana is cannabis.

The specific document is Title 8: Agriculture and Animals, Chapter I: Illinois Department of Agriculture Subchapter v: Licensing and Regulations, Part 1000 Compassionate Use of Medical Cannabis Pilot Program. The section number is Section 1000.420 Packaging and Labeling of Medical Cannabis and Cannabis-Infused Products

Packaging for Medical Marijuana

  • All packaging must conform to Louisiana’s packaging requirements of a medical cannabis container that is sealed and labeled
  • Packaging must be child-resistant
  • Packaging must be light-resistant
  • Packaging must meet the federal standards as laid out by the Poison Prevention Act

Labeling for Medical Marijuana

  • All labels must be printed in legible English
  • The label must indicate the name and P.O Box of the registered cultivation center where the product was manufactured
  • The common or the usual name for the product must be indicated on the label
  • The registered name of the cannabis product (as registered by the Department of Agriculture)
  • The unique serial number. The unique serial number must match the medical cannabis with the marijuana producer batch and the lot number (in order to facilitate warnings or recalls with the Department)
  • The date that the product was tested
  • The name and location of the independent testing laboratory (if the product is a sampled product)
  • The date of manufacture
  • The “use by” date
  • The quantity (in either ounces or grams) of cannabis in the product
  • The total milligram content of THC and CBD
  • If the medical marijuana is sampled, a pass or fail rating provided by the following qualifiers of the laboratory:
    • Microbiological analysis
    • Mycotoxin analysis
    • Pesticide analysis
    • Solvent residue analysis

Additional Labeling Requirements

Labels must also contain the following information in reference to cannabis quantities:

  • The minimum and maximum percentage (by weight of the following ingredients):
    • Δ9 – tetrahydrocannabinol (THC)
    • Tetrahydrocannabinolic acid (THCA)
    • Cannabidiol (CBD)
    • Any other ingredients other than cannabis
  • A label must contain a statement that the product is for medical use only and that the product cannot be resold or transferred to another person or company

Labels must not contain the following:

  • False or misleading statements
  • Any seal, flag, crest, coat of arms or other design that will mislead a qualified patient to think that the product has been endorsed, made or used by the State of Illinois or any of its agents or representatives
  • Cartoons or images other than the cultivation facility’s logo
  • Reasonable resemblance to any product available for consumption as a commercially available candy

Medical Cannabis-infused Products

All medical cannabis-infused products must comply with standards set out by the Illinois Food, Drug and Cosmetic Act. Labels must include the following information written in English:

  • All ingredients (in common or usual names) in the product- including colors, artificial flavors and preservatives listed in descending order from weight
  • The following statement: “This product was produced in a medical cannabis cultivation center not subject to public health inspection that may also process common food allergens”
  • Labeling pertaining to allergens- as required by the following statutes:
    • Federal Food, Drug and Cosmetics Act
    • Federal Fair Packaging and Labeling Act
    • Illinois Food, Drug and Cosmetic Act
  • The pre-mixed total weight (in ounces or grams) of usable cannabis in the product
  • A warning that the product is a medical cannabis-infused product and not a food. The warning must be distinctly and clearly legible on the front of the package
  • A clear and legible warning that warns that the product contains medical cannabis that is intended for qualified and registered medical cannabis patients only

Label requires Ingredients List with the following:

Labels must contain the following information in reference to cannabis quantities:

  • The minimum and maximum percentage (by weight of the following ingredients):
    • Δ9 – tetrahydrocannabinol (THC)
    • Tetrahydrocannabinolic acid (THCA)
    • Cannabidiol (CBD)
    • Any other ingredients other than cannabis
  • A label must also contain a statement that the product is for medical use only and that the product cannot be resold or transferred to another person or company

2018 Marijuana Packaging Laws Update

After being prohibited in 1931 as part of a national trend, Illinois passed the Cannabis Control Act in 1978, which allowed for medical marijuana. Medical cannabis in the Prairie State never became an actuality because IL Dept. of Human Services and the Illinois State Police never took proper action, and marijuana remained illegal within the state for some time.

The Compassionate Use of Medical Cannabis Pilot Program Act was passed in 2013. This Act legalized the use of cannabis medicinally in controlled circumstances. Like other states with medical cannabis, Ilinois requires a physician’s prescription and a state issued Medical Marijuana ID card. There are thirty specific medical conditions ranging from cancer to chronic pain that are legally allowed to be treated using cannabis, and more can be added by the state as time goes on. Applications for patients, cultivators, and dispensaries began being approved by Illinois in 2014. Patients are licensed under the Dept. of Public Health, while dispensaries wishing to sell medical cannabis in Illinois must put in an application with the Illinois Department of Financial and Professional Regulation (IDFPR).

The Compassionate Use of Medical Cannabis Pilot Program Act seeks to protect people that require the use of medical cannabis from legal consequences, so the Act also includes provisions for possession. Illinois medical marijuana patients are allowed to hold “an adequate supply” of 5 ounces of usable cannabis per month. While recreational use is still illegal, Illinois reduced punishment for less than 10 grams of cannabis to a small monetary fine instead of a misdemeanor in 2016.

2017 Marijuana Packaging Laws Update

The medical cannabis labeling and packaging guidelines for Illinois follow similar standards to other states in that they require lists of ingredients and allergens like in other food products. In fact, the medical cannabis product guidelines are modeled after food packaging and labeling regulations, with the added texts and warnings that the product contains cannabis. Since the medical marijuana program in Illinois is still in its infancy, these rules and regulations are always evolving, so it’s important to check in with the Illinois Medical Cannabis Pilot Program for those wishing to sell or manufacture medical marijuana products in the state.

Current Illinois marijuana packaging and labeling regulations include:

“ (3) All items shall be individually wrapped at the original point of preparation. The packaging of the medical cannabis infused product shall conform to the labeling requirements of the Illinois Food, Drug, and Cosmetic Act and shall include the following information on each product offered for sale or distribution:

(A) the name and address of the registered cultivation center where the item was manufactured;

(B) the common or usual name of the item;

(C) all ingredients of the item, including any colors, artificial flavors, and preservatives, listed in descending order by the predominance of weight shown with common or usual names;

(D) the following phrase: “This product was produced in a medical cannabis cultivation center not subject to public health inspection that may also process common food allergens.”;

(E) allergen labeling as specified in the Federal Food, Drug, and Cosmetics Act, Federal Fair Packaging and Labeling Act, and the Illinois Food, Drug and Cosmetic Act;

(F) the pre-mixed total weight (in ounces or grams) of usable cannabis in the package;

(G) a warning that the item is a medical cannabis infused product and not a food must be distinctly and clearly legible on the front of the package;

(H) a clearly legible warning emphasizing that the product contains medical cannabis and is intended for consumption by registered qualifying patients only; and

(I) date of manufacture and “use by date”. ”

All text taken from the General Provisions for the Compassionate Use of Medical Cannabis Pilot Act.

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