Des Plaines permits adult-use cannabis dispensaries in designated commercial zoning districts subject to City zoning rules and special use approval. Locations are restricted from being near schools, daycares, and other sensitive uses. The City levies a Municipal Cannabis Retailers' Occupation Tax of up to 3 percent on adult-use cannabis sales as authorized by the Illinois CRTA.
Following passage of the Illinois Cannabis Regulation and Tax Act, Des Plaines opted to permit adult-use cannabis dispensaries within the City rather than ban them. The City's zoning ordinance restricts cannabis dispensaries to specified commercial and industrial districts and typically requires special use approval through the Planning and Zoning Board. Distance separations from schools, daycare centers, religious institutions, and other dispensaries apply. State licensing through the Illinois Department of Financial and Professional Regulation (IDFPR) and the Department of Agriculture is required in addition to local zoning approval. Des Plaines has imposed the Municipal Cannabis Retailers' Occupation Tax (MCROT) authorized by 65 ILCS 5/8-11-22 at up to 3 percent on adult-use cannabis sales, in addition to the state's cannabis excise taxes which vary by THC potency. Cultivation centers, craft growers, infusers, and transporters are subject to separate state licensing and may not be permitted in Des Plaines without specific zoning provisions. The City's Department of Community and Economic Development reviews applications.
Operating a dispensary without a state license is a felony under Illinois law. Operating without local zoning approval violates Des Plaines's zoning ordinance and may result in code enforcement at (847) 391-5300 and revocation of any business license.
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