The Cannabis Regulation and Tax Act (the “Act”) was signed into law to legalize the cultivation, sale, possession, and consumption of cannabis in Illinois, beginning January 1, 2020. In addition, the Village regulates Cannabis Business Establishments. The Village’s Cannabis Business Establishments Village Ordinance and Submittal Requirements Fact Sheet appears to the left in the list of Related Pages, and please refer to the Village’s Cannabis Business requirements as summarized below. See also Section 156 Unified Development Ordinance (UDO) of the Village Code of Ordinances.

Quick Facts
Cannabis Dispensaries and Medical Cannabis Dispensaries are permitted in the B-1 and B-2 Districts only as Special Uses, requiring a public hearing and review by the South Elgin Planning and Zoning Commission and review and approval by the South Elgin Village Board.

  • These uses must meet minimum distance requirements of 250 feet from pre-schools, schools, day care centers, state licensed home day care centers, parks, and libraries. The Cannabis Business Establishment must be 100 feet from any principal residential building. In addition, state law requires that Cannabis Dispensaries be located at least 1,500 feet from the property line of an existing cannabis dispensary;

Cannabis Infusers, Processors, Cultivation Centers, Medical Cannabis Cultivation Centers, Transporters, and Craft Growers are permitted in the I-Industrial District only as Special Uses, requiring a public hearing and review by the South Elgin Planning and Zoning Commission and review and approval by the South Elgin Village Board. The following are prohibited:

  • Cannabis Business Establishments as accessory uses; the various cannabis business establishments must be primary uses;
  • Cannabis Business Establishments as temporary uses;
  • On-premise Cannabis Consumption Establishments and on-premise consumption; and
  • Drive-thru service.
The Village restricts the number of Cannabis Business Establishments in the Village limits by resolution. Currently, the Village Board allows one of each permitted Cannabis Business Establishment use.

On-site parking is required for Cannabis Business Establishments in compliance with Table 156.08B-A of the UDO.

Random and unannounced inspections by local law enforcement safety or health inspectors are permitted.

The Village of South Elgin imposes a Municipal Cannabis Retailers’ Occupation Tax of 3% of the gross receipts from cannabis sales (not applicable to the sales of cannabis purchased under the Compassionate Use of Medical Cannabis Program Act).