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Illinois proposes outdoor cannabis cultivation rules, excluding home growers


Illinois cannabis regulators propose allowing licensed cannabis companies to cultivate cannabis outdoors for the first time, a shift that reverses the state Department of Agriculture’s previous interpretation that the law’s requirement for an “enclosed, locked” facility prohibited outdoor growing.

The department proposes that licensed growers and craft growers may cultivate outside next to existing facilities, provided the growing area is enclosed by a continuous chain-link fence at least 8 feet high, topped with razor wire or security wire, and screened from public view. Outdoor-grown cannabis would only be permitted for extraction purposes, producing concentrates for edibles, vapes and oils, not flower for smoking.

Scott Redman, founder of the Illinois Independent Craft Growers Association, says the proposal would be a “game changer” for small growers, of whom only 31 of 85 licensed craft growers have been cleared to open for business due to high startup costs and financing difficulties. Redman tells the Tribune: “For those operating, it allows a faster and more economical route to expanding to the full (state limit of) 14,000-square-foot canopy. For the projects still in design, it can mean that one need not spend millions on lighting and HVAC if it is outside the budget.”

Researchers estimate outdoor cultivation could save up to 76% of the energy used in indoor growing. One study estimates the cannabis industry nationwide produces greenhouse gas emissions roughly equal to 10 million cars, or as much as all other crops combined.

The proposal follows court victories by Green Thumb Industries and Nature’s Grace and Wellness, and a lawsuit filed by Curaleaf Holdings subsidiary Compass Ventures, Inc. A Curaleaf spokesperson says company officials are still reviewing the proposed change, adding that their position has consistently been that “cultivation for any purpose that passes regulatory muster in enclosed, ambient environment structures is already permitted under the existing rules and statute.”

Tiffany Chappell Ingram, executive director of the Cannabis Business Association of Illinois, writes in an email that “outdoor cultivation raises real questions around security, cost and potential pricing and supply impacts that will affect current and future operators differently depending on their size, location and business model.”

The proposed rule does not extend outdoor growing rights to home growers. Illinois law currently limits home cultivation to registered medical cannabis patients growing up to five plants indoors. Madeline Scanlon, co-founder of High Focus Media and a home outdoor growing club, says: “Outdoor cannabis has been happening, and the sky isn’t falling.”

The proposed changes are subject to a 45-day public comment period before they can become final.



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