Is Weed Legal in Illinois?

Recreational Cannabis Laws

In Illinois, recreational cannabis was legalized on January 1, 2020, under the Illinois Cannabis Regulation and Tax Act. This legislation allows adults aged 21 and older to legally possess, purchase, and consume cannabis for recreational purposes. The law aims to create a regulated market for cannabis, promote social equity, and generate tax revenue for the state. It also includes provisions for expunging prior cannabis-related convictions.

Purchase Limits

Adults can purchase up to 30 grams (approximately 1 ounce) of cannabis flower per transaction. For cannabis concentrates, the limit is 5 grams, and for edibles, individuals can buy up to 500 milligrams of THC per transaction. These limits are designed to ensure responsible consumption and to prevent over-purchasing.

Possession Limits

Individuals are allowed to possess up to 30 grams of cannabis flower in public. At home, residents can store up to 500 grams (approximately 17.6 ounces) of cannabis flower. For concentrates, the possession limit is 5 grams in public and 100 grams at home. Edibles can be possessed in public up to 500 milligrams of THC, with the same limit applying at home.

Home Growing

Illinois residents are permitted to grow cannabis plants at home, but only if they hold a valid medical cannabis card. Medical patients can cultivate up to 5 plants at a time, provided they are at least 21 years old. The plants must be kept in a secure location that is not visible to the public. Recreational users are currently not allowed to grow cannabis plants at home.

Where to Buy

As of 2023, there are over 100 licensed dispensaries operating throughout Illinois, providing access to recreational cannabis. Consumers can find dispensaries through the Illinois Department of Financial and Professional Regulation’s website or various cannabis-related apps. Dispensaries must comply with strict licensing requirements, including security measures, inventory tracking, and employee training to ensure safe and responsible sales.

Public Consumption

Public consumption of cannabis is generally prohibited in Illinois. This includes consumption in public parks, on sidewalks, and in vehicles. Cannabis use is also not allowed in places where tobacco smoking is banned, such as bars, restaurants, and hotels. Violating public consumption laws can result in fines ranging from $100 to $200. Some municipalities may have additional restrictions or designated areas for consumption.

Driving Laws

Driving under the influence of cannabis is illegal in Illinois. The state has established a per se limit of 5 nanograms of THC per milliliter of blood for drivers. Penalties for DUI can include fines, license suspension, and mandatory drug education programs. Additionally, Illinois law prohibits open containers of cannabis in vehicles, similar to alcohol regulations.

Important Restrictions

• Federal law implications: Cannabis remains illegal under federal law, which can create complications for users, especially regarding employment and travel.
• Crossing state/country borders: It is illegal to transport cannabis across state lines, even to states where it is legal. This includes both possession and distribution.
• Workplace drug testing: Employers in Illinois retain the right to enforce drug-free workplace policies, which may include drug testing for cannabis use.
• Landlord restrictions: Landlords may prohibit cannabis use on their properties, even if it is legal under state law. Tenants should review their lease agreements for specific terms related to cannabis use.