By Daniel Hinich | April 1, 2020
As of January 1, 2020, recreational marijuana became legal in the State of Illinois. But before you light up a fatty of “Blue Dream” or “OG Kush” it might be a good idea to find out what is allowed and what will put you on the wrong side of the law. What follows is a brief summary of what you can and cannot do in terms of cannabis use and possession to help you stay legit.
Who can use or possess cannabis?
Under the new Cannabis Regulation and Tax Act (410 ILCS 705 et seq.) persons 21 years old or older can buy, possess and use cannabis with certain restrictions. Sorry, just like alcohol; you cannot buy, possess or use cannabis if you are under 21 years old. You can only purchase cannabis from licensed sellers and only licensed sellers are authorized to sell cannabis. Also, the new law also makes distinctions in possession limits between Illinois residents and non-residents allowing Illinois residents to possess twice as much as non-residents. (410 ILCS 705/10-10).
Caution: If you are not a U.S. citizen remember that cannabis is still illegal under U.S. federal law. Please consult with your immigration attorney to learn about the negative impact cannabis use and possession can have on your status.
What can I possess and how much?
If you are 21 and an Illinois resident you can possess up to:
- 30 grams of the cannabis flower (weed)
- 5 grams of cannabis concentrate
- 500 mg of THC contained in a cannabis-infused product
If you are 21 and a non-resident you can possess up to:
- 15 grams of weed
- 2.5 grams of cannabis concentrate
- 250 mg of THC contained in a cannabis-infused
These limits are to be considered cumulative. (410 ILCS 705/10-10).
You cannot grow your own marijuana plants unless you are a qualified medical marijuana patient. Qualified medical marijuana patients can only grow up to 5 plants that are taller than 5 inches high. The plants must be grown in an enclosed, locked space away from public view and secured from unauthorized users. You must purchase seeds from a licensed dispensary and you cannot transfer the seeds or plants to any other person. (410 ILCS 705/10-5(b)).
Where can I use or possess cannabis?
You can use or possess cannabis in your own residence.
You cannot use or possess cannabis:
- In a public place
- Near anyone who is under the age of 21
- In a school
- On a school bus
- In a correctional facility
- In a motor vehicle, aircraft, watercraft or snowmobile (you can possess in closed container that is inaccessible)
- In a residence used as a child care center
- Anywhere where smoking is prohibited
(410 ILCS 705/10-35).
Any person, business or landlord can prohibit cannabis use or possession on private property. Colleges or universities can also prohibit cannabis use or possession.
Needless to say you cannot operate any motor vehicle, aircraft, watercraft or snowmobile while under the influence of cannabis. (625 ILCS 705/10-35).
Hopefully this short summary has shed some light of what is and what is not allowed for the recreational marijuana user under Illinois’ new cannabis law. Remember, if you are in doubt about whether what you are doing is legal it is best to hold off and consult an attorney.