Marijuana was made recreationally legal in 2020 in Illinois, leading many residents to hit up their local dispensary and purchase the plant. However, they may still be wondering how much they can have at a time.

The amount of marijuana that a person can have depends on if they are from, or out of, the state, according to the State of Illinois . Residents are able to purchase much more product from an Illinois dispensary then people from out of the state can. 

Illinois residents are able to have 30 grams of cannabis flower, five grams of cannabis concentrate and no more than 500 milligrams of THC contained in a cannabis-infused product. Residents in the medical cannabis pilot program may have more than 30 grams of flower, but only if it is grown and secured in their residence under certain conditions. 

People from out-of-state can come into Illinois to visit a dispensary, but the amount that they will be able to purchase is greatly reduced. Non-Illinois residents can have 15 grams of cannabis flower, 2.5 grams of cannabis and no more than 250 milligrams of THC contained in a cannabis-infused product.

Key Points

• Marijuana in Illinois is legal for medical and recreational purposes.
• Illinois residents must be 21 years and above to possess or use marijuana without a prescription. Medical patients below 18 years can only purchase weed through their designated caregivers. 
• The marijuana possession limit in Illinois is 30 grams of cannabis flower at a time for recreational use. For medical use, registered patients or caregivers can only buy up to two and half ounces of weed within 14 days. 
• Illinois marijuana laws allow registered patients to cultivate up to five mature plants while recreational users are prohibited from growing cannabis at home. 
• Residents who violate marijuana laws in illinois often face charges ranging from one year jail term or $2500 fine to 7 years jail sentence or $100,000

Is Marijuana Legal in Illinois?

Yes. Illinois legalized medical marijuana for qualified medical patients in 2014, while recreational marijuana became legal in early 2020. It is the 11th state to legalize recreational cannabis and the first to do so by an act of legislation instead of a ballot initiative. The legislation, known as the Illinois Cannabis Regulation and Tax Act, followed HB 1438 approval by the Illinois General Assembly.

Adults aged 21 and older can purchase marijuana products in Illinois with or without medical marijuana cards from licensed marijuana dispensaries. There is, however, a legal limit to what they can possess per time, depending on marijuana form. Adults can have 5 grams of cannabis concentrate and about 1 ounce or 30 grams of cannabis flower on them. The legal possession limit of marijuana-infused products such as edibles, salty snacks, entrees, and tinctures is 500 milligrams of THC. Out-of-state visitors can only possess half of these amounts legally. In Illinois, licensed recreational marijuana dispensaries are not permitted to sell a mix-pack of cannabis concentrates, cannabis buds, and cannabis-infused products. It means that consumers can only buy each marijuana product separately.

With a doctor’s recommendation, medical patients registered with the state may legally consume medical marijuana per the Compassionate Use of Medical Cannabis Pilot Program Act. The qualifying medical conditions for medical marijuana in the state include Autism, Anorexia nervosa, cancer, chronic pain, glaucoma, HIV/AIDS, migraines, and hepatitis C. Others are Neuropathy, spinal cord disease, fibrous dysplasia, lupus, and post-traumatic stress (PTDS). Illinois permits medical marijuana patients to grow five plants at a time for personal use, provided they are in a locked facility. However, it prohibits non-patients from growing the plant at home, and anyone who violates this risks a civil penalty of $200.

Illinois Marijuana Laws in 2022

Since the legalization of recreational marijuana in Illinois in 2020, Illinois lawmakers have made several legislative moves to ensure the growth of the marijuana industry. There have been some notable setbacks that the 2021 House Bills are trying to fix and introduce more diversity to the state’s marijuana industry. The Illinois marijuana industry is currently being regulated by:

Cannabis Regulation Tax Act (410 ILCS 705/1-999)

This Act legalized the lawful use of cannabis for persons 21 years and older, and it stipulates that consumers be taxed like alcohol. Per this Act, consumers must show proof of age before purchasing marijuana or marijuana-infused products. It prohibits the selling, distributing, or transferring of cannabis to minors and persons under age 21 years. The Act emphasizes that persons who pay their taxes regularly are those that will have the permission to conduct sales of cannabis in the state. It also forbids driving under the influence of marijuana. The Cannabis Regulation Tax Act limits the adult legal possession of cannabis-infused products to no more than 500 milligrams of THC, 30 grams of cannabis flower, and 5 grams of cannabis concentrates. By this Act, persons under 21 years possessing cannabis are guilty of a civil law violation. It equally makes provisions for the preparation of cannabis-infused products and assigns the Illinois Department of Agriculture to regulate the production of these products. The Cannabis Regulation Tax Act created the Cannabis Task Force to ensure that marijuana is kept off the highways. It recommends arrest for DUI for any person caught driving with 5 nanograms or more of THC in their blood.

Cannabis Control Act (720 ILCS 550/1 , et seq.)

The General Assembly, through this Act, acknowledges the effects of marijuana and recognizes the potential damages that may result from using cannabis. They also realize that previous legislation enacted to prohibit the use of marijuana usually ends up attracting more Illinois residents to consume the drug instead of deterring its further use. In the general interest of the welfare of Illinois residents, this Act established a fair penalty system for commercial traffickers and large-scale marijuana vendors. It provides flexibility in the sentencing discretion of the courts. It also institutes penalties in a sharp progression depending on the number of substances containing marijuana involved in each case.

**Illinois Controlled Substances Act (720 ILCS 570/100 , et seq.,) **

The purpose of this legislation is to check the increasing incidence of drugs and dangerous substances abuse and the consequential health and welfare damages to Illinois residents. It created a control system over the use and distribution of controlled substances purposely to:

• Prevent the illegal and destructive abuse of controlled substances
• Recognize the functional variations between the several types of controlled substances, including marijuana, and allot corresponding degrees of control over each
• Limit access to controlled substances only to persons who have proved an appropriate sense of responsibility and have legitimate reasons to possess them
• Penalize illegal traffickers and profiteers of controlled substances heavily
• Provide law enforcement with the required resources to enforce this control system

Persons who violate this Act in terms of illicit possession, manufacture, possession with the intent to deliver, or delivery of controlled substances may suffer multiple convictions under each Section of the Controlled Substance Act.

The following are Illinois marijuana bills in the 2021 legislative sessions:

Marijuana Equity Licencing Bill (HB 1443)

HB 1443 was created to address the shortcomings in the 2019 Cannabis Regulation and Tax Act that legalized recreational cannabis, particularly at ensuring better racial diversity in Illinois’ marijuana licensing process. The legislation creates three marijuana lotteries to ensure equity for all persons including the brown and black community, otherwise referred to as social equity applicants.

According to this bill, social equity applicants deserve a decent chance to make a profit by getting access to lucrative business locations. They will not be subject to rules demanding marijuana sellers to cite their dispensaries at least 1,500 feet apart. This bill was sent to the Governor on June 26, 2021, for assent and eventual passage as law. On July 15, 2021, the Governor announced the signing of the bill, which is to take effect immediately. 

The first marijuana licensing lottery, with 55 available slots, is strictly for qualifying applicants. Another 55 licenses slot is exclusively for social equity applicants who have or whose close relatives have a prior marijuana conviction or who have spent at least ten years living in a “disproportionately impacted region.” A third licensing lottery will award an additional 75 licenses to “tied applicants,” or people who may have been granted a license but were unable to obtain one because their license application scores were tied with those of another applicant or applicants. In 2022, the Illinois Department of Financial and Professional Regulation(IDFPR) issued a total 185 dispensing licenses to qualified persons in line with the Bill. 

HB 3085

This bill seeks to legalize all cannabis possession in Illinois, irrespective of the amount. Under current state law, possession of fewer than 30 grams of marijuana flower is allowed and persons caught with more than this amount face penalties. HB 3085 aims to remove all existing criminal penalties for possession of any amount of marijuana and automatically expunge criminal records for persons convicted of similar offenses. The bill passed the second reading on April 21, 2021, on the House floor and was re-referred to the Rules Committeeon April 23, 2021.

HB 4116

Although introduced in 2021, this bill was eventually passed by the house on March 3, 2022. The purpose of the Bill is to defend cannabis users against workplace discrimination. According to the legislation, an employer cannot reject a job application or fire an employee because the results of a drug test showed that the applicant has THC in their system.

In its revised form, the Bill would safeguard employees who use legal products i.e., legal marijuana away from their workplace during off-duty times and while they are not on call. The measure would neither add any new protections to the state’s workers’ compensation statute nor provide any rights for employees of organizations that are contractors for the federal Department of Transportation. The Bill is currently assigned to the Senate Executive Committee.

Timeline of Cannabis Law in Illinois

• 1931: Adult-use marijuana became illegal in Illinois as similar legislation spread in different states across the US.
• 1978: Successful passage of the Cannabis Control Act of 1978, which permits marijuana for medical patients. However, the Act could only be in effect through approval and further regulations from two major state agencies: the Illinois Department of Human Services and Illinois State Police. Unfortunately, these agencies provided no regulation making the Act ineffective. 
• 2013: Three decades after the 1978 Act, Illinois legislators passed the Medical Cannabis Pilot Program Act (MCPP) of 2013. Signed by the Governor in August 2013, the Act legalized medical marijuana for qualified patients in tightly regulatory circumstances. With the Act, which came into effect on January 1, 2014, Illinois became the 20th state with an active legal framework for medical cannabis.
• 2016: Introduction and approval of Senate Bill 2228 to decriminalize simple marijuana possession. Approved in July 2016, the new law was designed to reduce penalties for cannabis possession below 10 grams from misdemeanor charges to a $100–200 fine. The law, which became effective after the Governor’s approval, also establishes the blood THC limit for marijuana DWI at 5 nanograms/ml.
• 2018: Introduction and approval of the Illinois Hemp Act of 2018, which allows hemp/CBD cultivation, processing, and sales. After approval, individuals who meet specific criteria as set by the law received hemp licenses and this had a positive impact on the Illinois cannabis market.
• 2019: Illinois Governor signs the Cannabis Regulation and Tax Act, which legalizes adult-use marijuana. The Act, which permits up to 30 grams of recreational weed, went into effect in January, 2020.
• 2020: The Governor issued a state pardon for more than 9000 persons with low-level marijuana conviction history. In addition to that, the executive order will expunge 450,000+ non-felony marijuana-related arrest records.

Federal Legalization of Weed in 2022

Marijuana is still illegal in the US despite the legal status in Illinois and other individual states. However, US citizens can possess and cultivate low-THC cannabis (cannabis with not more than 0.3% THC) like hemp and CBD oil thanks to the 2018 Farm Bill. The US House of Representatives and Senate are also working on different bills to legalize marijuana use across the country. The Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act of 2019 introduced by the legislators aim to: 

• Change all cannabis references in the federal law to ‘marijuana.’ 
• Remove cannabis from drug schedulesunder the Controlled Substances Act of 1970.
• Remove federal criminal charges related to cannabis possession. 
• Expunge past marijuana conviction history.
• Allow other US states that have legalized cannabis to continue without federal restrictions.
• Prevent marijuana-related immigration charges and punishments for non-citizens.
• Stop wrong discrimination of marijuana consumers who qualify for government benefits, federal jobs, and school loans.
• Place a 5% excise tax on marijuana sales; the revenue generated through this tax will be used to support communities that have been negatively impacted by the war on drugs.

The MORE Act of 2020 passed the House in 2020 but failed to receive any vote from the Senators. Another MORE Act also passed the House in 2022 and it awaits approval from the Senate. While the legislators are working to legalize adult-use marijuana, the recent executive pardon by the US President has also increased the prospect of legalization. In October 2022, President Biden issued an executive order that will pardon individuals with marijuana conviction history.

Illinois Marijuana LimitationsIllinois CannabisIllinois Marijuana LawsLimitations

What Happens if I am Under 21 and Caught Carrying or Using Cannabis?

Illinoisans may ask, “how much cannabis can I legally have?” Adults 21 years and older can possess and use up to 30 grams of cannabis for recreational purposes. Similarly, adults and minors can carry and use cannabis for medicinal purposes provided they have a debilitating medical illness and are participating in the Medical Cannabis Patient Program. Except for children authorized to use medical marijuana, Illinois prohibits persons under 21 years from using or carrying cannabis.Minors exposed to cannabis will likely end up abusing the drug. Their brains are not fully developed, and using cannabis without supervision can do them some harm. According to findings by the National Institute on Drug Abuse (NIDA), minors using cannabis can grow into having serious issues with coordination, learning, decision making, and balance. Currently, possession of cannabis by a minor in Illinois is a civil offense punishable by a fine of between $100 and $200. For violation occurring in a motor vehicle, a minor risks driver’s license revocation or suspension.Generally, Illinois has no tolerance for minors carrying or using controlled substances, including marijuana. The Illinois court system focuses more on rehabilitation than severe penalties for those under 21 years caught using or possessing cannabis and other scheduled substances. As such, Illinois punishes erring under-21 cannabis users by doing the following:Place them on probation in a way that they will be required to attend check-in with a probation officer while attending school or work (for minors who are of legal working age). They will also participate in community service during the probation periodCounseling them and their parents or guardians on drugsHave them complete a diversion programHowever, in severe cases of minors’ marijuana use or possession, they may be sent to juvenile detention facilities. Sending them to juvenile homes or sentencing them to foster care and home confinement is another punishment for critical cases or repeat violations of cannabis possession.Where is it Legal to Smoke Weed in Illinois?Weed is legal in Illinois, but this does not give anyone the right to consume it anywhere. Certain restrictions limit where and how state residents or visitors (tourists) can use cannabis. Illinoisans seeking answers to the question, “where can I use cannabis?” should know they can only consume it in private residences. The state prohibits recreational users from smoking weed in public areas where they can be observed by other people and places designated for smoking tobacco products. However, local governments are permitted to decide whether to allow on-site consumption at licensed dispensaries within their jurisdictions.Illinois also forbids people from smoking weed in a moving or parked motor vehicle. It is also illegal to consume marijuana in the presence of persons under the age of 21 or on school grounds. Smoking weed on federal properties in Illinois is also forbidden because marijuana remains illegal on the national level.Generally, Illinois bans smoking weed in places prohibited under the Smoke-Free Illinois Act. Such places include:Hospitals, health care facilities, health care clinics, child care, adult care facilities, and other social service care centersBars, restaurants, taverns, and gaming facilitiesLobbies, reception areas, hallways, meeting rooms, waiting rooms, break rooms, and other common-use areasPrivate clubs, auditoriums, enclosed or partially enclosed sports arenas, bowling alleys, skating rinks, convention facilities, and polling placesPublic buildings, offices, elevators, restrooms, theaters, museums, libraries, schools, commercial establishments, enclosed shopping centers, and retail storesCan I Carry Cannabis Around With Me?Yes, but there are limits to the amount of marijuana anyone can carry on around in Illinois. Adults 21 years and older can carry a maximum of 5 grams of concentrates, 30 grams of marijuana, and 500 milligrams of THC in marijuana edibles legally. Out-of-state visitors can possess only half of these amounts.Can I Leave Illinois with Cannabis?It is illegal for anyone, resident or out-of-state visitor, to leave Illinois with cannabis by any method of transportation. While the federal government prohibits crossing state lines with marijuana because it is yet to legalize it on the national level, it is equally a violation of Illinois law to cross the state border with any form of cannabis product despite weed legalization. Typically, anyone who leaves the state with weed will most likely break multiple laws- Illinois’ and the destination state’ or even federal law. All cannabis bought in Illinois must be used and stored within the boundaries of the state. Even tourists who bought cannabis legally cannot leave Illinois with them.Although the federal authorities already turned a blind eye to Illinois’ marijuana legalization, they are still in charge of enforcing the laws where they have jurisdiction, including interstate commerce. Consequently, state borders where most interstate trading happens are under the jurisdiction of the federal government. Per Section 812 of Title 21 in the U.S. Code, the federal government considers cannabis a controlled substance. Hence, moving it from Illinois to other states is illegal and a federal offense. Moreso, not all the states in the U.S. have legalized cannabis, so leaving Illinois with weed to such places will be a crime on any occasion.It is also a bad idea for anyone to attempt to leave Illinois with cannabis air. The routine screenings by the Transportation Security Administration (TSA) focus primarily on detecting potential security threats to passengers and aircraft. Because marijuana possession is prohibited on the federal level, the TSA workers will refer anyone caught trying to leave Illinois with the substance to law enforcement.Will Cannabis Affect My Driving Record in Illinois?Yes. It is illegal to drive under the influence of cannabis in Illinois, and a conviction for this offense stays on an offender’s driving record. A driver can get a DUI without actually being high. Typically, THC metabolites remain in the blood for some hours or days after using cannabis. Unfortunately, one can be charged with a DUI in Illinois even if they only used marijuana legally (especially medical cannabis). Illinois has strict DUI laws, and as such, persons who are new in the state must ensure to acquaint themselves with the driving laws before operating a motor vehicle.A DUI of marijuana in Illinois is a misdemeanor offense that comes with varying punishments. The criminal penalties for a person convicted of a DUI of cannabis for a first offense may include:Suspension or revocation of driver’s licenseSuspension of vehicle registrationsFees to replace licenseVarious fines and feesLikelihood of probation or jail timeDUI on offender’s criminal recordThese punishments impact offenders’ driving records and may have other severe consequences on such persons’ other records. Medical patients who drive around with open containers of marijuana in a motor vehicle risk losing driving privileges and may have their medical cannabis cards revoked.Can I Get a DUI if I Drive While I am High?Yes. According to 625 ILCS 5/11-501(a)(3)-(4), it is illegal for anyone to drive or operate a motor vehicle if under the influence of any drug or intoxicating compound to a level that renders them incapable of safely driving. Under state law, a person can be charged with DUI for operating a motor vehicle while under the influence of any controlled substance, including cannabis. The chemical component in marijuana responsible for the psychological (high) effects when consumed is Tetrahydrocannabinol (THC). Generally, when a person gets high from THC, they lack concentration, coordination, as well as suffer impaired vision and a temporary loss of memory. These, combined, usually impact a person’s ability to drive safely.Despite the legalization of medical marijuana in Illinois and the permission to use medical cannabis to treat debilitating medical conditions, drivers are not spared for DUI of marijuana. However, the mere presence of cannabis in a person’s bloodstream is not a ticket for charging them with DUI. It takes a THC blood concentration of 5 nanograms or more per milliliter of blood to get charged with DUI in Illinois. Although registered medical marijuana patients in the state are exempt from the 5 nanograms maximum, they can still get charged with DUI of marijuana if using it intoxicates them and affects their driving pattern.In Illinois, anyone who has a driver’s license and drives a motor vehicle on the highways technically gives their consent for chemical tests of urine, blood, or breath to determine the level of any intoxicating compound in their blood. When law enforcement pulls a person over for suspicion of a marijuana DUI, such a driver is first subjected to a field sobriety test. These tests check for a driver’s memory, balance, and vision but are specific to alcohol and may not thoroughly determine whether they are high on cannabis. However, law enforcement can request a driver to submit to a blood or urine test at the appropriate lab to determine the nana-liter level of THC if they feel strongly that such a person is under the influence of marijuana. Per 625 ILCS 5/11-501.6, persons who refuse to submit to this test risk driver’s license suspension or revocation. Any proof of refusal is admissible in any criminal or civil action arising from that incident (625 ILCS 5/11-501.2(c)(1)).Per 625 ILCS 5/11-501 (c)(1), (c)(2), and (d), a driver who fails a chemical test for THC levels in Illinois is charged with DUI and faces the following penalties:First OffenseLoss of driver’s license for between six months and one yearFine of up to $2,500Possible jail time of up to one yearSecond OffenseBetween three and five years loss of licenseFine of up to up to $2,500Mandatory five days jail time or 30-day community service (for a second offense within a 5-year time frame)Substance abuse counselingA possible prison term of up to one yearThird and Subsequent OffenseUp to 6 years loss of driving privilegesFine of up to $10,000Possible jail time of up to 3 yearsMandatory drug treatmentCan I Buy Marijuana in Illinois?Anyone 21 years or older can buy cannabis and marijuana products in Illinois, but they must possess a valid government-issued ID. Such an ID must also display the person’s age. Currently, licensed dispensaries in the state accept cash and debit cards as payment methods. Checks or credit cards are not accepted as payment means at any Illinois marijuana dispensary. Illinois marijuana dispensaries offer a full range of cannabis products from flowers and edibles to oils, concentrates, vapes, oral sprays, tinctures, topicals, and capsules.Anyone who purchases cannabis in Illinois and carries it in their car must keep it in a secured, sealed container where it is inaccessible to other people while driving. Experts recommend keeping it in the car trunk away from unauthorized access. Persons under 21 years in need of medical marijuana must have a medical marijuana card. They can get a medical marijuana card by obtaining a certificate from the doctor treating them for a debilitating condition and then apply online through the IDPH website. Generally, the marijuana that medical patients buy in Illinois is cheaper than that purchased by recreational users. They can also possess a higher amount of cannabis than recreational consumers.Where Can I Buy Marijuana in Illinois?Medical marijuana and recreational marijuana are legal in Illinois, but many Illinoisans still ask, “where can I buy cannabis?” Illinois licensed marijuana dispensaries are authorized to sell cannabis and cannabis-infused products to eligible persons. However, these dispensaries have a legal obligation to prioritize consumers with medical marijuana needs. The Illinois Department of Financial and Professional Regulation (IDFPR) licenses dispensaries and performs other oversight functions on dispensing organizations. Illinois allows licensed marijuana vendors to operate between the hours of 6:00 a.m. and 10:00 p.m. daily.How Much is Marijuana in Illinois?Many reports have it that marijuana prices in Illinois are some of the highest in the United States. The average cost of cannabis in the state is $16 per gram. However, factors such as demand, supply, and tax rates determine the prices of cannabis. Also, the cost of recreational marijuana is usually higher than medical marijuana. Medical cannabis in a licensed dispensary costs $15 per gram, while recreational users pay $21 per gram for the same quantity of cannabis.How Much Cannabis Can I Legally Have?Illinois law permits eligible persons to possess a limited amount of cannabis on them per time. Worthy to state is that these amounts are a cumulative aggregate of concentrates, cannabis flowers, and cannabis-infused products up to the legal limit for each category of marijuana form. Legally, Illinois residents can carry up to 5 grams of concentrates, 30 grams of marijuana flower, and 500 milligrams of marijuana-infused products. Out-of-state residents can only possess half of these amounts. Also, medical marijuana patients can grow up to five plants for personal use at home, but recreational users are prohibited from doing so. Marijuana users can transport it in their motor vehicles but must carry it in a sealed and secured container.Where is Weed Legal?StateLegal StatusMedicinalRecreationalAlabamaCriminalizedNoNoAlaskaDecriminalizedYesYesArizonaDecriminalizedYesYesArkansasPartly DecriminalizedYesNoColoradoDecriminalizedYesYesConnecticutPartly DecriminalizedYesYesDelawarePartly DecriminalizedYesYesDistrict of ColumbiaDecriminalizedYesYesFloridaPartly DecriminalizedYesNoGeorgiaPartly DecriminalizedAccepts only CBD OilNoHawaiiPartly DecriminalizedYesYesIdahoDecriminalizedNoNoIllinoisDecriminalizedYesYesIndianaPartly DecriminalizedAccepts only CBD OilNoIowaPartly DecriminalizedAccepts only CBD OilNoKansasDecriminalizedNoNoKentuckyPartly DecriminalizedAccepts only CBD OilNoLouisianaPartly DecriminalizedYesNoMaineDecriminalizedYesYesMarylandPartly DecriminalizedYesYesMassachusettsDecriminalizedYesYesMichiganDecriminalizedYesYesMinnesotaPartly DecriminalizedYesYesMississippiPartly DecriminalizedYesYesMissouriPartly DecriminalizedYesYesMontanaDecriminalizedYesYesNebraskaDecriminalizedNoYesNevadaDecriminalizedYesYesNew HampshirePartly DecriminalizedYesYesNew JerseyDecriminalizedYesYesNew MexicoPartly DecriminalizedYesYesNew YorkDecriminalizedYesYesNorth CarolinaDecriminalizedNoYesNorth DakotaPartly DecriminalizedYesYesOhioPartly DecriminalizedYesYesOklahomaPartly DecriminalizedYesNoOregonDecriminalizedYesYesPennsylvaniaPartly DecriminalizedYesNoRhode IslandPartly DecriminalizedYesYesSouth CarolinaDecriminalizedNoNoSouth DakotaDecriminalizedYesYesTennesseeDecriminalizedNoNoTexasPartly DecriminalizedAccepts only CBD OilNoUtahPartly DecriminalizedYesNoVermontDecriminalizedYesYesVirginiaPartly DecriminalizedAccepts only CBD OilYesWashingtonDecriminalizedYesYesWest VirginiaPartly DecriminalizedYesNoWisconsinPartly DecriminalizedAccepts only CBD OilNoWyomingDecriminalizedNoNoIN THIS SECTIONMarijuana LawsMedical MarijuanaMarijuana BusinessCBDAbout usPrivacy policyTerms of useContact Us

Marijuana LawsLimitationsWhat Happens if I am Under 21 and Caught Carrying or Using Cannabis?Illinoisans may ask, “how much cannabis can I legally have?” Adults 21 years and older can possess and use up to 30 grams of cannabis for recreational purposes. Similarly, adults and minors can carry and use cannabis for medicinal purposes provided they have a debilitating medical illness and are participating in the Medical Cannabis Patient Program. Except for children authorized to use medical marijuana, Illinois prohibits persons under 21 years from using or carrying cannabis.Minors exposed to cannabis will likely end up abusing the drug. Their brains are not fully developed, and using cannabis without supervision can do them some harm. According to findings by the National Institute on Drug Abuse (NIDA), minors using cannabis can grow into having serious issues with coordination, learning, decision making, and balance. Currently, possession of cannabis by a minor in Illinois is a civil offense punishable by a fine of between $100 and $200. For violation occurring in a motor vehicle, a minor risks driver’s license revocation or suspension.Generally, Illinois has no tolerance for minors carrying or using controlled substances, including marijuana. The Illinois court system focuses more on rehabilitation than severe penalties for those under 21 years caught using or possessing cannabis and other scheduled substances. As such, Illinois punishes erring under-21 cannabis users by doing the following:Place them on probation in a way that they will be required to attend check-in with a probation officer while attending school or work (for minors who are of legal working age). They will also participate in community service during the probation periodCounseling them and their parents or guardians on drugsHave them complete a diversion programHowever, in severe cases of minors’ marijuana use or possession, they may be sent to juvenile detention facilities. Sending them to juvenile homes or sentencing them to foster care and home confinement is another punishment for critical cases or repeat violations of cannabis possession.Where is it Legal to Smoke Weed in Illinois?Weed is legal in Illinois, but this does not give anyone the right to consume it anywhere. Certain restrictions limit where and how state residents or visitors (tourists) can use cannabis. Illinoisans seeking answers to the question, “where can I use cannabis?” should know they can only consume it in private residences. The state prohibits recreational users from smoking weed in public areas where they can be observed by other people and places designated for smoking tobacco products. However, local governments are permitted to decide whether to allow on-site consumption at licensed dispensaries within their jurisdictions.Illinois also forbids people from smoking weed in a moving or parked motor vehicle. It is also illegal to consume marijuana in the presence of persons under the age of 21 or on school grounds. Smoking weed on federal properties in Illinois is also forbidden because marijuana remains illegal on the national level.Generally, Illinois bans smoking weed in places prohibited under the Smoke-Free Illinois Act. Such places include:Hospitals, health care facilities, health care clinics, child care, adult care facilities, and other social service care centersBars, restaurants, taverns, and gaming facilitiesLobbies, reception areas, hallways, meeting rooms, waiting rooms, break rooms, and other common-use areasPrivate clubs, auditoriums, enclosed or partially enclosed sports arenas, bowling alleys, skating rinks, convention facilities, and polling placesPublic buildings, offices, elevators, restrooms, theaters, museums, libraries, schools, commercial establishments, enclosed shopping centers, and retail storesCan I Carry Cannabis Around With Me?Yes, but there are limits to the amount of marijuana anyone can carry on around in Illinois. Adults 21 years and older can carry a maximum of 5 grams of concentrates, 30 grams of marijuana, and 500 milligrams of THC in marijuana edibles legally. Out-of-state visitors can possess only half of these amounts.Can I Leave Illinois with Cannabis?It is illegal for anyone, resident or out-of-state visitor, to leave Illinois with cannabis by any method of transportation. While the federal government prohibits crossing state lines with marijuana because it is yet to legalize it on the national level, it is equally a violation of Illinois law to cross the state border with any form of cannabis product despite weed legalization. Typically, anyone who leaves the state with weed will most likely break multiple laws- Illinois’ and the destination state’ or even federal law. All cannabis bought in Illinois must be used and stored within the boundaries of the state. Even tourists who bought cannabis legally cannot leave Illinois with them.Although the federal authorities already turned a blind eye to Illinois’ marijuana legalization, they are still in charge of enforcing the laws where they have jurisdiction, including interstate commerce. Consequently, state borders where most interstate trading happens are under the jurisdiction of the federal government. Per Section 812 of Title 21 in the U.S. Code, the federal government considers cannabis a controlled substance. Hence, moving it from Illinois to other states is illegal and a federal offense. Moreso, not all the states in the U.S. have legalized cannabis, so leaving Illinois with weed to such places will be a crime on any occasion.It is also a bad idea for anyone to attempt to leave Illinois with cannabis air. The routine screenings by the Transportation Security Administration (TSA) focus primarily on detecting potential security threats to passengers and aircraft. Because marijuana possession is prohibited on the federal level, the TSA workers will refer anyone caught trying to leave Illinois with the substance to law enforcement.Will Cannabis Affect My Driving Record in Illinois?Yes. It is illegal to drive under the influence of cannabis in Illinois, and a conviction for this offense stays on an offender’s driving record. A driver can get a DUI without actually being high. Typically, THC metabolites remain in the blood for some hours or days after using cannabis. Unfortunately, one can be charged with a DUI in Illinois even if they only used marijuana legally (especially medical cannabis). Illinois has strict DUI laws, and as such, persons who are new in the state must ensure to acquaint themselves with the driving laws before operating a motor vehicle.A DUI of marijuana in Illinois is a misdemeanor offense that comes with varying punishments. The criminal penalties for a person convicted of a DUI of cannabis for a first offense may include:Suspension or revocation of driver’s licenseSuspension of vehicle registrationsFees to replace licenseVarious fines and feesLikelihood of probation or jail timeDUI on offender’s criminal recordThese punishments impact offenders’ driving records and may have other severe consequences on such persons’ other records. Medical patients who drive around with open containers of marijuana in a motor vehicle risk losing driving privileges and may have their medical cannabis cards revoked.Can I Get a DUI if I Drive While I am High?Yes. According to 625 ILCS 5/11-501(a)(3)-(4), it is illegal for anyone to drive or operate a motor vehicle if under the influence of any drug or intoxicating compound to a level that renders them incapable of safely driving. Under state law, a person can be charged with DUI for operating a motor vehicle while under the influence of any controlled substance, including cannabis. The chemical component in marijuana responsible for the psychological (high) effects when consumed is Tetrahydrocannabinol (THC). Generally, when a person gets high from THC, they lack concentration, coordination, as well as suffer impaired vision and a temporary loss of memory. These, combined, usually impact a person’s ability to drive safely.Despite the legalization of medical marijuana in Illinois and the permission to use medical cannabis to treat debilitating medical conditions, drivers are not spared for DUI of marijuana. However, the mere presence of cannabis in a person’s bloodstream is not a ticket for charging them with DUI. It takes a THC blood concentration of 5 nanograms or more per milliliter of blood to get charged with DUI in Illinois. Although registered medical marijuana patients in the state are exempt from the 5 nanograms maximum, they can still get charged with DUI of marijuana if using it intoxicates them and affects their driving pattern.In Illinois, anyone who has a driver’s license and drives a motor vehicle on the highways technically gives their consent for chemical tests of urine, blood, or breath to determine the level of any intoxicating compound in their blood. When law enforcement pulls a person over for suspicion of a marijuana DUI, such a driver is first subjected to a field sobriety test. These tests check for a driver’s memory, balance, and vision but are specific to alcohol and may not thoroughly determine whether they are high on cannabis. However, law enforcement can request a driver to submit to a blood or urine test at the appropriate lab to determine the nana-liter level of THC if they feel strongly that such a person is under the influence of marijuana. Per 625 ILCS 5/11-501.6, persons who refuse to submit to this test risk driver’s license suspension or revocation. Any proof of refusal is admissible in any criminal or civil action arising from that incident (625 ILCS 5/11-501.2(c)(1)).Per 625 ILCS 5/11-501 (c)(1), (c)(2), and (d), a driver who fails a chemical test for THC levels in Illinois is charged with DUI and faces the following penalties:First OffenseLoss of driver’s license for between six months and one yearFine of up to $2,500Possible jail time of up to one yearSecond OffenseBetween three and five years loss of licenseFine of up to up to $2,500Mandatory five days jail time or 30-day community service (for a second offense within a 5-year time frame)Substance abuse counselingA possible prison term of up to one yearThird and Subsequent OffenseUp to 6 years loss of driving privilegesFine of up to $10,000Possible jail time of up to 3 yearsMandatory drug treatmentCan I Buy Marijuana in Illinois?Anyone 21 years or older can buy cannabis and marijuana products in Illinois, but they must possess a valid government-issued ID. Such an ID must also display the person’s age. Currently, licensed dispensaries in the state accept cash and debit cards as payment methods. Checks or credit cards are not accepted as payment means at any Illinois marijuana dispensary. Illinois marijuana dispensaries offer a full range of cannabis products from flowers and edibles to oils, concentrates, vapes, oral sprays, tinctures, topicals, and capsules.Anyone who purchases cannabis in Illinois and carries it in their car must keep it in a secured, sealed container where it is inaccessible to other people while driving. Experts recommend keeping it in the car trunk away from unauthorized access. Persons under 21 years in need of medical marijuana must have a medical marijuana card. They can get a medical marijuana card by obtaining a certificate from the doctor treating them for a debilitating condition and then apply online through the IDPH website. Generally, the marijuana that medical patients buy in Illinois is cheaper than that purchased by recreational users. They can also possess a higher amount of cannabis than recreational consumers.Where Can I Buy Marijuana in Illinois?Medical marijuana and recreational marijuana are legal in Illinois, but many Illinoisans still ask, “where can I buy cannabis?” Illinois licensed marijuana dispensaries are authorized to sell cannabis and cannabis-infused products to eligible persons. However, these dispensaries have a legal obligation to prioritize consumers with medical marijuana needs. The Illinois Department of Financial and Professional Regulation (IDFPR) licenses dispensaries and performs other oversight functions on dispensing organizations. Illinois allows licensed marijuana vendors to operate between the hours of 6:00 a.m. and 10:00 p.m. daily.How Much is Marijuana in Illinois?Many reports have it that marijuana prices in Illinois are some of the highest in the United States. The average cost of cannabis in the state is $16 per gram. However, factors such as demand, supply, and tax rates determine the prices of cannabis. Also, the cost of recreational marijuana is usually higher than medical marijuana. Medical cannabis in a licensed dispensary costs $15 per gram, while recreational users pay $21 per gram for the same quantity of cannabis.How Much Cannabis Can I Legally Have?Illinois law permits eligible persons to possess a limited amount of cannabis on them per time. Worthy to state is that these amounts are a cumulative aggregate of concentrates, cannabis flowers, and cannabis-infused products up to the legal limit for each category of marijuana form. Legally, Illinois residents can carry up to 5 grams of concentrates, 30 grams of marijuana flower, and 500 milligrams of marijuana-infused products. Out-of-state residents can only possess half of these amounts. Also, medical marijuana patients can grow up to five plants for personal use at home, but recreational users are prohibited from doing so. Marijuana users can transport it in their motor vehicles but must carry it in a sealed and secured container.