Available 24/7 (888) 826-8682 Start a free consultation Start a free consultation

Everything You Need To Know About Marijuana Legalization In Illinois

February 8, 2020 Published in Uncategorized

The long-anticipated wait for legal marijuana in Illinois is over. On January 1, 2020, Illinois became the 11th state to legalize recreational marijuana for adults. With any major changes in state laws, it is important that Illinois citizens thoroughly understand every aspect of what is legal and what is not legal. This law did not throw open the floodgates, and there are still restrictions in place.

Understanding Marijuana Laws in Illinois

We want to answer some of the most commonly asked questions related to legal marijuana in Illinois.

Who can buy marijuana in Illinois?

Anyone over the age of 21 is allowed to buy marijuana products from licensed Illinois sellers.

Who can sell marijuana in Illinois?

Medical marijuana dispensaries are currently the only sellers of recreational marijuana. By mid-2020, Illinois will grant additional licenses to more stores, processors, cultivators, and transporters. Up to 295 stores could be in operation by 2022.

How much marijuana can a person legal possess?

Illinois citizens are allowed to possess 30 grams of marijuana of the cannabis flower. This is approximately one ounce. The legally allowable limit for cannabis concentrate is 5 grams. The legal limit for other cannabis-infused products (edibles, tinctures, etc.) is 500 milligrams of THC.

Anyone visiting Illinois from out-of-state is allowed to possess half of those amounts.

Where can you smoke marijuana legally?

It is legal to smoke inside personal residences as well as on-site in some cannabis-related businesses. Users may not smoke:

  • In a public area, such as a street or park
  • Inside of a vehicle
  • In school grounds (except medical marijuana users)
  • Near anyone under the age of 21
  • Near any on-duty school bus driver, corrections officer, firefighter, or police officer

Any person, business, or landlord can prohibit marijuana use on private property, and Illinois colleges and universities can ban marijuana use.

Can you grow marijuana at home in Illinois?

Medical marijuana patients are allowed to grow up to five plants at a time. Non-patients are not allowed to grow marijuana at home. Violating this law is punishable by a civil penalty of $200. Right now, only 20 existing licensed medical marijuana cultivation facilities will be licensed to grow marijuana, but there are plans to allow for “craft growers” to be allowed to apply for cultivation licenses this year.

How is marijuana taxed in Illinois?

Cannabis flower products with less than 35% THC have a 10% sales tax. Cannabis-infused products have a 20% sales tax. Finally, products with a THC concentration higher than 35% have a 25% sales tax. Municipalities and counties in Illinois have the option to levy additional sales taxes of their own.

Motor Accidents involving DUI and Marijuana

Drivers can be arrested for suspicions of driving under the influence of any intoxicating substance, including marijuana. In Illinois, it is illegal to drive with a THC blood concentration of five nanograms or more per milliliter. If they do so, they could be guilty of DUI. Getting into a Springfield motor vehicle accident while under the influence of marijuana will be treated the same as an accident with an alcohol-impaired driver.

During the COVID-19 crisis, Kanoski Bresney attorneys are working and available to discuss your case with you. Click here to learn more.