What You Should Know About Cannabis in Illinois
While cannabis was once thought of as a gateway drug that would inevitably lead to further drug use, decades of research have drastically shifted that mindset. Although some states are still on the fence, 39 states have passed laws related to cannabis use for medical purposes, and 21 states have done so for recreational use. This is just one indicator of the drastic shift from the view of cannabis as a drug subject to the Controlled Substances Act of 1970. With renewed vigor from many state legislatures, cannabis use is slowly but surely becoming more accepted across the country.
Illinois has sought to remain on the front lines of legalizing cannabis. In fact, adults in Illinois were legally allowed to use marijuana products as early as 1931. After federal regulations were put in place to make cannabis illegal on a federal level, Illinois sought to legalize the use of marijuana for medical purposes with the Cannabis Control Act of 1978. Unfortunately, the Illinois Department of Human Services and the Illinois State Police both failed to provide regulations at the time, and the act ultimately failed.
Thirty-five years later, as research helped to identify the many benefits cannabis could provide, medical cannabis in Illinois became legal with the Compassionate Use of Medical Cannabis Pilot Program Act in 2013. While the rest of the state would need to wait several more years for recreational cannabis, the legislature did take steps in that direction.
In 2016, Senate Bill 2228 decriminalized simple marijuana possession. This law reduced the penalties for cannabis possession under 10 grams to a simple fine of $100 to $200 and established a blood THC limit of 5 nanograms/ml. The legislature also pushed for laws that governed sales, including the Illinois Hemp Act, which approved the cultivation, processing, and sales of hemp and CBD.
A short three years later, on January 1, 2020, Illinois became the 11th state to fully legalize recreational marijuana through HB 1438, The Cannabis Regulation and Tax Act. Illinois took things a step further in 2022 when HB 4116 made it illegal for employers to discriminate against employees who test positive for THC during required employee drug testing. Under this bill, an employee may not be terminated from a job nor rejected a job on these grounds.
As the bill proceeded through the revision process, it further stated that employees who use cannabis products on their own time and within the confines of the law would be safeguarded from any employment retaliation. This means that, yes, cannabis use is protected for employees in the private sector. Unfortunately, because cannabis use is still illegal at the Federal level, employees of the federal government are still subject to national legislation.
Current Recreational Cannabis Laws in Illinois
So what do these laws mean for you? Both residents of Illinois and those visiting the state are welcome to enjoy the use of recreational cannabis as long as they abide by the following cannabis laws in Illinois.
For Illinois residents, recreational possession is limited to:
- 30 grams of cannabis flower
- 5 grams of cannabis concentrate
- A maximum of 500 mg of THC contained in a cannabis-infused product
For non-Illinois residents, possession is limited to:
- 15 grams of cannabis flower
- 2.5 grams of cannabis
- A maximum of 250 mg of THC contained in a cannabis-infused product
The state laws enable residents and non-residents alike to use cannabis in a healthy and enjoyable way, but there are still some limitations. Recreational users may not:
- Consume cannabis in public
- Consume cannabis under the age of 21 years old, unless a qualified medical patient
- Drive under the influence of cannabis
Overall, the laws seek to enable safe, penalty-free consumption for cannabis users so that they can enjoy the many benefits cannabis use has to offer, such as relaxation, socialization, creativity, improving moods, and building connections with others.
Recreational Cannabis Taxes in IL
While Illinois and non-Illinois recreational users may have different purchase limits, they pay the same taxes on cannabis - based on THC amount and product price:
- 35% THC or less = 10% of the product price
- Higher than 35% THC = 25% of the product price
- Cannabis-infused products = 20% of the product price
This tax is for good reason - it funds state programs such as housing programs for underserved communities, mental health programs, and even legal aid.
Current Medical Cannabis Laws in IL
Though recreational cannabis is new, medical cannabis has been legal in Illinois since 2013 as a way to offer those with medical conditions an alternative means to wellness. With the Compassionate Use of Medical Cannabis Program Act, the state’s medical cannabis rules and regulations were defined, including how to become a patient. The program is open to Illinois residents aged 18+, or minors with parental/guardian permission, that have received a certified diagnosis of one of the program’s qualifying conditions by a healthcare professional.
After gaining your physician’s approval, you must create a profile in the Illinois Cannabis Tracking System and pay the state-required medical card fee; you can opt for a 1- or 3-year card, differentiated by cost.
With these extra steps comes perks. Illinois medical cannabis patients have a different set of cannabis purchasing rules compared to recreational users:
- A possession limit of 2.5 oz every two weeks
- No sales tax on purchases
- The ability to homegrow up to 5 cannabis plants
Like recreational consumers, medical cannabis patients cannot consume in public, nor drive under the influence.
Illinois Cannabis FAQs
Though Illinois cannabis laws have been in effect for a few years, there are still many questions to be answered about consuming marijuana in Illinois.
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"questions_0_question": "What Do You Need to Purchase from Dispensaries in Illinois?",
"_questions_0_question": "field_632ae305336793",
"questions_0_answer": "When you visit a dispensary, it's important to be prepared and know what to expect ahead of time. Always be sure to bring your state-issued identification proving you are of legal age to purchase. Accepted IDs include a driver’s license, a temporary visitor driver’s license, or any other ID issued by the Illinois Secretary of State. If you are visiting Illinois from another state, you’ll need a valid state-issued ID from your home state.",
"_questions_0_answer": "field_632ae30d3367a3",
"questions_1_question": "Can You Go to a Dispensary Without a Card in Illinois?",
"_questions_1_question": "field_632ae305336793",
"questions_1_answer": "You are welcome to purchase cannabis from any recreational dispensary with a valid state-issued identification card, though your purchases will be limited to the terms of the legal possession thresholds. If you have a medical card, make sure to use at as your purchase limit is higher – 2.5 ounces every 14 days.",
"_questions_1_answer": "field_632ae30d3367a3",
"questions_2_question": "Can You Smoke in Public in Illinois?",
"_questions_2_question": "field_632ae305336793",
"questions_2_answer": "No. Public consumption is not allowed in Illinois. Your consumption is limited to the privacy of your home if you own one or with the approval of your landlord/owner if you are a renter.\r\n<br><br>\r\nThe laws dictate that, otherwise, consumption must be done in private, out of the view of others. Unfortunately, this means you may not consume cannabis on your porch, in your open garage, or on the sidewalk near your home in Illinois. You may not consume cannabis in the presence of anyone who is under the age of 21.",
"_questions_2_answer": "field_632ae30d3367a3",
"questions_3_question": "If I Was Previously Charged with a Cannabis-related Offense, Can I Still Consume Cannabis Products?",
"_questions_3_question": "field_632ae305336793",
"questions_3_answer": "Yes, you can. Any adult aged 21 or older is allowed to consume cannabis regardless of previous criminal charges. This is a shift in policy from previous laws that stated you could not. Another benefit of current Illinois law is that if you were previously convicted of a non-violent cannabis-related charge, you might even be eligible for expungement of that crime from your record as long as it was for possession under 30 grams, the new legal limit. If your previous crime fits those criteria, you can file a petition to have your record cleared.",
"_questions_3_answer": "field_632ae30d3367a3",
"questions_4_question": "Can You Grow Cannabis at Home?",
"_questions_4_question": "field_632ae305336793",
"questions_4_answer": "Medical cannabis patients over the age of 21 are legally allowed to grow up to 5 cannabis plants at home with a cannabis license. To remain in compliance, your plants must remain secured and within an enclosed space, such as a spare room or closet, out of the view of the public or any minors.\r\n<br><br>\r\nIf you currently rent your home and wish to grow plants, you must obtain written permission from the owner or landlord. The law further states that any plants you grow are to be used strictly for personal consumption. You are not allowed to sell or distribute your homegrown cannabis.\r\n\r\nRecreational cannabis users cannot grow plants in Illinois.",
"_questions_4_answer": "field_632ae30d3367a3",
"questions_5_question": "What Are the Benefits of Legalizing Cannabis?",
"_questions_5_question": "field_632ae305336793",
"questions_5_answer": "Although cannabis use has been stigmatized for a long time, recent studies indicate that increasing cannabis usage may lower the utilization of other harmful drugs. According to research, there exists a direct relationship between an increase in cannabis utilization and a decrease in opioid overdoses by about 25%.\r\n<br><br>\r\nThere are two possible explanations for this. First, people tend to depend on pain medication to manage their pain, which can lead to addiction and overdose. Medical cannabis can treat the same disorders with a lower addiction and no fatal overdose risk. Second, marijuana is showing promise as an aid in dealing with opioid use disorders.",
"_questions_5_answer": "field_632ae30d3367a3",
"questions_6_question": "Where Is it Legal to Possess Cannabis in Illinois?",
"_questions_6_question": "field_632ae305336793",
"questions_6_answer": "Possession of the defined amounts of cannabis is legal anywhere in the state, provided local municipalities have not deemed cannabis illegal in local laws.\r\n<br><br>\r\nWhen it comes to driving with cannabis, you may transport legal amounts of cannabis inside the vehicle, but like alcohol, it may not be accessible to any occupant of the vehicle, and you must also keep it in a childproof container. You are not allowed to transport cannabis across state lines, so visitors from other states should check their belongings before returning home.\r\n\r\nPossession of the defined amounts of cannabis is legal anywhere in the state, provided local municipalities have not deemed cannabis illegal in local laws.\r\n\r\nWhen it comes to driving with cannabis, you may transport legal amounts of cannabis inside the vehicle, but like alcohol, it may not be accessible to any occupant of the vehicle, and you must also keep it in a childproof container. You are not allowed to transport cannabis across state lines, so visitors from other states should check their belongings before returning home.",
"_questions_6_answer": "field_632ae30d3367a3",
"questions_7_question": "Can I Gift Cannabis to Someone? Or Receive it as a Gift?",
"_questions_7_question": "field_632ae305336793",
"questions_7_answer": "Individuals may not resell their personal stash of medical or recreational cannabis. However, you can “gift” up to 1.5 oz of recreational flower only (that means no concentrates, pre-made edibles, or any other forms of cannabis) as long as the recipient is 21 or over. You may also give homemade treats (think cannabis brownies) as long as they contain less than 1.5 oz of recreational cannabis flower.",
"_questions_7_answer": "field_632ae30d3367a3",
"questions_8_question": "What Should I Know If This Is My First Time Visiting a Dispensary?",
"_questions_8_question": "field_632ae305336793",
"questions_8_answer": "If you are purchasing <a href=\"https://zenleafdispensaries.com/blog/first-dispensary-visit/\">cannabis from a dispensary for the first time</a>, you should take a few things into consideration:\r\n<br><br>\r\n<strong><em>1.</em> Bring your ID -</strong> Many dispensaries will require you to show ID before you enter the building and certainly before you reach the sales floor. If you have a medical card, you must display it at this time.\r\n<br><br>\r\n<strong><em>2.</em> Choose carefully -</strong> When at the dispensary, you will be able to choose from several types of cannabis products, including cured, dried flower, vaporizer cartridges filled with cannabis extracts, cannabis-infused edibles, tinctures, a variety of concentrates, and more. Learn about the different types of cannabis products in our education section before you go.\r\n<br><br>\r\n<strong><em>3.</em> Ask an employee -</strong> If you need more information to determine which type of cannabis suits your cannabis goals, the staff is there to help. Cannabis Advisors at Zen Leaf receive thorough cannabis education to help you evaluate your needs and make wise decisions.\r\n<br><br>\r\n<strong><em>4.</em> Bring cash or a debit card -</strong> Since federal laws are still contradictory to Illinois state laws, dispensaries cannot process credit card transactions for cannabis. Many have an ATM or a cashless ATM (which operates much like a debit card reader) on-site, but others only take cash.\r\n<br><br>\r\n<strong><em>5.</em> Leave your items in the packaging until you get home -</strong> Cannabis must be stored in its original, closed container and away from the driver and passengers. Leave yours in the packaging and stow it in the glove compartment or trunk until you arrive home.",
"_questions_8_answer": "field_632ae30d3367a3",
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"_questions": "field_632ae2f6336783"
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}Come to Zen Leaf for Quality Cannabis in Illinois
Though cannabis is legal in Illinois both recreationally and medically, you can only purchase cannabis from a state-licensed dispensary in Illinois.
Zen Leaf is proud to offer only high quality cannabis options, with guidance provided by our thoughtful Cannabis Advisors. . Whether it’s your first time in a dispensary, your first time with cannabis, or you are simply searching for top-shelf cannabis products, we can guide you through every step of the process.
Stop into one of our Illinois dispensaries today and say hello!
References:
- Mitchell I. (2016). Public health benefits from legalizing cannabis: both sides of the coin. CMAJ : Canadian Medical Association journal = journal de l'Association medicale canadienne, 188(1), 63. https://doi.org/10.1503/cmaj.1150076
- (2020). Adult Use Cannabis Summary. Illinois.gov. https://www2.illinois.gov/IISNews/20242-Summary_of_HB_1438__The_Cannabis_Regulation_and_Tax_Act.pdf
- (2023). Cannabis Regulation and Tax Act. Illinois General Assembly. https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3992&ChapterID=35
Digital Content Manager for MÜV Florida and Zen Leaf Dispensaries. A cannabis connoisseur with a passion for explaining the miraculous possibility of the plant, Swan began her journey with cannabis as a recreational user and quickly realized its positive impact on her depression and severe anxiety. She joined the cannabis industry as Receptionist and MedTender and witnessed first-hand the immense potential of the plant for a wide variety of ailments, deepening her passion for alternative medicine. Swan is dedicated to self-education on the plant and sharing its potential with all. She holds a Journalism degree from the University of Iowa.
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