Cannabis Regulation and Tax Act
What you should know
- The cannabis legalization law allows Illinois residents ages 21 and older to possess lawfully:
- Up to 30 grams of cannabis leaf/plant
- Up to 500 milligrams of THC-infused products (edibles)
- Up to 5 grams of cannabis concentrate (oil)
- IT WILL REMAIN ILLEGAL TO DRIVE HIGH. If a driver has five (5) or more nanograms of THC in the blood, there is a presumption of impairment.
- A person may not use cannabis in any public place where a person could reasonably be expected to be seen by others. This includes: restaurants, bars, movie theaters, parks/playgrounds, parking lots, sidewalks and streets, stores, arenas--basically anywhere where there are people in a public place.
- A person may not use near anyone who is less than 21 years old.
- A person may not use anywhere prohibited by Smoke-Free Illinois.
- Illinois residents who are qualifying patients with an Illinois Medical Cannabis Registry Identification Card can grow up to five (5) cannabis plants over five (5) inches tall within their residence. If a person DOES NOT have an IL Medical Cannabis ID Card, it remains illegal to grow ANY cannabis plants. Any person caught growing more than five (5) cannabis plants--with or without a Medical Cannabis ID Card--is subject to a felony charge, with increasing penalties based on the number of cannabis plants recovered.
- Cannabis remains illegal at the federal level, however federal law enforcement has rarely interfered with individuals possessing the State regulated legal amount or businesses complying with state enforced programs. Any questions related to Federal regulations should be directed to the proper agency.
- The Act includes a schedule of expungement provisions that requires local law enforcement to automatically expunge all criminal history records of an arrest, charge not initiated by arrest, order of supervision or order of qualified probation for a "minor cannabis offense" if: 1) one year or more has elapsed since the date of the arrest or law enforcement interaction documented in the records; and, 2) no criminal charges were filed relating to the arrest or law enforcement interaction or criminal charges were filed and subsequently dismissed or vacated or the arrestee was acquitted. "Minor Cannabis Offense" as defined in the Act means a violation of Section 4 (possession) or Section 5 (delivery) of the Cannabis Control Act concerning not more than 30 grams of any substance containing cannabis, provided the violation did not include a penalty enhancement under Section 7 of the Cannabis Control Act and is not associated with an arrest, conviction or other disposition for a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act.