A Quick Guide to Illinois Cannabis Laws Part 1 – Cannabis in Illinois

 Posted on September 26, 2024 in Felony

A Quick Guide to Illinois Cannabis Laws & DUI’s

Part 1 – Illinois Cannabis
Proctored by Attorney Cosmo J. Tedone

With the increasing legalization of cannabis across the United States, it is essential to understand the specific laws in each state. In Illinois, cannabis has been legal for recreational use since January 1, 2020. Here is what you need to know about cannabis laws in the Prairie State:

Who Can Use Cannabis?

In Illinois, adults aged 21 and over are legally allowed to purchase, possess, and consume cannabis. However, it is important to carry a valid ID, as proof of age is required when purchasing cannabis from licensed dispensaries.

Medical vs. Recreational Purchases

Medical Cannabis Program: Illinois has a medical cannabis program with specific dispensaries for registered patients. Medical cannabis patients can purchase larger amounts, and have access to a wider range of products with lower taxes than recreational users.

Recreational Use Restrictions: Recreational users must adhere to the purchase and possession limits set by state law and cannot grow their own plants.

Possession Limits

Illinois law sets clear limits on how much cannabis individuals can possess:

• Illinois Residents: Up to 30 grams (about one ounce) of cannabis flower, up to 5 grams of cannabis concentrate, and up to 500 milligrams of THC in cannabis-infused products.
• Non-Residents: Visitors to Illinois can possess up to 15 grams of cannabis flower, 2.5 grams of cannabis concentrate, and up to 250 milligrams of THC in cannabis-infused products.

Where Can You Consume Cannabis?

While cannabis use is legal, it is not allowed everywhere. Consumption is prohibited in:

• Public spaces, such as streets or parks;
• Vehicles, whether you are driving or a passenger;
• On school grounds, near someone under 21, or in the presence of on-duty school bus drivers, police officers, firefighters, or correctional officers; and/or
• Anywhere that smoking tobacco is prohibited.

Private homes are generally safe places to consume cannabis, but landlords and rental properties can prohibit use on their premises, so check your lease agreement.

Driving with Cannabis: Transporting Cannabis in a Vehicle:

In Illinois, when transporting legal cannabis in a vehicle, it must follow specific rules like alcohol. The cannabis must be:

·         In a Sealed, Child-Resistant, Odor-Proof Container: The container should remain sealed and unopened. This ensures there is no reasonable suspicion that the cannabis is being consumed while driving.

·         Inaccessible While Driving: Ideally, cannabis should be kept in the trunk of the vehicle, where it is out of reach of the driver and passengers. If your vehicle does not have a trunk (like a pickup truck or an SUV), it should be stored in a similar out-of-reach location, such as the glove compartment or a rear storage area. The key is that the cannabis should not be easily accessible to anyone in the vehicle.

Why These Rules Are Important

Following these guidelines helps avoid any perception of impaired driving and ensures compliance with Illinois laws. Violating these rules could result in fines, license suspension, or other legal consequences, even if you are not actively consuming cannabis while driving. In summary, treat cannabis like alcohol when transporting it in your vehicle: keep it sealed, stored safely, and out of reach to ensure compliance with the law.  Questions?  Contact our Attorneys today at 815-666-1285!