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Legal Cannabis FAQ for Illinois

Posted by Robert S. Alexander | Aug 21, 2020 | 0 Comments

This guide will answer many common questions following legalization of recreational marijuana in Illinois.

Who can possess and use legal cannabis?

Adults age 21 and over who are residents of Illinois can possess up to the following amounts of cannabis: 30 grams (approximately 1 ounce) of cannabis flower, 5 grams of cannabis concentrate, and 500 milligrams of THC contained in cannabis-infused products (i.e. edibles, tonics, sprays). Non-residents may possess half of the abovementioned amounts.

Where can I use legal cannabis?

You can use legal marijuana in a private home if out of public view, with no one under 21 years of age present, and if approved by property owner. In Chicago, you will be permitted to use in your backyard or back porch if approved by property owner.

Some cannabis-related businesses such as dispensaries will also be places you can legally consume or smoke marijuana.

Where can I buy cannabis?

You CANNOT purchase cannabis legally from anyone other than licensed cannabis dispensaries that are registered with the state of Illinois.

Where am I not allowed to use cannabis?

You cannot use cannabis in any public space, on any private property where the owner does not approve, in front of any person under the age of 21, on any federal land, in any motorized vehicle (even as a passenger), or across state borders.

Can I use cannabis if I live in public housing?

No! Public housing is federally-funded, and cannabis is still illegal under federal law. You can face eviction for using any cannabis-related products in public housing.

Can my landlord tell me I can't use cannabis in my home?

Yes. Any private property owner can prohibit even legal cannabis use on their property. You could face eviction for using cannabis if your landlord does not want you to.

Can I use cannabis if I am on probation?

No. The conditions of probation typically require regular testing for controlled substances, and cannabis is still considered a controlled substance.

Can I share my cannabis with a friend or family member?

Yes. If you and your friend/family member are both over the age of 21, you may gift up to the legal limit of cannabis, but you may not receive any form of payment for doing so.

Can I grow my own marijuana?

Only medical marijuana cardholders are permitted to grow their own marijuana plants. Medical users may grow up to five plants at a time.

Can I transport cannabis in a motor vehicle?

Yes. You may transport your cannabis and cannabis products in your vehicle, but it must be in a closed container out of reach of the driver.

Can I use cannabis if I am a passenger in a motor vehicle?

No! Cannabis use is strictly prohibited in any motor vehicle (including boats) even if the person using is not operating the vehicle.

Can I use cannabis and still drive?

No! Just like alcohol, operating a motorized vehicle under the influence of cannabis is unlawful and is can result in a DUI and revocation of your driving privileges.

See sources and learn more about Illinois' cannabis law by reading Public Act 101-0027:

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