- Illinois Residents: (Section 10-10(a))
- Must be 21 years old or older
- Can possess:
- Up to 30 grams of Cannabis flower
- no more than 500 milligrams of THC contained in cannabis-infused product
- Up to 5 grams of cannabis concentrate
- Out of State Residents: (Section 10-10(b))
- Must be 21 years old or older
- Can possess:
- Up to 15 grams of cannabis flower
- 250 milligrams of THC contained in a cannabis-infused product
- Up to 2.5 grams of cannabis concentrate
- WHERE CAN YOU GET MARIJUANA?
- ONLY AT LICENSED DISPENSARIES
- DELIVERY NOT LEGAL. (Section 15-70(n)(7))
- NO WEED VENDING MACHINES. (Section 15-70(n)(8))
- ONLY AT LICENSED DISPENSARIES
- Penalties for underage (under 21) possession of Cannabis:
- A person under 21 years of age with cannabis in his or her possession is guilty of a civil law violation as outlined in paragraph (a) of Section 4 of the Cannabis Control Act” (Section 10-15(a))
- Driver’s License consequences: Suspension/Revocation: (Section 10-15(c)): If the person under the age of 21 was in a motor vehicle at the time of the offense, the Secretary of State may suspend or revoke the driving privileges of any person for a violation of this Section under Section 6-206 of the Illinois Vehicle Code and the rules adopted under it.
- Parents & Guardians: Parents and Guardians who “knowingly authorizes or permits consumption of cannabis by underage invitees. Such parents risk facing a class A misdemeanor, unless the use of cannabis “directly or indirectly” causes great bodily harm, bumping the crime up to a class 4 felony. (Section 10-15)).
- Where Can’t You Smoke or Possess Cannabis? (Section 10-35(a)&(b))
- CAN’T POSSESS:
- in a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act;
- on the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act
- in any correctional facility;
- in a vehicle not open to the public unless the cannabis is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving; or
- in a private residence that is used at any time to provide licensed child care or other similar social service care on the premises;
- CAN’T USE:
- In a school bus
- At a school
- In a correctional facility
- In a private residence also used for childcare
- In any public place
- Public Place = “where a person could reasonably be expected to be observed by others.” Additionally, all property owned by the government qualify as a public place.
- If knowingly in close physical proximity to someone under 21
- Smoking cannabis in any place where smoking prohibited
- While driving, flying, or boating
- Condo
- Condominium Association can prohibit the smoking of cannabis within a unit, but cannot prohibit any other means of cannabis use within a unit, but can completely prohibit cannabis use in common areas.
- Leased residents:
- Can prohibit smoking but not other forms of cannabis use-check
- LEGAL PROTECTIONS FOR CANNABIS USERS IN CRTA
- EMPLOYERS/EMPLOYMENT:
- CULTIVATION/GROWING: (Section 10-5(b))
- AMOUNT:
- Up to 5 plants
- RULES:
- Registered Qualifying Patients
- NOT FOR RECREATIONAL USERS
- Resident of illinois (domiciled in illinois for 30 days prior)
- Cultivator must own property or have permission of owner
- Lessors can prohibit cultivation in leases.
- Cannabis Cultivation must take place in an enclosed, locked space
- Seeds must be purchased from licensed dispensary only
- Only Registered Qualifying Patients allowed to tend cannabis plants
- Unless out of town, an example specifically discussed in the statute, can have “authorized agent” tend plants
- Cannabis plants cannot be cultivated or stored in place “subject to ordinary public view.”
- Ordinary public view “means within the sight line with normal visual range of a person, unassisted by visual aids, from a public street or sidewalk adjacent to real property, or from within an adjacent property” (Section 1-10)
- Cultivator must take reasonable precautions to ensure plants secure from unauthorized access.
- Registered Qualifying Patients
- VIOLATIONS:
- Registered Qualifying Patients:
- Inside the residence where growing, you can keep what you grow. Outside-30 gram limitation applies.
- If grow more than 5 plants or sell the cannabis: See below.
- Everyone else: 720 ILCS 550/8
- 5 plants of less: CIVIL violation. Min. fine $100 and maximum fine $200.
- 5-49: cl. 4 felony
- 40-199: cl. 2 felony
- 200+: cl. 1 felony
- Registered Qualifying Patients:
- AMOUNT:
- EXPUNGEMENTS:
- LAW ENFORCEMENT
- What If You’re Caught With More Than The Legal Amount or Unlicensed Selling?