Marijuana cannot be consumed in public, only in private residences. Local jurisdictions will be able to decide for themselves if they allow dispensaries to let people smoke on-site.
On January 1, existing medical marijuana cultivators and dispensaries will begin selling to adults until new licenses are approved. Per the law, the state will begin receiving and processing new licenses on March 15, 2020 and new dispensary licenses will be issued starting on May 1, 2020. Another round of licenses will not be issued until after the state completes a disparity and market study of the industry. The second round of licenses must take into account the study’s findings.
Only licensed cultivation centers are allowed to grow cannabis in Illinois, and these cultivation centers are governed and regulated by the Illinois Department of Agriculture (“IDOA”). Currently, IDOA only allow 22 cultivation centers and the application period is closed for cultivation center permits. For a current list of cultivation centers, please click here.
Only medical marijuana patients will be able to grow a maximum of 5 plants at home. It must be in a secure and protected area, out of the view of neighbors.
The Illinois Department of Financial and Professional Regulation (IDFPR) regulates dispensaries in Illinois. Dispensaries may only obtain cannabis from a registered cultivation center and may not obtain cannabis from outside Illinois. IDFPR is only allowed to issue up to 60 registrations for dispensaries and did so in September of 2014. For a current list of the dispensaries, please click here.
Both hemp and marijuana are members of the plant species cannabis sativa l. There are many differences, but marijuana contains a high THC and when consumed, produces a psychoactive effective. Marijuana has a low CBD percentage.
Hemp has a low THC percentage, .3% or less, and does not contain psychoactive properties.
The law allows for people convicted of possession of under 30 grams prior to legalization to have their records referred to the Prisoner Review Board and Governor Pritzker for pardon. If the pardon is granted, the Illinois Attorney General will move to expunge their records. Those convicted of possession of larger amounts can petition for engagement themselves. Local state’s attorneys can also pursue expungements on a case by case basis. Cook County State’s Attorney Kim Foxx has stated she supports marijuana legalization in Illinois, and that her office will expunge all misdemeanor marijuana convictions once it becomes legal. She has also said that the State’s Attorney’s Office is currently looking at its policy on prosecuting people who have been detained for selling marijuana once it becomes legal in the state.
Medical Marijuana in Illinois
Illinois is the 20th state to legalize medical marijuana and did so thanks to the Compassionate Use of Medical Cannabis Pilot Program Act (“Act”). The Act is set to expire on July 1, 2020.
Under current Illinois law, qualifying patients diagnosed with a debilitating condition as defined under the Act may be eligible for medical cannabis consumption. The list of conditions may be found here. Those who have a diagnosis can register with Illinois Department of Public Health in order to receive a medical cannabis card under the Medical Cannabis Patient Program. Patients and caregivers may apply here.
The Alternative to Opioids Act was signed in August of 2018, and allows individuals who have or could receive a prescription for opioids to have access to medical marijuana as an alternative. The Opioid Alternative Pilot Program was launched on January 31, 2019. For more information, please click here.
Recreational Marijuana in Illinois
Illinois is the 11th State to legalize the recreational use of marijuana thanks to the Cannabis Regulation and Tax Act, which was signed into law on June 25, 2019 by Governor J.B. Pritzker. As of January 1, 2020, individuals over 21 years of age can legally consume recreational marijuana.
A maximum of 30 grams, or about one ounce, of marijuana plant material, edibles totaling no more than 500mg of THC, and five grams of cannabis concentrate products. Non-residents will be able to purchase half those amounts.