Starting on January 1, 2020, residents and non-residents of Illinois 21 years of age or older will be permitted to possess, consume, use, purchase, obtain, and transport certain amounts of cannabis which do not exceed the legal limits set forth in the Cannabis Regulation and Tax Act.
Personal Use:
Illinois residents 21 years of age or older will be permitted to possess:
- Thirty (30) grams of cannabis flower,
- Five hundred (500) milligrams of THC contained in cannabis-infused products,
- Five (5) grams of cannabis concentrate.
Non-Illinois residents 21 years of age or older will be permitted to possess cannabis within Illinois. The possession limit for non-residents is:
- Fifteen (15) grams of cannabis flower,
- Two hundred and fifty (250) milligrams of THC contained in a cannabis-infused product,
- Two and a half (2.5) grams of cannabis concentrate.
Under Age 21, it remains illegal for any Illinois resident or non-resident to purchase, possess, use, process, transport, grow or consume cannabis unless authorized under a Medical Cannabis program.
Cultivation:
Only Illinois residents 21 years of age or older who are registered qualifying patients under the Compassionate Use of Medical Cannabis Pilot Program Act may cultivate cannabis plants, limited to five (5) plants per household, without having to receive a grower’s license. To be considered a resident of Illinois, a person must have lived in the State of Illinois for at least 30 days before beginning cultivation.
Cannabis cultivation must take place in an area on YOUR property that is enclosed, locked and easily secured such as a shed, green house or inside your home. You will NOT be permitted to grow cannabis plants in locations that are easily viewed by the public, such as your backyard. The structure where you are cultivating the cannabis must remain locked when it is unoccupied. You must take reasonable steps to ensure the plants will be secure from unauthorized access and/or access by people under the age of 21.
Adult registered qualifying patients may purchase cannabis seeds from a dispensary for the purpose of home cultivation. Seeds may not be given or sold to any other person.
Anyone who cultivates more than the allowable five (5) cannabis plants, or who sells or gives away plants, or plant products, is liable for penalties laid out in the Cannabis Control Act and will lose their home cultivation privileges.
Possession Limitations:
It is legal to use and consume cannabis and cannabis products within one’s own home and in certain cannabis-related businesses. Unless authorized under a Medical Cannabis program, it will remain unlawful to possess cannabis in certain places outside your own home, such as:
- On the grounds of any preschool, primary or secondary school,
- A school bus,
- Any correctional facility,
- Any non-pubic vehicle, unless the cannabis is in a secured, sealed container and inaccessible while the vehicle is moving,
- In a private residence that is used to provide licensed childcare or other similar social service care on that premise.
Consumption Limitations:
In addition to the places where possession remains unlawful, there are additional places where consumption remains unlawful, this includes:
- Any motor vehicle,
- Any public place*,
- Anywhere in close physical proximity to anyone under 21 years of age who is not a registered medical cannabis patient,
- Any place where smoking is prohibited under the Smoke Free Illinois Act,
- Operating, navigating or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of cannabis,
- The use by law enforcement officers, corrections officers, probation officers, or firefighters while on duty,
- The use of cannabis by a person who has a school bus permit or a Commercial Driver’s License (CDL) while on duty.
* Public place means any place where a person could reasonably be expected to be observed by others. This would include all parts of buildings owned by the State or a local government. This does not include a private residence unless it is being used to provide licensed childcare or other similar social services on the premise.
Where Smoking is Allowed:
- Private residences not being used as for childcare, adult day care, or healthcare facility or any other home-based business open to the public.
- Retail tobacco stores opened for the purpose of allowing smoking.
- Hotel and Motel rooms that are rented to guests that are designated as smoking rooms.
- Common smoking rooms in long-term care facilities operated under the authority of the Illinois Department of Veterans’ Affairs or licensed under the Nursing Home Care Act.
- Privately owned facilities where consumption is authorized and regulated by the unit of local government in which the facility is located.
Penalties:
Any person who violates the possession limits laid forth in the Cannabis Regulation and Tax Act will be subject to punishment by the law.
Any person who violates the Cannabis Regulation and Tax Act with respect to possessing:
- Not more than 10 grams of any substance containing cannabis is guilty of a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200.
- More than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class B misdemeanor.
- More than 30 grams but not more than 100 grams of any substance containing cannabis is guilty of a Class A misdemeanor.
- Repeat offenders will be guilty of a Class 4 felony.
- More than 100 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class 4 felony.
- Repeat offenders will be guilty of a Class 3 felony.
- More than 500 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 3 felony.
- More than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 2 felony.
- More than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony.
It remains unlawful for any unauthorized person to knowingly manufacture, deliver, or possess with the intent to deliver cannabis.
Any person who violates this with respect to:
- Not more than 5 grams of any substance containing cannabis is guilty of a Class B misdemeanor.
- More than 5 grams but not more than 10 grams of any substance containing cannabis is guilty of a Class A misdemeanor.
- More than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class 4 felony.
- More than 30 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 2 felony and a fine of $100,000 may be imposed.
- More than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony and a fine up to $150,000 may be imposed.
- More than 5,000 grams of any substance containing cannabis is guilty of a Class X felony and a fine up to $200,000 may be imposed.
Cannabis trafficking will remain unlawful in the State of Illinois. Any person who knowingly brings or causes to be brought into the State of Illinois for the purpose of manufacturing, delivering with the intent to manufacture, or delivering 2,500 grams or more of cannabis is guilty of cannabis trafficking.
It is unlawful to produce or possess more than the allowable five (5) cannabis plant per residence for registered qualified patients. Any person who violates the Cannabis Regulation and Tax act with respect to the possession and production of:
- Not more than 5 plants is guilty of a civil violation punishable by a minimum fine of $100 and maximum fine of $200.
- More than 5 plants, but not more than 20 plants, is guilty of a Class 4 felony.
- More than 20 plants, but not more than 50 plants, is guilty of a Class 3 felony.
- More than 50 plants, but not more than 200 plants, is guilty of a Class 2 felony and subject to a fine up to $100,000.
- More than 200 plants is guilty of a Class 1 felony and subject to a fine of up to $100,000.
If you have other questions, please contact the Law Office of Steven Haney today to schedule your free initial consultation.