Illinois Marijuana Laws

By Kit Yona, M.A. | Legally reviewed by John Mascolo, Esq. | Last reviewed July 23, 2024

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For more than a decade, Illinois residents have embraced the benefits that come with cannabis products. In 2013, the state passed the Compassionate Use of Medical Cannabis Program Act, a law allowing the sale and use of medical marijuana. Medical marijuana began selling in 2014. A few years later, Illinois lawmakers would become the first to legalize recreational marijuana through legislation, as opposed to a ballot referendum.

Illinois Gov. J.B. Pritzker signed the Cannabis Regulation and Tax Act into law in June 2019, legalizing adult-use recreational cannabis for adults. This took effect on Jan. 1, 2020. While it's legal to buy, have, and use marijuana and cannabis-infused products, there are still Illinois laws in place that regulate and control cannabis activity.

This article will explain the Illinois state laws on marijuana, limits on the possession of cannabis, and what's involved in purchasing cannabis products. We'll show the differences between recreational use and being a medical marijuana patient. You'll also learn about the penalties used to enforce violation of cannabis laws.

As you can see, there's a lot to learn. Learn more here about Illinois marijuana laws.

Marijuana in Illinois: What To Know

The rules for enjoying cannabis products in the state of Illinois can be complex. Let's examine the most important aspects of marijuana use in Illinois.

Purchasing and Possessing Marijuana in Illinois

Illinois residents who wish to buy adult-use recreational marijuana must be at least 21 years of age. All purchases must be at a state-registered dispensary. You must show a valid government-issued ID, such as a driver's license with your birth date.

Illinois residents have limits to how much marijuana they can buy at one time, which is the same as the possession limits. These are:

  • 30 grams of cannabis flower (about 1.06 ounces)
  • 5 grams of cannabis concentrate
  • 500 milligrams of cannabis-infused products, such as edibles and drinks

Out-of-state visitors can buy half the amount listed above, but they can only use the product in Illinois and can't take it across state lines.

Be prepared for the taxes associated with buying marijuana products in Illinois, as they can be quite hefty. Cultivators pay a 7% wholesale tax. Besides the regular 6.25% state sales tax, your adult-use recreational cannabis product purchase is subject to the Cannabis Purchaser Excise Tax. The amount varies based on the milligrams of THC (Tetrahydrocannabinol) in the product. THC is the psychoactive ingredient in cannabis. Excise taxes break out as follows:

  • Cannabis-infused products such as edibles: 20% of the purchase price
  • Any cannabis such as flower, vaping cartridges, and concentrates at or below 35% THC: 10% of the purchase price
  • Any cannabis above 35% THC: 25% of the purchase price

Municipalities can impose a local sales tax as well. Medical marijuana purchases are exempt from the excise tax. Delivery of cannabis products is illegal in Illinois.

Medical Marijuana in Illinois

Medical marijuana use in Illinois is to provide relief to qualified patients. To buy medical marijuana, a qualifying patient must register with the state and have a medical cannabis registry identification card. The Illinois Department of Public Health runs the Medical Patient Program. The application process is online, including the certification from your physician.

Illinois law identifies over 50 conditions that may qualify a patient to be eligible for medical marijuana, including:

  • Autism
  • Agitation of Alzheimer's disease
  • HIV/AIDS
  • Amyotrophic lateral sclerosis (ALS)
  • Anorexia nervosa
  • Cancer
  • Chronic pain
  • Crohn's disease
  • Glaucoma
  • Hepatitis C
  • Irritable bowel syndrome
  • Lupus
  • Migraines
  • Multiple Sclerosis
  • Muscular Dystrophy
  • Neuropathy
  • Osteoarthritis
  • Parkinson's disease
  • Polycystic kidney disease (PKD)
  • Post-Traumatic Stress Disorder (PTSD)
  • Rheumatoid arthritis
  • Seizures (including those characteristic of Epilepsy)
  • Spinal cord injury
  • Tourette syndrome
  • Traumatic brain injury
  • Ulcerative colitis

If you qualify, you'll need to print out your medical cannabis registry identification card or present a digital copy to make purchases at a dispensary. As a medical marijuana patient, you'll have higher possession limits than recreational users. You can buy or have 2.5 ounces of cannabis or the equivalent in cannabis products every two weeks. In certain cases, physicians can apply for a waiver to up the limit to as much as 5 ounces.

If you're a medical marijuana patient under 18, your caregiver can make your purchases and pick up the products from dispensaries for you.

Also, medical marijuana patients can grow up to five cannabis plants at their homes. These are for personal use only; only the patient or caregiver can tend to or process them.

Cannabis Control Office

The Illinois State Police house the state's Cannabis Control Office (CCO). The CCO reviews security plans for all licensed cannabis entities, can conduct inspections and investigations into violations of state marijuana laws, and engages in training programs for law enforcement related to the state's marijuana laws.

Using Marijuana in Illinois

Before examining the Illinois marijuana laws, be aware of federal law. Due to the Controlled Substances Act, marijuana is a Schedule I drug. This means that possession or use of cannabis on federal lands, such as national parks and federal courthouses, is a crime and not superseded by Illinois law.

It is illegal to use marijuana in public places in Illinois. This includes any location protected by the Smoke-Free Illinois Act. It's also against the law to smoke in dispensaries unless they give express permission.

You can use marijuana products on private property unless the owner chooses not to allow it. Jurisdictions can set restrictions as well. It's a good idea to check out the local ordinances. While most towns are OK with Illinois residents using marijuana on their front porches, confirm it's allowed in your location.

Marijuana penalties get increased if they involve a minor. This also applies if they take place on or near school grounds.

Illinois Marijuana Laws Review and Summary

Applying common sense to certain acts can help keep you out of trouble with police while using marijuana. The legalization of marijuana doesn't mean that anything goes. For example, you can't use it in a moving motor vehicle. Driving under the influence of cannabis carries the same penalties as alcohol impairment in a DUI context.

The table below offers a detailed look at the penalties for marijuana-related crimes.

Relevant Illinois marijuana laws

Illinois Compiled Statutes (ILCS)

Chapter 410 — Public Health

Chapter 720 — Criminal Offenses, Offenses Against the Public
Is marijuana legal in illinois?

Yes. Marijuana is legal for medical and adult recreational use for those 21 and older. The law limits the amount of cannabis one can legally possess. Public use remains prohibited.
Illinois marijuana possession limits and penalties

Medical marijuana patients can have:

  • 2.5 ounces of usable cannabis or its equivalent (about 70 grams) in cannabis products every 14 days
  • Up to five cannabis plants in their home (for personal use only)

Adult-use recreational marijuana users who are 21 or older can have:

  • Up to 30 grams of marijuana (cannabis flower)
  • Up to 500 mg of THC in a marijuana-infused product
  • Up to 5 grams of marijuana concentrate

People who are from out of state can possess half of what a resident can have. See Illinois Cannabis FAQ.

Penalties:

  • Between 30g and 100 g is a Class A misdemeanor: Up to 364 days in jail and a fine up to $2,500
  • Between 30g and 100 g (subsequent offense) is a Class 4 felony: one to three years of imprisonment and a fine up to $25,000
  • Between 100g and 500g is a Class 4 felony: one to three years of imprisonment and a fine up to $25,000
  • Between 100g and 500g (subsequent offense) is a Class 3 felony: two to five years of imprisonment and a fine up to $25,000
  • Between 500g and 2,000g is a Class 3 felony: two to five years of imprisonment and a fine up to $25,000
  • Between 2,000g and 5,000g is a Class 2 felony: three to seven years of imprisonment and a fine up to $25,000
  • Over 5,000g is a Class 1 felony: four to 15 years of imprisonment and a fine up to $25,000
Marijuana sale penalties

Only licensed dispensaries can sell marijuana. For a detailed explanation of how to open and operate a dispensary in Illinois, see our article on How to Open a Marijuana Dispensary in Illinois.

Penalties:

Any unauthorized sale of cannabis is at least a misdemeanor offense.

  • 2.5 g or less (Class B misdemeanor): Up to six months in jail and a fine up to $1,500
  • Between 2.5g and 10g (Class A misdemeanor): Up to 364 days in jail and a fine up to $2,500
  • Between 10g and 30g (Class 4 felony): one to three years of imprisonment and a fine up to $25,000
  • Between 30g and 500g (Class 3 felony): two to five years of imprisonment and a fine up to $25,000
  • Between 500g and 2,000g (Class 2 felony): three to seven years of imprisonment and a fine up to $25,000
  • Between 2,000g and 5,000g (Class 1 felony): four to 15 years of imprisonment and a fine up to $150,000
  • Over 5,000g (Class X felony): six to 30 years of imprisonment and a fine up to $200,000
Marijuana cultivation limits and penalties

Registered medical cannabis patients can cultivate and process five plants for personal use.

Penalties:

  • Five plants or less for non-medical personal use (civil violation): Fine up to $200
  • More than five but not more than 20 plants (Class 4 felony): one to three years of imprisonment and a fine up to $25,000
  • More than 20 but not more than 50 plants (Class 3 felony): two to five years of imprisonment and a fine up to $25,000
  • More than 50 but not more than 200 plants (Class 2 felony): three to seven years of imprisonment and a fine up to $100,000
  • More than 200 plants (Class 1 felony): four to 15 years of imprisonment and a fine up to $100,000
Medical marijuana eligibility requirements

Eligible patients with a doctor's recommendation, after registering with the state, may legally consume medical marijuana (Compassionate Use of Medical Cannabis Pilot Program Act).

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.

Expungement of Marijuana Convictions in Illinois

The same law that legalized recreational weed allows for the expungement of convictions for offenses that are no longer illegal. This means that you can have your marijuana criminal records erased. Some are automatic, while others require the person to petition the court. The Illinois Office of the State Appellate Defender offers information, examples, and necessary forms.

Illinois Marijuana Laws: Related Resources

Facing a Marijuana Charge in Illinois? Speak With an Attorney

Marijuana is legal in Illinois, but that doesn't mean there are no repercussions for violating Illinois laws. A drug conviction could cost you your job and result in a jail or prison sentence. If someone has charged you with a marijuana-related offense, consider reaching out to an Illinois drug crimes attorney.

 

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