Cannabis Is Legal In Illinois, What Does That Mean?
On January 1, 2020, Illinois joined other states in legalizing recreational cannabis for those 21 and older from licensed dispensaries. However, cannabis laws across the United States are complex, with state laws often contrasting federal law. Currently, 24 states, including Illinois, have fully legalized cannabis, allowing for both medicinal and recreational use, and have decriminalized cannabis-related offenses. Five states permit medical use and have decriminalized cannabis but have not legalized recreational use, referred to as mixed legalization. Eight states only allow medical use without decriminalizing or legalizing recreational use, also considered mixed legalization. Two states have only decriminalized cannabis, making it fully illegal due to the inability to legally purchase medical or recreational cannabis. In six states, the only legal form of cannabis is CBD with THC, categorized as mixed legalization. In four states, cannabis is fully illegal with no decriminalization efforts. Illinois is one of 24 states that have fully legalized cannabis. The Illinois General Assembly has established two major Acts regarding cannabis legalization: The Compassionate Use of Medical Cannabis Program Act (410 ILCS 130) and the Cannabis Regulation and Tax Act (410 ILCS 705). While both Acts include regulatory measures against improper use and discrimination, there are key differences between them.
Illinois residents can legally possess 30 grams of cannabis flower, 5 grams of cannabis concentrate, and up to 500 mg of THC in cannabis-infused products. Non-residents can possess half these amounts. Non-citizens cannot purchase cannabis, as it could lead to deportation under federal law. While individuals can legally purchase and consume cannabis in Illinois, employers can still enforce zero-tolerance policies. The legalization Acts prohibit discrimination based on cannabis use, ensuring individuals cannot be refused employment, education, or housing solely due to cannabis use or possession of a medical cannabis card. Medical care, including organ transplants, must also not be denied based on cannabis use. Differences between recreational and medical cannabis use include priority of supply in dispensaries, the amount that can be purchased, and the ability to grow cannabis at home. Medical cardholders have priority in dispensaries, can purchase more cannabis, and are allowed to grow up to five plants at home, with certain restrictions. The Illinois Acts also regulate cannabis advertising and packaging. Advertising cannot be false or promote overconsumption and must not appeal to children. Ads cannot make health claims and must not be placed near schools, playgrounds, and other sensitive locations. Packaging must include warnings about cannabis use and be child- resistant.
Illinois has also addressed decriminalization and expungement of past cannabis-related offenses. Minor offenses, such as possession of 30 grams or less before June 25, 2019, should be automatically expunged. Those convicted of minor offenses can apply for expungement. Other charges may qualify for expungement based on the amount of cannabis and the nature of the conviction. Although federal law still classifies cannabis as a Schedule I drug, the US Department of Justice proposed reclassifying it as a Schedule III drug on May 21, 2024. This change would have significant implications for research, pharmaceutical development, and banking. It could reduce financial and operational challenges for cannabis businesses and open up more opportunities for research and development. The legalization of cannabis is reshaping various industries and aspects of life. As legislation evolves and more research is conducted, we will better understand the drug’s effects and potential benefits. This is a monumental shift, but it is also an evolving area of law and policy.
ARTICLES REFERENCED:
Ravitz, J. R., Mather A. C., Gadiock, P. S., Deepika, R., Daley, M. H., & Jackson, K. (2024, May 29). DOJ Proposes to Reschedule Marijuana (Cannabis) to Schedule III. McDermott Will & Emery. https://bit.ly/3NqHWxc
Congressional Research Service. (2024, May 2). The Federal Status of Marijuana and the Policy Gap with States. https://bit.ly/403NSnl
A.B. 130, 410 Illinois Compiled Statutes (IL. 2019). https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3503&ChapterID=35
A.B. 705, 410 Illinois Compiled Statutes (IL. 2019). https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3992&ChapterID=35
Marijuana Laws by State in 2024: A Legal Weed map and Short Guide to Regulation. (2023, December). O.Berk. Retrieved July 3rd, 2024, from https://www.oberk.com/marijuanalawsbystate
Cannabis Legalization and Expungement Basics. (2024, March 12). Illinois Legal Aid Online. Retrieved July 3rd, 2024, from https://www.illinoislegalaid.org/legal-information/cannabis-legalization-and-expungement-basics