Illinois is the latest state to roll the consumption and sale
of marijuana into the legal marketplace.
On June 25, Gov. J.B. Pritzker signed into law House Bill 1438, which will make
legal statewide the consumption of marijuana for nonmedicinal purposes. Legal
sales will begin Jan. 1, 2020.
The new law will allow all Illinois adults aged 21 and older to possess up to 30
grams of marijuana. Those using marijuana for medical purposes would be allowed
grow marijuana at home, although recreational users are still prohibited from
home growing.
HB 1438 also includes expungement provisions for those arrested for marijuana
possession prior to the new law. Those with convictions involving 30 grams of
marijuana or less will have their criminal records referred to the state’s
Prisoner Review Board and then to Gov. J.B. Pritzker for a pardon – as long as
those convictions were not associated with a violent crime. If the governor
grants the pardon, the Illinois attorney general will seek expungement. Those
convicted for possession of 30 to 500 grams of marijuana will also have the
option of petitioning for expungement themselves, or local state’s attorneys can
pursue expungement for those convictions on a case by case basis.
As of June 30, 2017, 372 people were serving prison sentences on cannabis
charges in Illinois, and 360 on parole, according to the Illinois Department of
Corrections’ Fiscal Year 2017 Annual Report.
The bill also creates a system of licensure for those looking to cultivate and
dispense marijuana in the marketplace, but with heavy startup costs. On top of a
$100,000 application fee, dispensaries would pay a Cannabis Business Development
Fee amounting to the lesser of 5% of the company’s total annual sales or a flat
$750,000 – “but not less than $250,000.”
State law has allowed Illinoisans to possess small amounts of marijuana without
criminal penalty since July 2016, when Gov. Bruce Rauner signed into law
Illinois’ decriminalization bill, which automatically expunged civil citation
records of anyone charged with possessing 10 or fewer grams of marijuana before
that law.
Illinois is the 11th state in the nation to legalize recreational marijuana, and
the second in the Midwest. In 2018, Michigan voters approved a referendum to
legalize marijuana. Illinois is the first state in the nation to legalize
recreational marijuana via the legislative process rather than through a ballot
initiative.
Here are the answers to commonly asked questions about what the new law will
mean for Illinoisans:
When can I buy marijuana in Illinois?
Consumers will be able to buy marijuana for recreational use from licensed
sellers on Jan. 1, 2020.
Who can buy marijuana?
Consumers aged 21 and older will be able to buy marijuana products from licensed
sellers in Illinois – with or without a medical marijuana card.
Who can sell marijuana legally?
Medical marijuana dispensaries will be the only legal sellers of marijuana for
recreational use in January 2020. Beginning in mid-2020, Illinois will grant
additional licenses to dozens of new stores, processors, cultivators and
transporters.
Up to 295 stores could be in operation in Illinois by 2022, according to
Marijuana Business Daily. But county and municipal governments will have the
power to decide whether to allow sellers to operate in their area.
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How much can I possess?
Illinoisans will be able to legally possess 30 grams, or about an
ounce, of cannabis flower. The legal limit for cannabis concentrate
is 5 grams. And the limit for cannabis-infused products, such as
edibles or tinctures, is 500 milligrams of THC, the chemical that
gets users high. Illinois visitors will be allowed to possess half
of those amounts.
Where can I smoke legally?
It will be legal to smoke in one’s own home and on-site in some
cannabis-related businesses.
Use is prohibited in:
-
Any public place, such as streets or parks
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In any motor vehicle
-
On school grounds, with the exception of
medical users
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Near someone under the age of 21
-
Near an on-duty school bus driver, police
officer, firefighter or corrections officer
Any person, business or landlord can prohibit use
on private property. Illinois colleges and universities will also be
allowed to ban marijuana use.
Can I grow marijuana?
Medical marijuana patients would be allowed to grow five plants at a
time. But non-patients are not allowed to grow marijuana at home –
punishable by a civil penalty of $200 for growing up to five plants.
Only Illinois’ 20 existing licensed medical marijuana cultivation
facilities will be licensed to grow marijuana initially. In 2020,
“craft growers” will be able to apply for licenses to cultivate up
to 5,000 square feet.
How will it be taxed?
Purchases of cannabis flower or products with less than 35% THC are
slapped with a 10% sales tax. Cannabis-infused products such as
edibles come with a 20% tax. Products with a THC concentration
higher than 35% come with a 25% tax. Illinois municipalities and
counties will be able to levy additional local sales taxes.
The new law also imposes a 7% gross receipts tax on the sale of
marijuana from cultivators to dispensaries – a cost that will likely
be passed on to consumers in the form of higher prices.
What happens to criminal records related to marijuana?
People convicted for possession of under 30 grams of marijuana prior
to legalization would have their records referred to the state’s
Prisoner Review Board and then to Gov. J.B. Pritzker for a pardon –
as long as those convictions were not associated with a violent
crime. If the governor grants the pardon, the Illinois attorney
general would then seek expungement.
Those convicted for possession between 30 to 500 grams would have
the option of petitioning for expungement themselves. Local state’s
attorneys could also pursue expungement for those convictions on a
case-by-case basis.
What about driving under the influence?
Illinois already has a law on the books that makes drivers with THC
blood concentration of five nanograms or more per milliliter guilty
of driving under the influence, regardless of whether the driver is
impaired. The new law creates a DUI Task Force led by Illinois State
Police to examine best practices for roadside testing.
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