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 Here are the answers to commonly asked questions about what the
new law means for Illinoisans:
When can I buy marijuana in Illinois?
Consumers can buy marijuana for recreational use from licensed sellers, as of
Jan. 1, 2020.
Who can buy marijuana?
Consumers aged 21 and older can buy marijuana products from licensed sellers in
Illinois – with or without a medical marijuana card.
Who can sell marijuana legally?
Medical marijuana dispensaries are 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.
How much can I possess?
Illinoisans can 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 are allowed to possess
half of those amounts.
Where can I smoke legally?
It is legal to smoke in one’s own home and on-site in some cannabis-related
businesses.
Use is prohibited in:
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Any public place, such as streets or parks
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In any motor vehicle
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On school grounds, with the exception of medical users
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Near someone under the age of 21
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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 are also allowed to ban marijuana
use.
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Can I grow marijuana?
Medical marijuana patients are 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 are 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 will 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 have the
option of petitioning for expungement themselves. Local state’s
attorneys can also pursue expungement for those convictions on a
case-by-case basis.
On Dec. 31, Pritzker pardoned more than 11,000 people convicted of
low-level marijuana offenses.
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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