Laws & Politics // January 22, 2020 // UrbanAroma Staff

Illinois Legalization: What You Need To Know

Illinois Legalization: What You Need To Know

The legalization of marijuana has been a hot topic as of late. With now 12 states having fully legal (recreational & medical) cannabis, including Washington D.C, and over 20 other states having medical, lobbying efforts have had a positive effect on the push to legalization. The most recent of these states to allow fully legal cannabis is Illinois as of January 2020. However, there are some rules.


How old do I have to be to purchase cannabis?

The law states that you need to be 21 years old and be purchasing from a licensed seller. Whether you’re buying with a medical card or not, the rules don’t change.


Is it legal to sell marijuana?

As of now, medical marijuana dispensaries are the only source of legal cannabis, whether it’s for recreational or medical purposes as of January 2020. Beginning in mid-2020, Illinois will be granting dozens of new licenses to stores, cultivators, and more.


What is the legal limit?

In Illinois, the legal limit depends on if you’re a resident or not. Residents of Illinois, can legally possess 30 grams of flower, 5 grams of cannabis concentrate, and 500 mg of THC in infused products, like edibles or tinctures. If you are an out of state visitor, you can possess half of those amounts.


Where is it legal to toke up?

Just like some other states before it, Illinois allows smoking in one’s home, as well as on-site in certain cannabis-related businesses.

However, here is where it is strictly prohibited:

  • Public places

  • Any Motor Vehicle

  • On school grounds (with exception of medical users)

  • Near someone under 21 years of age

  • Near an on-duty school bus driver, police, firefighter, or corrections officer

Any person, however, can prohibit use on private property.


So, let’s talk growing

Medical marijuana patients can grow up to 5 plants at a time. Recreational users are not allowed to grow whatsoever and has a penalty of $200 for growing up to 5 plants. Initially, only the 20 existing licensed medical marijuana cultivation facilities will be licensed to grow, however in 2020, “craft growers” will be able to apply for licenses to grow up to 5,000 square feet.


How will the cannabis be taxed?

Illinois taxing of cannabis products depends on the product, and even the strength of said product. Cannabis flower has a sales tax of 10%, if it’s under 35% THC. Infused products, such as edibles, come with a 20% tax. Any product with a THC concentration higher than 35% comes with a 25% tax. This new law will also impose a 7% gross receipts tax on the sale of marijuana from growers to dispensaries. This cost will most likely make the cannabis slightly more expensive for consumers.


Anything else?

Yes. Driving under the influence is a law that was already in place with cannabis in mind. Drivers with a THC blood concentration of 5 nano-grams or more per milliliter will be charged as guilty of driving under the influence, whether they are impaired or not.

Now these rules are state based, not city based. Make sure to find out if your city will plan to allow the sale of marijuana or not. The rules & taxes slightly change depending on the city so click here to find out what your city allows.


Source: Illinois Policy / Austin Berg