In June 2019, Governor J.B. Pritzker signed The Cannabis Regulation and Tax Act into law, effective January 1, 2020. The law legalizes recreational marijuana for adults. Additionally, the law expands the licensing system for cannabis. This means certain defendants who have been convicted of criminal marijuana laws can seek expungement of their criminal records under the law.
Medical marijuana patients will have the ability to grow their own cannabis at home. Illinois is only the 11th state to have legalized marijuana. However, just like alcohol, not all use and possession of marijuana is legal. Illinois residents should be aware that they can still face criminal charges for marijuana-related crimes.
Residents Cannot Use Marijuana Wherever They Would Like
Illinois residents generally may only consume marijuana privately. Smoking marijuana in public places is still prohibited. Local cities and towns have a right to decide whether or not they will permit people to smoke at marijuana dispensaries.
Just like alcohol, use is prohibited:
- In any public place, such as streets or parks
- In any motor vehicle
- On school grounds, including most college campuses, with the exception of medical users
- By anyone under the age of 21
- Near someone under the age of 21
- Near an on-duty school bus driver, police officer, firefighter, or corrections officer
- How Much Marijuana Can an Illinois Resident Possess or Purchase?
An Illinois resident can possess:
- Up to one ounce, or 30 grams, of marijuana plant materials
- Marijuana edibles that total less than 500mg of THC
- Up to five grams of cannabis concentrate products
People who are non-residents of Illinois but who are visiting Illinois have the right to purchase half of the amounts listed above while they are in Illinois. Possessing or selling amounts of marijuana in excess of what is allowed by the law is still illegal. For those who regularly use marijuana, it is important to make sure that you do not exceed the quantities allowed.
Can an Illinois Resident Grow His or Her Own Marijuana?
No, only qualified medical marijuana patients have the right to grow marijuana plants at home. Not all medical conditions qualify a person to grow medical marijuana at home. Qualified medical marijuana patients can only grow five plants at a time in their homes. In 2020, “craft growers” will be able to apply for licenses to cultivate up to 5,000 square feet.
How Will Marijuana 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 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.
What Happens to People Who are Serving Jail Time for Marijuana Crimes?
The Cannabis Regulation and Tax Act authorizes defendants who are serving time for marijuana-related crimes to apply to have their records expunged. The governor will automatically expunge convictions for possession of up to 30 grams of marijuana.
Those who were convicted of marijuana possession for 30-500 grams must petition the Prisoner Review Board. The Illinois Governor can then pardon them. When pardoned, the attorney general of Illinois can expunge their records of the marijuana-related crimes. As many as 770,000 criminal records related to cannabis will be eligible for expungement.
Timeline for the New Cannabis Law
On January 1, 2020, recreational marijuana sales will begin. Marijuana cultivators and dispensaries will be able to sell marijuana to adult customers. Applications for new dispensary licenses are due on January 1. On May 1, 2020, the state will issue new dispensary licenses. Keep in mind that possession of over 30 grams of marijuana is still illegal in Illinois. If you are facing a marijuana-related criminal charge, contact the skilled criminal defense attorneys at Glasgow & Olsson.