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posted on 1/24/20

Illinois recently joined Michigan in legalizing recreational cannabis. As of January 1, 2020, Illinois residents can legally purchase up to one ounce, or 30 grams of marijuana plant materials. Residents can also legally purpose up to five grams of cannabis concentrate products and edibles with 500mg or less of THC. However, marijuana use is still prohibited on a federal level. Additionally, the use of recreational marijuana is still unlawful in Wisconsin, Iowa, Kentucky, Missouri, and Indiana — all states that border Illinois. What happens when someone takes marijuana purchased legally in Illinois into a neighboring state?

Illinois Officials are Warning Residents Against Carrying Marijuana Over State lines

Illinois residents who legally purchase recreational marijuana in Illinois cannot transport marijuana across state lines. For example, if someone purchased one ounce of marijuana in Illinois and drove into Wisconsin, he or she would be subjected to Wisconsin’s laws. Wisconsin law enforcement could arrest the Illinois resident for possession of marijuana. Additionally, if a Wisconsin resident crossed the state line, purchased marijuana and went back home, he or she would be in violation of Wisconsin’s laws.

State officials have provided ample warnings about bringing marijuana back to states in which it is still illegal. Nonetheless, many customers continue to cross into Illinois and Michigan, purchase recreational marijuana products, and then take the products back to their home states. Some of Illinois’ neighboring states allow the use of marijuana for medicinal purposes in very limited circumstances. None of Illinois’ neighboring states, with the exception of Michigan, allow the use of marijuana for recreational purposes.

How Will Canna-Tourism Affect Illinois?

Marijuana enthusiasts have been engaging in canna-tourism, specifically vacationing in states that allow legal recreational marijuana use. Canna-tourism helps marijuana retailers in highly populated areas like Chicago and Las Vegas. One study in Colorado found that 9% of the total demand from cannabis came from canna-tourists who came to Colorado specifically to use cannabis. In Nevada, visitors to Nevada purchased 25% of total cannabis sold. Smaller retailers, however, may have a more difficult time finding a local customer base.

Under Illinois’ new recreational marijuana law, non-Illinois residents cannot purchase as much marijuana as residents. Dispensaries in Illinois are training their employees accordingly. Employees must remind nonresidents that they cannot take marijuana products back to their home state. Surrounding states have also promised to strictly enforce their current restrictions on marijuana use.

Now that Illinois has legalized marijuana, the legal marijuana market might once again be shaken up. With more legal options for purchasing marijuana, will dispensaries struggle to compete with the other states that have legalized marijuana? Or will consumer demand within Illinois provide enough customers for local retailers to stay in business? Many Illinois shops ran out of marijuana stock only six days after recreational marijuana use became legal.

Our Criminal Defense Attorneys Can Help

Recreational use of marijuana is legal in Illinois. However, residents can still face prosecution for marijuana-related crimes. If you have been charged for a marijuana-related crime, contact the skilled criminal defense attorneys at Glasgow & Olsson today.