Se habla Español | Wir sprechen Deutsch | Mówimy po polsku
Spanish Translation German Translation Polish Translation
Contact us for your initial consultation
847.577.8700
posted on 1/31/22

Recreational marijuana became legal in Illinois on January 1st, 2020. On that date, Illinois became the 11th state to allow residents to use limited amounts of recreational marijuana legally. Now Illinois residents can grow, use, and sell small quantities of marijuana, and people can still use medical marijuana in limited circumstances. Many people do not realize that even though Illinois and other states have made marijuana legal, it is still against federal law to possess and use marijuana.

Illinois’ Recreational Marijuana Laws

It is essential that Illinois residents understand what types of marijuana use are legal in Illinois, to avoid unexpected criminal charges. Adults over 21 can possess up to 30 grams of marijuana legally. Adults over 21 can also legally possess up to 500 grams of THC, which is the active ingredient in the marijuana plant that makes people high. They can also possess and use up to five grams of marijuana concentrate, such as a medicated cream or oil.

When determining whether a person violates Illinois’ new marijuana law, law enforcement will calculate weight based on the total weight of the products for items like edibles. For example, if someone has pot brownies that weigh over 500 grams, they will violate the law and can be charged with possession of marijuana.

One of the issues criminal defense attorneys expect to encounter involves weighing marijuana and THC. There is not any standard size or wait for edible marijuana products, for example. As a result, the number of them a person can possess will vary based on the item. If law enforcement officers make an error when weighing marijuana-related products, the defendant can argue that he or she should not face charges.

Other Marijuana Violations

Private sales of marijuana are still prohibited. For example, you cannot purchase a pot brownie, decide you do not want it, and sell it to your friend. Residents can only buy cannabis products from a state-approved dispensary. Also, consuming or smoking weed is illegal in all motor vehicles in public spaces. A person’s front porch may be considered a public space. Even if you are sitting in a parked vehicle, you cannot consume marijuana without potentially facing criminal charges. It is better to be safe and consume marijuana in private than be sorry when it comes to violating Illinois marijuana law.

What if I Vacation in Illinois and Used Marijuana?

Many people from Wisconsin and surrounding states come to Illinois on vacations or to visit family members. Non-Illinois residents can use marijuana when they visit Illinois, but they are only allowed to legally possess half of what an Illinois resident can have while they are in Illinois. Additionally, a person cannot purchase marijuana products in Illinois and then transport them back to a home state that still prohibits marijuana.

Contact a Chicagoland Criminal Defense Attorney

At Glasgow & Olsson, our award-winning criminal defense lawyers have a proven track record of success in many high-profile state and federal criminal cases. Contact Glasgow & Olsson today to schedule your initial consultation to learn how our legal team can fight for your rights if you have been charged with a drug-related crime.