Jan 10

On January 1, 2020, the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.) became effective in Illinois. Under this act, it is now legal to possess and use marijuana for recreational purposes in Illinois. This act also imposes specific limitations on the legal possession and use of marijuana. 

Personal Use of Marijuana

410 ILCS 705/10-5 details the new rules for personal use of marijuana in Illinois. Under Section 10-5, it is now legal for people over the age of 21 to:

  • Possess, consume, use, purchase, or transport marijuana, subject to the possession limits described in the following section;
  • Cultivate marijuana plants for personal use, if the cultivator is authorized for medical marijuana; and
  • Possess, use, purchase, or transport marijuana paraphernalia or similar devices. 

So long as a person conforms to the Cannabis Regulation and Tax Act, there will not be any civil or criminal charges related to marijuana possession. Similarly, the seizure or forfeiture of assets is no longer appropriate for marijuana possession.

Possession Limit for Marijuana

410 ILCS 705/10-10 establishes the possession limits for marijuana and related products. Under Section 10-10, it is lawful for Illinois residents over the age of 21 to possess a maximum of:

  • 30 grams of cannabis flower;
  • 5 grams of cannabis concentrate; and
  • 0.5 grams of THC in cannabis-infused products. 

Any Illinois resident approved for medical marijuana is also allowed to grow marijuana plants at their residence. Though there is a limit of five plants per household, and a five-inch limit per plant. 

Section 10-10 also institutes the possession limits for non-residents. Any non-resident over the age of 21 is allowed to possess a maximum of:

  • 15 grams of cannabis flower;
  • 2.5 grams of cannabis concentrate; and
  • 0.25 grams of THC in cannabis-infused products.

Furthermore, Section 10-10 provides that the possession limits above are to be considered cumulative. 

Restrictions on Marijuana

410 ILCS 705/10-35 creates certain restrictions on marijuana possession and use. Under Section 10-35, it is only legal to possess or use marijuana under limited circumstances. For example, Section 10-35 makes it unlawful to:

  • Use marijuana in public or a vehicle or at schools, correctional facilities, or child care centers;
  • Commit negligence, professional malpractice, or professional misconduct while under the influence of marijuana; 
  • Possess marijuana on school buses or grounds, correctional facilities, unsecured in vehicles, or at child care centers; 
  • Smoke marijuana in a location where smoking is prohibited under the Smoke Free Illinois Act; or
  • Operate any vehicle while under the influence of marijuana and incapable of driving safely.

Do You Need Legal Help?

No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.

The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.