Illinois became the first state to legalize recreational marijuana through a legislative process rather than a ballot initiative. This landmark decision, enacted through House Bill 1438 signed into law on June 25, 2019, by Governor J.B. Pritzker, allows adults 21 and older to legally purchase and possess cannabis, effective January 1, 2020. This guide clarifies key aspects of the new law and addresses frequently asked questions.
Key Provisions of the Illinois Cannabis Regulation and Tax Act
The law establishes a comprehensive framework for the regulation and taxation of recreational marijuana in Illinois. Here are some key highlights:
- Legal Purchase Age: 21 years or older.
- Possession Limits: Up to 30 grams of cannabis flower, 5 grams of concentrate, and 500 milligrams of THC in edibles or tinctures. Out-of-state visitors are allowed half these amounts.
- Home Cultivation: Limited to medical cannabis patients, with a maximum of five plants. Non-medical users are prohibited from cultivating cannabis.
- Expungement: Individuals with prior convictions for possessing 30 grams or less of cannabis are eligible for expungement.
- Licensing: A rigorous licensing system is in place for cultivators, dispensaries, transporters, and processors, with significant startup costs and ongoing fees. Application fees are $100,000, and Cannabis Business Development fees are 5% of annual sales (minimum $250,000, maximum $750,000).
- Taxation: A tiered tax system applies, with a 10% sales tax on cannabis flower with less than 35% THC, 20% on cannabis-infused products, and 25% on products with over 35% THC. A 7% gross receipts tax is imposed on sales from cultivators to dispensaries. Additional local sales taxes may apply.
- Driving Under the Influence: Existing Illinois laws prohibit driving with 5 nanograms or more of THC per milliliter of blood.
Frequently Asked Questions
When can I legally buy recreational marijuana in Illinois?
Recreational marijuana sales began on January 1, 2020, at licensed dispensaries.
Who is eligible to buy recreational marijuana?
Individuals 21 years of age or older are eligible to purchase from licensed dispensaries. A medical cannabis card is not required.
Who is authorized to sell recreational marijuana?
Initially, only existing medical marijuana dispensaries were allowed to sell recreational marijuana. The state subsequently granted licenses to new cultivators, retailers, transporters, and processors. Marijuana Business Daily projected up to 295 retail stores operational by 2020.
Where is smoking marijuana legal?
Smoking is legal on private property and in licensed cannabis businesses. Smoking is prohibited in public places, vehicles, schools (except for medical use), near minors, and near certain public safety personnel. Landlords and businesses can prohibit cannabis consumption on their premises.
Can I grow my own marijuana?
Only medical cannabis patients with a valid prescription are permitted to cultivate up to five plants. Non-medical cultivation is illegal and subject to a $200 civil penalty.
