Illinois Weed Legalization Guide
The Illinois General Assembly passed a HB 1438 legalizing recreational marijuana use and sale in the state for adults on May 31, 2019. Governor JB Pritzker signed the bill into law on June 25.
Illinois is the 11th state to legalize marijuana.
When will marijuana be legal in Illinois? January 1, 2020.
Who will be able to purchase marijuana legally? Adults aged 21 and over.
How much marijuana can be legally purchased or possessed? Up to 30 grams, or about one ounce, of marijuana plant material, edibles totaling no more than 500mg of THC, and five grams of cannabis concentrate products. Non-residents will be able to purchase half those amounts.
RELATED: Will your city or town sell recreational marijuana?
How will marijuana be taxed? There is a graduated tax set up for recreational marijuana in Illinois:
- Marijuana and cannabis-infused products with less than 35% THC will be taxed at 10% of the purchase price
- Cannabis-infused products with more than 35% THC will be taxed at 20% of the purchase price
- Marijuana with more than 35% THC will be taxed at 25% of the purchase price
Medical marijuana is exempted from these taxes. Individual municipalities can also levy additional taxes on recreational marijuana if they choose to, in .25% increments not exceeding 3.75% in unincorporated areas of a county, .75% in a municipality located in a non-home rule county, and 3% in municipalities located in home rule counties.
Can I grow my own marijuana? Only medical marijuana patients will be able to grow plants at home. They are limited to five plants.
Will I be able to smoke wherever I want? No, you will not be able to smoke marijuana in public legally. Consumption in private residences will be legal. Local jurisdictions will be able to decide for themselves if they allow dispensaries to let people smoke on-site.
Who will be selling marijuana? On January 1, existing medical marijuana cultivators and dispensaries will begin selling to adults until new licenses are approved. Per the law, the state will begin receiving and processing new licenses on March 15, 2020 and new dispensary licenses will be issued starting on May 1, 2020. Another round of licenses will not be issued until after the state completes a disparity and market study of the industry. The second round of licenses must take into account the study's findings.
What about people in jail for marijuana? The law allows for people convicted of possession of under 30 grams prior to legalization to have their records referred to the Prisoner Review Board and Governor Pritzker for pardon. If the pardon is granted, the Illinois attorney general will move to expunge their records. Those convicted of possession of larger amounts can petition for expungement themselves. Local state's attorneys can also pursue expungements on a case by case basis. Cook County State's Attorney Kim Foxx has stated she supports marijuana legalization in Illinois, and that her office will expunge all misdemeanor marijuana convictions once it becomes legal. She also said the State's Attorney's Office is currently looking at its policy on prosecuting people who have been detained for selling marijuana once it becomes legal in the state.
WATCH: Legislators' emotional reaction after marijuana bill passes Illinois House
PREVIOUS COVERAGE
2020
O'Hare, Midway airports add boxes for travelers to dump marijuana
Chicago marijuana dispensary in Logan Square burglarized
Some Chicago marijuana dispensaries low on supply; $10.8M in pot products sold since Jan. 1
High demand for recreational marijuana leaves some Chicago dispensaries with low supply
Illinois marijuana sales top $5.4M in first 2 days of legalization
Illinois marijuana sales nearly $3.2M on first day; new dispensary applications due Thursday
Illinois recreational marijuana dispensaries begin sales on first day of legalization
2019
Newsviews: Recreational Marijuana Becomes Legal In Illinois Jan. 1
Long lines, high demand expected on first day of legal marijuana in Illinois
Chicago dispensaries, medical marijuana patients stock up ahead of legalization on January 1
Governor JB Pritzker issues 11K pardons for marijuana convictions
Marijuana arrests plummet in Illinois' 5 largest suburbs
Chicago cannabis coordinator lays out do's and don'ts for legal weed in 2020
Illinois legal weed poses challenge for companies with zero tolerance policies
Officials: Please don't bring weed to the airport, even when it's legal
Chicago marijuana sales to start on time, City Council votes down ordinance
Recreational marijuana sales could be delayed in Chicago after committee passes ordinance
Mayor Lighfoot wants city-owned pot cooperative to help minority investors
Local Cannabis Social Equity applicants want licenses, struggle with application
Evanston plans to use revenue from recreational marijuana for reparations
Cook County State's Attorney Kim Foxx files motions for 1,000 cannabis conviction clearances
Chicago Police Department releases marijuana facts video on where you can, can't smoke
City to hold 2 additional community meetings on recreational marijuana
Illinois cities, businesses prepare for legal recreational marijuana sales in 1 month
Mayor Lori Lightfoot proposes reducing penalties for marijuana use in Chicago
Cresco Labs launches program to help minority entrepreneurs open marijuana dispensaries
City to hold community meetings on recreational marijuana sales
Illinois approves 26 businesses to offer safety training to marijuana sellers
Carol Stream police developing marijuana test for drivers, say it won't hold up on its own
Naperville City Council votes to not allow sale of recreational marijuana
Despite legalization, public marijuana use remains prohibited in Illinois
Illinois marijuana legalization bill signed into law Tuesday by Governor JB Pritzker
Overtime produces Illinois budget, construction, taxes
Illinois House passes marijuana legalization bill, approves balanced budget
Illinois House could vote to legalize marijuana Friday
Illinois Senate passes marijuana legalization bill, sends it back to Illinois House
Legal marijuana will be for sale in Illinois by January 1, Pritzker predicts
Illinois lawmakers push to legalize marijuana
2018
Mayor Emanuel outlines plans to use marijuana legalization, casino to pay for pensions
Illinois marijuana legalization push gets huge boost with Pritzker win
Recreational marijuana wins big, if non-binding, vote in Illinois Primary
State lawmakers hold 4th hearing on marijuana legalization
2017
Legal pot referendum could end up on March ballot
Cook Co. commissioner renews call to legalize marijuana in Illinois
