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 will be the 11th state to legalize marijuana.

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Illinois is on the verge of making recreational marijuana legal in the state.

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.

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: Legislator's emotional reaction after marijuana bill passes Illinois House
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State Representative Carol Ammons from Urbana, Illinois, spoke passionately after the Illinois House voted 66 to 47 to pass the recreational marijuana bill on Friday afternoon.


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