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.
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.
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.
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Only people 21 and over can legally possess or use marijuana. You can legally possess 1 ounce of usable cannabis, 16 ounces of cannabis edibles in solid form, and 72 ounces in liquid form in the state. The law bans all public use of marijuana. Oregon residents are able to cultivate up to 4 living plants. Most cities ban recreational stores.