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When Can I Buy Marijuana In Illinois?

Licensed sellers will be able to sell marijuana for recreational use in Illinois on January 1, 2020.

Who Can Buy Marijuana?

Anyone who is age 21 or older will be able to buy marijuana products from licensed sellers with or without a medical card.

Who Can Sell Marijuana Legally?

Only medical marijuana dispensaries will be able to sell marijuana for recreational use. In the future, there will be additional licenses open to different state-approved stores.

How Much Can I Possess Legally In Illinois?

Under the new law, it will be legal to possess approximately 30 grams of the cannabis plant. The legal limit for cannabis concentrate is five grams in a gummy or vape pen. Each vape pen typically comes in a cartridge that holds one half to one gram. The typical gummy is one-tenth of a gram, so it will be legal to have 50 of them at one time. People who are in Illinois but are not residents of Illinois will be allowed to possess half of these amounts.

Where Can I Smoke Marijuana Legally?

In Illinois, it will be legal to smoke in one’s own home and on site in some related businesses, but illegal to smoke in public places such as streets, parks, and school grounds without a medical card. It will also be prohibited in any motor vehicle. In addition, use near someone who is under the age of 21 will be prohibited, as well as near an on-duty school bus driver, police officer, firefighter, or corrections officer. Any business owner or landlord can choose to prohibit the use of marijuana on private property, and many colleges and universities will be allowed to ban marijuana.

Can I Grow Marijuana?

Medical marijuana patients who have a valid medical card will be allowed to grow five plants at a time. Individuals who are not medical marijuana users will not be allowed to grow marijuana at home and could be punished with a fee of up to $200 for doing so. The penalties will increase for anyone who has more than five plants. There will be a 10 percent sales tax on marijuana, a 20 percent tax on edibles, and a 25 percent tax on concentrations of 35 percent or higher. Illinois municipalities and counties will be able to levy additional local sales taxes as well as impose a seven percent gross receipts tax on the sale of marijuana from cultivators or dispensaries, which I’m sure will be passed on to consumers.

What Happens To Criminal Records Related To Marijuana?

People convicted for possession of under 30 grams of marijuana prior to legalization will have their records referred to the state’s prison review board and the governor for a pardon as long as those convictions were not associated with a violent crime. If the governor grants the pardon, then the attorney general would seek to expunge everything. Those convicted of possession between 30 to 500 grams will have the option of petitioning for expungement, which they could do themselves. The local state’s attorneys could pursue expungement on a case-by-case basis.

What About Driving Under The Influence?

Illinois already has laws on the books that make drivers with a THC blood concentration of five nanograms or more per milliliter of blood guilty of driving under the influence, regardless of whether they are impaired. This is a per se violation, just like a concentration of 0.08 for alcohol. If someone is found to have a THC blood concentration of more than five nanograms per milliliter, then they will be presumed impaired.

For more information on New Marijuana Laws In Illinois State, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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