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Frequently Asked Questions about the Cannabis Regulation

Posted on in Criminal Defense

b2ap3_thumbnail_shutterstock_661207471.jpgIllinois has joined the ranks of states like California and Colorado to legalize adult recreational use of marijuana.  Although the Cannabis Regulation and Tax Act (the “Act”) has been dubbed the most progressive marijuana bill in the country, it is certainly not without limits.  Here is what you need to know about the Act:

Who can buy marijuana?

Anyone 21 years of age or older.

When can I start buying marijuana? 

January 1, 2020.  Until then, possession of marijuana is illegal. 

How much marijuana can I buy? 

Under the Act, Illinois residents can purchase and possess:

  • Up to 30 grams of raw cannabis;
  • Infused products with up to 500 milligrams of THC; or
  • 5 grams of cannabis-concentrate products.

Non-residents can only purchase and possess quantities equal to half of the amounts allowed for Illinois residents. 

Who can I buy marijuana from? 

Marijuana can only be purchased from licensed sellers. 

Can I grow marijuana? 

It depends.  If you are a medical marijuana patient, then you can grow up to 5 plants at a time.  If you are not a medical marijuana patient, then you cannot grow marijuana, but by mid-year of 2020, “craft growers” may apply for a license to cultivate marijuana. 

Can I sell marijuana? 

No, unless you have been issued a license by the state.  When the Act takes effect, only the state’s existing medical marijuana cultivation centers will be allowed to sell.  By mid-year of 2020, however, the state will grant additional licenses to new stores, processors, and craft growers. 

Can I consume marijuana wherever I want? 

No.  There are several limitations and restrictions under the Act.  Limitations and restrictions include the following:

  • Marijuana consumption is prohibited in public places, like streets or parks;
  • An individual cannot consume marijuana in or near certain places, including schools;
  • An individual cannot smoke marijuana in any place where smoking is prohibited under the Smoke-Free Illinois Act;
  • An individual is also prohibited from consuming marijuana near an on-duty law enforcement officer, corrections officer, probation officer, or firefighter; and
  • Consuming marijuana is also prohibited when either operating, navigating or being in actual physical control of any motor vehicle, aircraft or motorboat.

Keep in mind:

  • Any person, business or landlord can restrict or prohibit marijuana consumption on private property;
  • Colleges and universities can ban marijuana consumption on campus; and
  • Employers can enforce drug-free or zero-tolerance policies, as well as discipline and terminate impaired employees.

The Act also allows for expungement of convictions for possession of marijuana.  For more details about expunging these types of convictions under the Act, check out our latest blog post here. 

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