What Is Most Important To Know About Illinois’ Cannabis Laws?

Recreational marijuana use was previously illegal throughout the United States, but that has changed in recent years in many states, Illinois being one of them. In Illinois, since Jan. 1, 2020, adults (over 21 years of age) can legally buy marijuana for recreational use from licensed dispensaries.

However, marijuana use is still illegal at the federal level, and there are many restrictions in Illinois state law, so it is logical to wonder if drug possession charges are still possible. Learn more below, and talk to our Mount Prospect drug possession lawyers if you have questions.

What Is Legal Cannabis Possession In Illinois?

Illinois has legalized marijuana possession for personal use by adults who are 21 and older, but there are limits:

• For residents of Illinois, you may not possess more than 30 grams of cannabis flower, 500 milligrams of THC, or five grams of cannabis concentrate.
• For non-residents of Illinois, you cannot possess more than 15 grams of cannabis flower, 250 milligrams of THC, or 2.5 grams of cannabis concentrate.

State law also limits where you can possess and use marijuana legally. For example, the law disallows possession on school grounds or in private vehicles unless it is sealed and not accessible to the driver. You also may not smoke marijuana in a public place, in a car, on school grounds, or where smoking tobacco is not permitted.

The law also states that the Secretary of State can suspend or revoke the driver’s license of anyone under 21 who possesses marijuana in a motor vehicle. A parent also can be charged with a Class A misdemeanor if they knowingly permit anyone under the age of 21 the use of marijuana at their residence or in their vehicle.

Also, the delivery or sale of cannabis in Illinois is illegal except by authorized cannabis business establishments. The punishment for delivering or possession with the intent to deliver cannabis in Illinois depends on the amount:

• Up to 2.5 grams is a Class B misdemeanor that can be punished by up to six months in jail and a maximum $1,500 fine.
• Between 2.5 and 10 grams of cannabis is a Class A misdemeanor that can be punished by up to a year in jail and a maximum fine of $2,500.
• More than 10 grams of cannabis but not more than 30 grams is a Class 4 felony that can be punished by up to three years and a maximum fine of $25,000.

What About DUI And Cannabis Use?

You can be charged with a DUI in Illinois for driving under the influence of cannabis or other drugs. There are ways for the police to test your blood to determine if you are illegally under the influence of drugs similar to alcohol.

Contact Our Mount Prospect Drug Possession Lawyers Today

While, in some circumstances, it is legal to use and possess marijuana in Illinois, there are many restrictions, and it is easy to run afoul of the law and be charged with a crime. Contact our drug possession lawyers in Mount Prospect at Villadonga & Villadonga Attorneys at Law at (847) 298-5740 for help with your case.