Illinois legalized it.
Well, it’s more like they decriminalized small amounts of marijuana. Certain amounts of cannabis possession in Illinois still remain illegal.
Links & Resources
- Cannabis Regulation and Tax Act
- Cannabis Control Act
- Illinois Vehicle Code
- The Sniff & Search Law – 625 ILCS 5/11-502.15
How Much Weed Can I Have In Illinois?
The passing of the Illinois Cannabis Regulation and Tax Act did not completely legalize all amounts of marijuana possession.
The new law makes it clear that possessing over 30 grams of cannabis remains illegal in Illinois.
The law exactly says that,
(1) 30 grams of cannabis flower;
(2) no more than 500 milligrams of THC contained in cannabis-infused product;
(3) 5 grams of cannabis concentrate; and
(4) for registered qualifying patients…”
410 ILCS 705/10-10. Possession Limit.
How Old Do I Have To Be To Legally Possess Pot In Illinois?
Anyone under the age of 21 years is strictly forbidden from using or possessing cannabis in Illinois.
The law exactly says that,
(c) If the person under the age of 21 was in a motor vehicle at the time of the offense, the Secretary of State may suspend or revoke the driving privileges of any person for a violation of this Section under Section 6-206 of the Illinois Vehicle Code and the rules adopted under it.”
410 ILCS 705/10-15. Persons under 21 years of age.
Where Can I Have My Weed?
Further Limitations And Prohibition Of Cannabis In Certain Places
Cannabis decriminalization in Illinois seeks to make consumption of cannabis a private affair. Use of cannabis in public or in a vehicle is still prohibited.
The law says that,
(D) in any motor vehicle;
(F)…in any public place; or
(G) knowingly in close physical proximity to anyone under 21 years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Program Act…
410 ILCS 705/1-35. Limitations and penalties.
The Following Amounts Of Cannabis Remain Illegal:
The Cannabis Control Act Still Criminalizes Possession Of Certain Amounts Of Cannabis.
Possession of more than 30 grams of cannabis is a Class A Misdemeanor in Illinois. Amounts above 100 grams is considered a felony offense. See the classifications listed below:
30 to 100 grams | Class A Misdemeanor |
100 to 500 grams | Class 4 Felony |
500 to 2,000 grams | Class 3 Felony |
2,000 to 5,000 grams | Class 2 Felony |
Over 5,000 grams | Class 1 Felony |
The law exactly says that,
720 ILCS 550/4. Cannabis Control Act.
Learn More About The Illinois Felony Classifications
- Class X Felony
- Class 1 Felony
- Class 2 Felony
- Class 3 Felony
- Class 4 Felony
- Class A Misdemeanor
- Class B Misdemeanor
Delivery And Possession With Intent To Deliver Cannabis Remains Strictly Illegal
Additionally, delivery of anything above 2.5 grams is strictly criminal. Violations range from Class B Misdemeanors up to a Class 1 Felony. See below:
Under 2.5 grams | Class B Misdemeanor |
2.5 to 10 grams | Class A Misdemeanor |
10 to 30 grams | Class 4 Felony |
30 to 500 grams | Class 3 Felony |
500 to 2,000 grams | Class 2 Felony |
2,000 to 5,000 | Class 1 Felony |
Over 5,000 | Class X Felony |
The law exactly says that,
720 ILCS 550/5. Cannabis Control Act.
The Illinois Vehicle Code Still Criminalizes Cannabis Related DUI’s
Driving under the influence of cannabis remains illegal and is considered a DUI.
625 ILCS 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.
Can I Smoke Weed In My Car If I Don’t Drive?
No. The Illinois Vehicle Code Criminalizes Consumption And Possession Of Cannabis In A Car. See 625 ILCS 5/11-501.15
The “Sniff & Search” law says you have committed a class A Misdemeanor if you have opened weed in your car. The law criminalizes possession and use of cannabis in a vehicle under certain conditions.
The exact law says,
625 ILCS 5/11-502.15. Possession of adult use cannabis in a motor vehicle.
To Summarize…
Illinois has decriminalized 30 grams and under of cannabis. You can still be charged with a crime if you possess amounts above that limit. Additionally,
- Selling, Delivering and Possession With Intent Of All Amounts Remains Illegal
- You Still Can’t Smoke Pot And Drive
- You Can’t Smoke In Public Or In Your Car
- No One Under 21 Years Of Age Can Legal Possess Pot
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