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Kane County State's Attorney Podcast

Is Pot Legal In Illinois?

By Samuel Partida, Jr.

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

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,

“(a) Except if otherwise authorized by this Act, for a person who is 21 years of age or older and a resident of this State, the possession limit is as follows:


(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,

“(b) Notwithstanding any other provisions of law authorizing the possession of medical cannabis, nothing in this Act authorizes a person who is under 21 years of age to possess cannabis. A person under 21 years of age with cannabis in his or her possession is guilty of a civil law violation as outlined in paragraph (a) of Section 4 of the Cannabis Control Act.
(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,

“a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, any of the following conduct…
(2) possessing cannabis: (D) in a vehicle not open to the public unless the cannabis is in a reasonably secured sealed, container and reasonably inaccessible while the vehicle is moving; or…

(3) using cannabis:
(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…

4) smoking cannabis in any place where smoking is prohibited under the Smoke Free Illinois 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 gramsClass A Misdemeanor
100 to 500 gramsClass 4 Felony
500 to 2,000 gramsClass 3 Felony
2,000 to 5,000 gramsClass 2 Felony
Over 5,000 gramsClass 1 Felony

The law exactly says that,

“Except as otherwise provided in the Cannabis Regulation and Tax Act and the Industrial Hemp Act, it is unlawful for any person knowingly to possess cannabis. Any person who violates this Section with respect to:

(c) more than 30 grams but not more than 100 grams of any substance containing cannabis is guilty of a Class A misdemeanor; provided, that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 4 felony;

(d) more than 100 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class 4 felony; provided that if any offense under this subsection (d) is a subsequent offense, the offender shall be guilty of a Class 3 felony;

(e) more than 500 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 3 felony;

(f) more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 2 felony;

(g) more than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony.”

720 ILCS 550/4. Cannabis Control Act.

Learn More About The Illinois Felony Classifications

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 gramsClass B Misdemeanor
2.5 to 10 gramsClass A Misdemeanor
10 to 30 gramsClass 4 Felony
30 to 500 gramsClass 3 Felony
500 to 2,000 gramsClass 2 Felony
2,000 to 5,000Class 1 Felony
Over 5,000Class X Felony

The law exactly says that,

“Except as otherwise provided in the Cannabis Regulation and Tax Act and the Industrial Hemp Act, it is unlawful for any person knowingly to manufacture, deliver, or possess with intent to deliver, or manufacture, cannabis. Any person who violates this Section with respect to:

(a) not more than 2.5 grams of any substance containing cannabis is guilty of a Class B misdemeanor;

(b) more than 2.5 grams but not more than 10 grams of any substance containing cannabis is guilty of a Class A misdemeanor;

(c) more than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class 4 felony;

(d) more than 30 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class 3 felony for which a fine not to exceed $50,000 may be imposed;

(e) more than 500 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 2 felony for which a fine not to exceed $100,000 may be imposed;

(f) more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony for which a fine not to exceed $150,000 may be imposed;

(g) more than 5,000 grams of any substance containing cannabis is guilty of a Class X felony for which a fine not to exceed $200,000 may be imposed.

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.

“(a) A person shall not drive or be in actual physical control of any vehicle within this State while:

(4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;

(7) the person has, within 2 hours of driving or being in actual physical control of a vehicle, a tetrahydrocannabinol concentration in the person’s whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code. Subject to all other requirements and provisions under this Section, this paragraph (7) does not apply to the lawful consumption of cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Program Act who is in possession of a valid registry card issued under that Act, unless that person is impaired by the use of cannabis.”

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,

“(a) No driver may use cannabis within the passenger area of any motor vehicle upon a highway in this State.

(b) No driver may possess cannabis within any area of any motor vehicle upon a highway in this State except in a sealed, odor-proof, child-resistant cannabis container.

(c) No passenger may possess cannabis within any passenger area of any motor vehicle upon a highway in this State except in a sealed, odor-proof, child-resistant cannabis container.

(d) Any person who knowingly violates subsection (a), (b), or (c) of this Section commits a Class A misdemeanor.

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

Where’s Samuel Partida, Jr.?

Samuel Partida, Jr.Samuel Partida, Jr. is now prosecuting criminal law cases in an Illinois county near you. He is, therefore, unavailable to answer questions on this site. Always remember, there is no substitute for steady, persistent attention to the cases.

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