Illinois Cannabis Laws & Regulations
Illinois boasts the 6th largest population and the 5th largest GDP in the U.S. Chicago is Illinois’ largest city and is a major transportation and industrial hub. In the city of Chicago, the O’Hare International Airport is a bustling hub of cargo and passenger traffic. Chicago is also connected to international ports through the Great Lakes and Mississippi River.
Illinois was the 11th state to allow recreational cannabis. Illinois became an adult-use cannabis state in 2020 and was the first state to pass recreational cannabis sales through the state legislature instead of by citizen vote. While Vermont was the first state to legalize recreational cannabis use by the legislature, they did not provide for the actual sale of adult-use cannabis products until after Illinois.
In 2018, Illinois enacted a program designed to promote cannabis use for patients over opiates. Their goal was to reduce deaths from opiates in the state, and the program became permanent in 2019. In addition, Illinois added more qualifying medical conditions for the use of cannabis. Currently, the Illinois medical marijuana program has over 64,000 active patients. In total, there are 130 cannabis dispensaries in Illinois, and nearly half service medical cannabis patients. Under state regulation, Illinois can issue up to 110 craft growers and 110 cannabis infusers. Only five approved cannabis testing facilities are located in Illinois.
Is Weed Legal in Illinois?
YES. Adults aged 21 and over can legally purchase marijuana for medicinal or recreational use in the state of Illinois. Individuals under 21 can use medical cannabis with a valid medical cannabis registration.
Weed Legalization in Illinois
The Cannabis Control Act of 1978 was intended to reduce penalties for cannabis use and possession. When the Cannabis Control Act was passed in Illinois, technically, the language allowed for medical marijuana use. However, no physicians were permitted by the Department of Human Services to recommend cannabis.
Before Illinois truly legalized medical marijuana in 2013 with the Compassionate Use of Medical Cannabis Program, possession of cannabis had been illegal since 1818. In 2016, Illinois reduced the penalty for possession of 10 grams or less of cannabis to a small fine.
As of 2024, the consumption of cannabis is legal for medicinal and recreational use in the state of Illinois. The state legislature passed the Illinois Cannabis Regulation and Tax Act in May of 2019, legalizing the adult use and sale of cannabis. Illinois intends to expunge marijuana convictions for residents affected by the War on Drugs by 2025.
These expungements are automatic but will not expunge court records. Those affected by cannabis arrests and convictions in Illinois will still need to file a Motion to Vacate and Expunge their records to get rid of court records. Requests for expungement may also be filed earlier for those who want to start automatic expungement immediately.*
*Note that you must wait at least one year after your arrest before you can file the request for expungement.
Where to Buy Legal Cannabis in Illinois
In Illinois, adults 21 and over can purchase cannabis from state-licensed dispensaries. Individuals under the age of 21 can obtain an Illinois medical cannabis card if they meet the requirements. Medical marijuana patients under age 18 must have a parent or legal guardian listed as a caregiver and may only use cannabis-infused products.
Illinois cannabis taxes for adult-use customers are determined by the level of THC in products and the type of products.
- 10% retail excise tax for less than 35% THC
- 25% retail excise tax for products with more than 35% THC
- 20% retail excise tax for infused products such as edibles
Individual municipalities can charge an additional ‘occupation’ tax in 0.25% increments not exceeding 3%. Counties can also charge an ‘occupation’ tax on cannabis sales, imposed in 0.25% increments. County taxes may not exceed:
- 3.75% of the gross receipts of sales made in unincorporated areas of the county
- 0.75% of the gross receipts of sales made in a municipality located in a non-home rule county
- 3% of the gross sales receipts made in a municipality located in a home-rule county.
In total, taxes can exceed 45% for recreational cannabis sales when you account for the 6.75% state sales tax. Illinois medical marijuana patients are exempt from excise taxes but not occupation or sales taxes.
Tax revenue from Illinois cannabis sales is distributed first to the state agencies to pay for administrative costs to run the adult-use cannabis program. The remaining funds are then distributed as follows:
- 35% will be transferred to the General Revenue Fund
- 25% will be transferred to the Criminal Justice Information Projects Fund to support the R3 program
- 20% will be transferred to the Department of Human Services Community Services Fund to address substance abuse, prevention, and mental health concerns
- 10% will be transferred to the Budget Stabilization Fund to pay the backlog of unpaid bills
- 8% will be transferred to the Local Government Distributive Fund to support crime prevention programs, training, and interdiction efforts, including detection, enforcement, and prevention efforts relating to the illegal cannabis market and driving under the influence of cannabis
- 2% will be transferred to the Drug Treatment Fund to fund public education and support data collection and analysis of the public health impacts of legalizing cannabis for recreational purposes.
Is Cannabis Delivery Available in Illinois?
NO, marijuana delivery is not available for either medicinal or recreational purposes in the state of Illinois. While the Illinois legislature is working on several bills to permit cannabis delivery services, none have been passed to date.
Where Can You Legally Use Weed in Illinois?
Cannabis can be legally used in the following areas in Illinois:
✅ Private properties such as residences
✅ Businesses with a commercial cannabis consumption license
Cannabis CANNOT be consumed in:
❌ Public spaces
❌ Close proximity to individuals under 21 who are not Illinois medical cannabis patients.
❌ Areas where smoking is prohibited per the Smoke-Free Illinois Act
❌ Businesses that lack a license for commercial cannabis consumption
❌ Motorized vehicles for both driver and passengers
What are the Restrictions on Cannabis Possession in Illinois?
Illinois residents aged 21 and above may purchase and possess up to:
- Cannabis flower: 30 grams
- Cannabis concentrates: 5 grams
- Cannabis-infused product: 500mg of THC
Non-residents aged 21 and above may purchase and possess up to:
- Cannabis flower: 15 grams
- Cannabis concentrates: 2.5 grams
- Cannabis-infused product: 250mg of THC
Growing cannabis at home is not allowed unless you are a valid Illinois medical marijuana patient.
For medicinal use:
- Cannabis flower: Over 30 grams if grown and secured in their residence.
- Cannabis concentrates: 5 grams
Medical cannabis patients can grow no more than five plants that are 5 inches or taller.
During vehicular transportation:
- Cannabis must be sealed in a smell-proof and child-proof container.
(Source: Illinois General Assembly Compiled Statutes)
Have Questions About Getting a Medical Card in Illinois?
Learn more about medical cannabis in Illinois with our extensive set of patient resources:
