Illinois Marijuana Laws

Current Legality State
Fully Legal
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Illinois State Information Page

  • Medical and recreational use is legalized.
  • Decriminalized statewide for personal use
  • Adult residents may legally possess 30 grams of cannabis flower, five grams of marijuana concentrate, and up to 500 milligrams of THC in a cannabis-infused product.
  • Cultivation of up to five plants per residence with a medical card is allowed for medical users with a qualifying medical condition.
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Medical Cannabis Savings

Taxes explained and the benefits of getting your medical card in Illinois

Recreational Marijuana Taxes in Illinois

Up to 31.25% (6.25% sales tax + up to 25% based on THC content)

Medical Marijuana Taxes in Illinois

1% tax

medical-card

Savings​

Estimated Savings Having a Medical Marijuana Card
5.25% - 30.25%

Recreational marijuana use has been legal for adult use in Illinois since 2020 for adults, and medical marijuana has been legal since 2013 for medical marijuana patients and caregivers that are cardholders.  

State Laws and Offenses

Here’s a list of penalties for Illinois possession, sale, and distribution of marijuana, concentrate, or paraphernalia.

  • Marijuana is a Schedule I substance in the state of Illinois
  • Federally, cannabis is still illegal and considered a Schedule I Controlled Substance.
  • An adult resident may possess up to 30 grams of cannabis flower, 5 grams of cannabis concentrate, and up to 500 milligrams of THC in a cannabis-infused product.
  • Any person who is at least 18 years of age who delivers cannabis to an underage person who is at least three years his junior may be sentenced to imprisonment for a term up to twice the maximum term otherwise authorized.
  • Possession of more than 1.5 ounces of marijuana can be punished with a prison term not to exceed one year and a fine not to exceed 2000 USD.
  • Possession of marijuana paraphernalia in cases where the marijuana possessed was ten grams or less is a civil violation punishable by a fine between 100-200 USD.
  • A registered medical cannabis patient may start growing cannabis; to five plants that are 5 inches tall and the buds must be kept in a sealed container.

Illinois allows patients with the following conditions to apply for a medical cannabis card:

  • Alzheimer’s disease
  • Amyotrophic Lateral Sclerosis (ALS)
  • Anorexia nervosa
  • Any medical condition for which an opioid has been or could be prescribed by a physician based on generally accepted standards of care
  • Arnold Chiari malformation
  • Autism
  • Cachexia/wasting syndrome
  • Cancer
  • Causalgia
  • Chronic Inflammatory Demyelinating Polyneuropathy
  • Chronic pain
  • Complex regional pain syndrome type 2
  • Crohn’s Disease
  • Dystonia
  • Ehlers-Danlos syndrome
  • Fibromyalgia
  • Fibrous dysplasia
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • Hydrocephalus
  • Hydromyelia
  • Interstitial Cystitis
  • Irritable bowel syndrome
  • Lupus
  • Migraines
  • Multiple Sclerosis
  • Muscular Dystrophy
  • Myasthenia Gravis
  • Myoclonus
  • Nail patella syndrome
  • Neuro-Behcet’s autoimmune disease
  • Neurofibromatosis
  • Neuropathy
  • Osteoarthritis
  • Parkinson’s disease
  • Polycystic kidney disease
  • Post-traumatic stress
  • Reflex Sympathetic Dystrophy 
  • Rheumatoid Arthritis
  • Sjogren’s syndrome
  • Spinal cord disease
  • Spinocerebellar Ataxia 
  • Superior canal dehiscence syndrome
  • Syringomyelia
  • Tarlov cysts
  • Tourette’s syndrome
  • Traumatic brain injury and post-concussion syndrome
  • Ulcerative colitis

1.

Book An Appointment

You will schedule an online appointment with a Leafy DOC medical marijuana doctor at a time that is most convenient for you. Provide basic medical history and book your appointment with a licensed medical marijuana doctor.

2.

Evaluation

Consult with a doctor for 15 minutes to evaluate your ailments, and ask any questions you may have about medical marijuana treatment.

3.

Approval

Within 24 hours after the evaluation, the doctor will send your certificate via email for your recommendation for medical marijuana. After receiving that recommendation, you can then apply with the state of Illinois to complete the registration process.

Does Illinois accept out-of-state medical cards?

Illinois does not accept out-of-state medical cards, but an adult medical patient can visit a legal dispensary to purchase with an ID. 

When does my Illinois medical card expire?

Medical cards expire in 1, 2, or 3 years – depending on patient selection upon registration with the state.

Illinois marijuana DUI laws

Here are the penalties in Illinois for operating a motor vehicle under the influence:

  • A first offense can result in a misdemeanor and carries a year of driving revocations, a mandatory minimum fine of 500 USD, and 100 hours of community service.
  • The second offense can result in a Misdemeanor with a mandatory minimum of five days of imprisonment, 240 hours of community service, up to a 2,500 USD fine, and a minimum five-year suspended license.
  • The third offense can result in a felony with up to thirty months of imprisonment, extending up to seven years for subsequent offenses, and a maximum fine of 25,000 USD.

Illinois marijuana growing laws

You can only grow cannabis if you have a Medical Cannabis Card. You must be 21 years or older and can grow up to 5 cannabis plants in your home, out of sight from the public.  

Illinois public consumption laws

Illinois state law prohibits the use of cannabis in a public place, including for medical patients.

No marijuana may be used in the following locations:

  • School properties
  • Public transportation
  • Motor Vehicles
  • Public parks
  • Private residences (unless you have written approval by the property owner)

Illinois city specific laws

The laws listed here are for the state. Cities, counties, schools, universities, and employers may set their own rules and consequences. Be sure to check how marijuana laws differ in each county or town before you use.

Seventy percent of Illinois residents approved recreational legalization for adults. 

Yes, inhalation of marijuana products is legal and sold in dispensaries in the state of Illinois; however, smoking is not allowed in public spaces.

Yes. With a medical card, growing medical cannabis and possessing up to five marijuana plants are legal in Illinois.

Yes. Illinois law requires all qualified patients to be registered with the state before using cannabis for medicinal purposes.

Requirements are as follows: 

  • Be 18 years of age or older
  • You must be able to provide proof of your IL residency
  • You must have a diagnosis that qualifies in Illinois and a doctor’s prescription.
  • You must submit a signed Physician Certification with your MMP application – and that is where Leafy Doc can help.  We can assist with booking your appointment and then provide the Physician Certification so that you can apply to get your medical card. Once you have the card, you may visit licensed medical marijuana dispensaries and even grow medical cannabis.

As of 2022, there are approximately 110 dispensaries statewide. 

When it comes to growing marijuana in Illinois, cannabis cultivation is only allowed by medical marijuana users who have registered with the state department. An Illinois resident with an Illinois medical card may grow how many plants? Currently, 5 plants per residence.

Cannabis Policy Reform Timeline

1931: Cannabis was banned in Illinois due to federal prohibition

1978: The Cannabis Control Act allowed medical marijuana; however, the Police, Human and Public Health Services Department did not act to establish the program

2013: The Compassionate Care Act was passed to legalize the medical use of cannabis for specific medical conditions

2016: Personal use of cannabis up to ten grams was decriminalized

2017: Recreational legalization was proposed but not voted on

2018: The medical program and qualifying conditions were expanded

2019: The General Assembly passed the Illinois Cannabis Regulation, and Tax Act was passed to legalize cannabis use for adults in IL

2020: In January of 2020, due to the new law recreational use of cannabis-infused products began, and home cultivation of five plants became legal for medical patients in enclosed spaces on private property.

Updated 6.14.2022