Cannabis in Illinois

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Cannabis is legal in Illinois for both medical and recreational use. Illinois became the eleventh state in the US to legalize recreational marijuana effective January 1, 2020. [1]

Contents

With the passage of the Illinois Cannabis Regulation and Tax Act in 2019, Illinois became the first state in the nation to legalize recreational sales by an act of the state legislature, as previous states had legalized sales by voter initiatives. Vermont legalized recreational use, but not sales, through its legislature (later legalizing sales after Illinois had already done so). At full maturity, Illinois is expected to generate between $2 and $4 billion in annual revenues from recreational sales. [2] A first in the nation, Illinois will also expunge an estimated 700,000 marijuana-related police records and court convictions in a phased approach forecast to be completed by 2025. [3] Retail sales from recreational cannabis in Illinois average an estimated $40 million in revenue each month since legalization and have allowed police to acquire an estimated $3 million from marijuana related civil asset forfeitures each year. [4]

Since 2014, the Illinois Medical Cannabis Patient Program (MCPP) has also enrolled over 172,000 qualifying patients in the state's medical cannabis and opioid alternative programs across 110 dispensaries offering a lower tax rate when compared to recreational transactions. [5] [6]

In 2022, the 113 dispensaries across Illinois sold $1.5 billion worth of marijuana products. [7]

Prohibition (1931)

In 1931, Illinois prohibited recreational use of cannabis, as part of a nationwide trend across 29 states in the early 20th century. [8]

Cannabis Control Act (1978)

Illinois passed the Cannabis Control Act in 1978, which technically allows for medical marijuana. However, in order for it to become an actuality, action was required from two state departments: Human Services and the State Police. Neither department took action. [9] [10]

Medical cannabis (2013)

The Illinois General Assembly passed the Compassionate Use of Medical Cannabis Pilot Program Act in 2013 (MCPP). [11] The law legalizes the use of medical cannabis in tightly controlled circumstances. [12] In August 2013, Governor Patrick Quinn signed into law the state's medical marijuana program, which would take effect on January 1 making it the 20th state to do so. [13]

Once a medical caregiver has certified their qualifying medical condition, "legally registered patients" may apply for an ID card that allows the use of cannabis for medical purposes. The law lists over 30 specific medical conditions that may be legally treated using cannabis, and allows the Department of Public Health to add other conditions to the list via administrative rulemaking. Applications for patients, growers, and vendors began in September 2014. [14]

As of October 2020, the Medical Cannabis Patient Program had significantly grown to over 143,000 qualifying patients participating in the state's medical cannabis and opioid alternative programs.

Decriminalization (2016)

In July 2016, Illinois reduced punishment for under 10 grams of cannabis to a $100–200 fine; it was a misdemeanor previously. The law also sets the requirement for DWI at 5 nanograms/ml of THC in the blood. [15] [16]

Proposed recreational use (2017)

On March 22, 2017, Illinois lawmakers proposed legalizing recreational marijuana in the state. [17] The measure would also allow residents to possess up to 28 grams (1 oz) of cannabis and to grow five plants. Early estimates found that legalized marijuana would generate between $350 and $700 million in annual sales. [18] The Chicago Tribune reported legislation was "widely expected to pass" in 2019, following election of pro-legalization governor J. B. Pritzker and a favorable state legislature. [19]

Medical cannabis expansion (2018-2019)

On August 28, 2018, Illinois' medical cannabis program greatly expanded becoming available as an opioid painkiller replacement. [20] The legislation also eased the application process as applicants will no longer have to be fingerprinted or undergo criminal background checks. Some estimate the expansion could bring in up to 365,000 new patients into the medical marijuana program generating an additional $425 million in revenue for the state. [21]

On August 12, 2019 Governor J. B. Pritzker signed into law legislation that once again expands Illinois' medical cannabis program and also makes it permanent. [22] The new law adds an additional 11 conditions to the existing program including chronic pain, anorexia nervosa, autism, Irritable bowel syndrome, migraines, osteoarthritis, Ehlers-Danlos syndrome, Neuro-Behcet's autoimmune disease, neuropathy, polycystic kidney disease, and superior canal dehiscence syndrome. When recreational marijuana becomes legal in January 2020, taxation for medical cannabis products will remain at 1%. [23]

Recreational legalization (2019)

On May 31, 2019, the Illinois General Assembly passed the Illinois Cannabis Regulation and Tax Act to legalize recreational marijuana use starting on January 1, 2020. The bill was signed by Governor J. B. Pritzker on June 25, 2019. [24] [25] [26] Recreational-use revenue in Illinois is expected to reach an estimated $1.6 billion a year. [27] Illinois became the first state in the nation to legalize cannabis for recreational sale through a state legislature rather than ballot initiative. [28] Overall, Illinois is the 11th state in the US to allow recreational marijuana. [29]

An estimated 700,000 Illinoisans will qualify for the expungement of past marijuana-related convictions. [30] The state, in partnership with the Illinois State Police, expects to fully complete the process by 2025. To date, Illinois was the first state in the nation to include the social equity centric provision.

On January 1, 2020, the first day of legal recreational sales, over 77,000 customers spent $3.2 million in legal sales at dispensaries across Illinois. [31] These figures were historic as no other state, Oregon being second, has generated such significant first day recreational sales. Dispensaries saw long lines across the state with customers coming from across the Midwest and nation. On January 6, 2020, Governor Pritzker's office announced that in the first five full days of recreational adult-use sales, 271,169 individual transactions totaled over $10.8 million in sales statewide. [32] Total sales for January 2020 approached $40 million, despite supply shortages. [33]

In addition, more than 700 applications were submitted for the second round of newly awarded dispensary licenses, scheduled to be announced on May 1, 2020; over 600 were considered "social equity" applicants which meet certain criteria to benefit historically disenfranchised communities.

On December 31, 2020, Governor JB Pritzker announced that his administration granted pardons for 9,210 low-level cannabis convictions and the wiping of 492,000 non-felony cannabis-related arrest records. [34] [35]

Cultivation

Under the Illinois Cannabis Regulation and Tax Act, which took effect on January 1, 2020, stipulated that medical marijuana patients could grow up to five plants at a time in their home or on their property. However, recreational users cannot grow marijuana in their home nor on their premises at all. A violation of this stipulation is a civil penalty of 200 dollars. In regards to cultivating cannabis commercially, only Illinois' existing licensed medical marijuana facilities were able to grow the crop initially. However, in 2020 "craft growers" will be able to apply for licenses to cultivate cannabis for commercial use for no larger than 5,000 square feet (460 m2) of crop. [36]

Waived and suspends transport license fees

In December 2023, the Governor signed into law a bill that waivers and suspends transport licence fees - until January 1, 2027 for cannabis industry, corporation and business associates. [37]

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<span class="mw-page-title-main">Illinois Department of Financial and Professional Regulation</span> U.S. state government agency

The Illinois Department of Financial and Professional Regulation (IDFPR) is the Illinois state government code department that through its operational components, the Division of Banking, Division of Financial Institutions, Division of Professional Regulation, and Division of Real Estate, oversees the regulation and licensure of banks and financial institutions, real estate businesses and professionals, and various licensed professions, and is charged with enforcing standards of professional practice and protecting the rights of Illinois residents in their transactions with regulated industries.

<span class="mw-page-title-main">Legality of cannabis by U.S. jurisdiction</span>

In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. Beginning in 2024, the Drug Enforcement Administration has initiated a review to potentially move cannabis to the less-restrictive Schedule III.

<span class="mw-page-title-main">Cannabis in Massachusetts</span>

Cannabis in Massachusetts is legal for medical and recreational use. It also relates to the legal and cultural events surrounding the use of cannabis. A century after becoming the first U.S. state to criminalize recreational cannabis, Massachusetts voters elected to legalize it in 2016.

<span class="mw-page-title-main">Cannabis in Maine</span>

Cannabis in Maine is legal for recreational use. It was originally prohibited in 1913. Possession of small amounts of the drug was decriminalized in 1976 under state legislation passed the previous year. The state's first medical cannabis law was passed in 1999, allowing patients to grow their own plants. The cities of Portland and South Portland decriminalized the possession and recreational use of marijuana in 2013 and 2014, respectively.

<span class="mw-page-title-main">Cannabis in Virginia</span>

Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020, and adult recreational use became legalized in July 2021.

<span class="mw-page-title-main">Cannabis in the United States Virgin Islands</span>

Cannabis in the United States Virgin Islands is legal for recreational use since January 18, 2023, under territorial law. Legislation to legalize was passed by the territorial legislature in 2022, and was signed into law on January 18. Medical use was legalized in 2019 through a bill that passed the Senate 9–4. It remains illegal under federal law.

<span class="mw-page-title-main">Cannabis dispensaries in the United States</span> Local government regulated location

Cannabis dispensaries in the United States or marijuana dispensaries are a type of cannabis retail outlet, local government-regulated physical location, typically inside a retail storefront or office building, in which a person can purchase cannabis and cannabis-related items for medical or recreational use.

<span class="mw-page-title-main">Cannabis in Nevada</span>

Cannabis in Nevada became legal for recreational use on January 1, 2017, following the passage of Question 2 on the 2016 ballot with 54% of the vote. The first licensed sales of recreational cannabis began on July 1, 2017.

<span class="mw-page-title-main">Cannabis in Rhode Island</span>

Cannabis in Rhode Island is legal for medical and adult use. Medical use was legalized through legislation approved in 2006, and adult use in 2022.

<span class="mw-page-title-main">Cannabis in Arizona</span>

Cannabis in Arizona is legal for recreational use. A 2020 initiative to legalize recreational use passed with 60% of the vote. Possession and cultivation of recreational cannabis became legal on November 30, 2020, with the first state-licensed sales occurring on January 22, 2021.

<span class="mw-page-title-main">Cannabis in Pennsylvania</span>

Cannabis in Pennsylvania is illegal for recreational use, but possession of small amounts is decriminalized in several of the state's largest cities. Medical use was legalized in 2016 through a bill passed by the state legislature.

<span class="mw-page-title-main">Cannabis in Missouri</span>

Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use, Amendment 3, passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.

<span class="mw-page-title-main">Cannabis in Minnesota</span>

Cannabis in Minnesota is legal for recreational use since August 2023. Governor Tim Walz signed House File 100 on May 30, 2023, legalizing the use, possession, and cultivation of cannabis within the state. The state's new Office of Cannabis Management will establish a regulatory framework for commercial cultivation and sales, with exceptions for tribal nations.

<span class="mw-page-title-main">Cannabis in New York</span>

Cannabis in New York has been legal for medical purposes under New York law since 2016, and recreational purposes since 2021. As of 2022, recreational cannabis is for sale legally in the state, only through state-approved dispensaries.

<span class="mw-page-title-main">Cannabis in Hawaii</span>

Cannabis in Hawaii is illegal for recreational use, but decriminalized for possession of three grams or less. Medical use was legalized through legislation passed in 2000, making Hawaii the first state to legalize medical use through state legislature rather than through ballot initiative.

<span class="mw-page-title-main">Cannabis in New Mexico</span>

Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.

<span class="mw-page-title-main">Cannabis in New Jersey</span>

Cannabis in New Jersey is legal for both medical use and recreational use. An amendment to the state constitution legalizing cannabis became effective on January 1, 2021, and enabling legislation and related bills were signed into law by governor Phil Murphy on February 22, 2021.

<span class="mw-page-title-main">Cannabis in Maryland</span>

Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.

<span class="mw-page-title-main">Cannabis in Michigan</span>

Cannabis in Michigan is legal for recreational use. A 2018 initiative to legalize recreational use passed with 56% of the vote. State-licensed sales of recreational cannabis began in December 2019.

The Cannabis Regulation and Tax Act is an act legalizing and regulating the production, consumption, and sale of cannabis in Illinois. It was approved by both houses by May 31, 2019 and came into effect January 1, 2020.

References

  1. ↑ "Long lines, celebrations mark first hours of recreational marijuana sales in Illinois". Chicago Tribune . Retrieved January 2, 2020.
  2. ↑ "Illinois's Legal Cannabis Sales Reach $3.2 Million on First Day". www.bloomberg.com. Bloomberg. Retrieved January 2, 2020.
  3. ↑ "How Is Marijuana Expungement Working In Illinois?". NPR . Retrieved January 5, 2020.
  4. ↑ McCoppin, Robert. "Illinois recreational marijuana sales set another record in May with more than $44 million in transactions despite the coronavirus". chicagotribune.com. Retrieved June 14, 2020.
  5. ↑ "MCPP Update – October 4, 2021 - Medical Cannabis Pilot Program". www2.illinois.gov. Retrieved November 1, 2021.
  6. ↑ "OAPP Update – October 4, 2021 - Medical Cannabis Pilot Program". www2.illinois.gov. Retrieved November 1, 2021.
  7. ↑ Illinois dispensaries sell record $1.5B worth of marijuana products in 2022 CBS News, January 6, 2023
  8. ↑ Also from Bruce Rushton (February 9, 2012). "The war on weed". Illinoistimes.com. Retrieved November 11, 2016.
  9. ↑ "Medical Marijuana Is Already Legal in Illinois". April 8, 2010.
  10. ↑ "720 ILCS 550/ Cannabis Control Act".
  11. ↑ "Medical Cannabis Pilot Program". Illinois Department of Agriculture. 2014. Retrieved September 6, 2014.
  12. ↑ Johnson, Carla K. (January 21, 2014). "Illinois Medical Marijuana Rules Unveiled". NBCChicago.com. NBC Universal Media. Retrieved September 6, 2014.
  13. ↑ "Illinois governor to sign medical marijuana bill today". Articles.chicagotribune.com. August 2, 2013. Archived from the original on August 3, 2013. Retrieved November 11, 2016.
  14. ↑ Illinois Department of Agriculture.
  15. ↑ "Rauner reduces punishment for minor pot possession from jail to citation". Chicago Tribune. July 29, 2016. Retrieved November 11, 2016.
  16. ↑ "Illinois is latest state to decriminalize small amounts of marijuana". July 30, 2016.
  17. ↑ McCoppin, Robert (March 23, 2017). "Illinois lawmakers propose legalizing recreational marijuana". chicagotribune.com.
  18. ↑ Robert McCoppin (March 22, 2018), "Marijuana referendum could strengthen movement to legalize in Illinois, but naysayers say ballot question unfair", Chicago Tribune
  19. ↑ Robert McCoppin (November 9, 2018), "With Pritzker win, pot legalization is now in legislators' hands, but not all are on board", Chicago Tribune
  20. ↑ McCoppin, Robert (August 29, 2018). "Rauner signs medical marijuana expansion bill allowing drug as painkiller alternative". chicagotribune.com.
  21. ↑ "Chart: Medical cannabis as alternative to opioids could give Illinois' MMJ program a massive boost". Marijuana Business Daily. June 25, 2018.
  22. ↑ Munks, Jamie. "New law broadens access to medical marijuana, makes state program permanent". chicagotribune.com. Retrieved August 13, 2019.
  23. ↑ Schuba, Tom (August 12, 2019). "Pritzker makes medical marijuana program permanent, adds list of new conditions". Chicago Sun-Times. Retrieved August 13, 2019.
  24. ↑ Petrella, Dan. "Illinois House approves marijuana legalization bill backed by Gov. J.B. Pritzker". chicagotribune.com. Retrieved June 1, 2019.
  25. ↑ "Illinois posed to legalize marijuana sales, expunge criminal records for pot crimes". USA TODAY. Retrieved June 1, 2019.
  26. ↑ "Looking forward to legal weed? Here's a Q&A about Illinois' marijuana legalization". Belleville News-Democrat. June 7, 2019. Retrieved June 9, 2019.
  27. ↑ "Illinois marijuana growers plan hiring binge". Crain's Chicago Business. June 3, 2019. Retrieved June 7, 2019.
  28. ↑ "Illinois Lawmakers Approve Marijuana Legalization". U.S. News & World Report. Retrieved June 1, 2019.
  29. ↑ Illinois becomes 11th state to allow recreational marijuana Associated Press, June 25, 2019
  30. ↑ McCoppin, Robert. "Getting marijuana convictions expunged in Illinois: What you need to know about the process". chicagotribune.com. Retrieved January 5, 2020.
  31. ↑ Marotti, Ally. "Nearly $3.2 million in legal weed was sold in Illinois on the first day of sales, and the long lines continue". chicagotribune.com. Retrieved January 2, 2020.
  32. ↑ "Illinois News - Illinois.gov". www2.illinois.gov. Retrieved January 7, 2020.
  33. ↑ Marotti, Ally (February 4, 2020). "Customers bought nearly $40 million in recreational marijuana during the first month of sales in Illinois". chicagotribune.com. Retrieved February 5, 2020.
  34. ↑ Ramos, Manny (December 31, 2020). "Pritzker marks New Year's Eve by expunging nearly half a million marijuana arrest records, pardoning thousands more". Chicago Sun-Times. Retrieved January 1, 2021.
  35. ↑ "Thousands of cannabis cases expunged due to legalization in Illinois". WGN-TV. January 1, 2021. Retrieved January 1, 2021.
  36. ↑ "WHAT YOU NEED TO KNOW ABOUT MARIJUANA LEGALIZATION IN ILLINOIS". Illinois Policy.
  37. ↑ https://www.marijuanamoment.net/illinois-governor-signs-bill-suspending-fees-for-marijuana-transporter-license-applications/ [ bare URL ]
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