Personal THC consumption was legalized in Illinois in 2019 which ended cannabis prohibition and replaced it with a system to tax and regulate cannabis for adults 21 and over. Following the Agricultural Act of 2018 ("2018 Farm Bill"), which legalized CBD and hemp production nationally by removing hemp and its derivatives (Cannabis sativa-L containing no more than 0.3% THC) from the Controlled Substances Act, Illinois chose to legalize the production and sale of certain hemp-derived THC and CBD products.
The Industrial Hemp Farming Act was passed unanimously by the Illinois General Assembly in the Spring of 2018 and signed into law on August 25, 2018. The Act gave the Illinois Department of Agriculture the authority to permit farmers to grow industrial hemp in Illinois.
On June 25, 2019, Governor J.B. Pritzker signed into law HB 1438 into law, which legally separated hemp and marijuana, and legalized the commercialization of certain types of hemp products. The new law, which was sponsored by Senator Heather Steans legalized marijuana possession and use for adults, expanded the current medical cannabis licensing system, included automatic expungement for cannabis offenses, and added the ability for medical patients to grow cannabis at home.
Unlike many other states, three different agencies are also responsible for oversight and licensing of the cannabis industry in Illinois. Responsibility for cannabis regulation and control is shared by:
The Illinois Department of Agriculture (IDOA), which regulates and licenses:
- cannabis cultivation centers;
- craft growers;
- infusers;
- transporters
The Illinois Department of Financial and Professional Regulation (IDFPR), which licenses and oversees medical and adult use cannabis dispensing organizations that sell cannabis to patients on the medical cannabis registry and to adults above the age of 21.
The Illinois Department of Public Health (IDPH), which administers the registry of patients and the medical marijuana program.
Marijuana is legal in Illinois for both medical and recreational users, with some restrictions. Starting January 1, 2020, adults 21 and older may possess cannabis and purchase cannabis products in licensed stores. Possession is limited to:
- 30 grams of raw cannabis;
- Cannabis-infused product or products containing no more than 500 mg of THC;
- Five grams of cannabis product in concentrated form.
Non-residents may purchase half that amount, or 15 grams of cannabis, 250 mg of THC in a cannabis-infused product, and 2.5 grams of concentrated cannabis product.
Medical Marijuana in Illinois
The term “medical marijuana” refers to using the whole unprocessed marijuana plant or its basic extracts to treat a disease or symptom. Studies show that the marijuana plant contains chemicals that may help treat a range of illnesses or symptoms, and can assist patients suffering from serious medical conditions by alleviating pain and improving their quality of life.
While some states have already legalized marijuana for medicinal purposes, the issue is still being hotly debated in many others. As of 2019, a total of 41 states in the US have successfully legislated medical marijuana programs, with 19 states adopting recreational cannabis programs, and 23 states decriminalizing cannabis entirely.
The Illinois Medical Marijuana Pilot program was approved in 2013, began sales in 2015, and was expanded by Governor Bruce Rauner in 2018. The Illinois Medical Marijuana program is considered one of the most restrictive medical programs in the US and was set to expire in July 2020 until SB 2023 passed.
With the passage of SB 2023 in July 2019, the list of qualifying conditions for medical marijuana in the state of Illinois has expanded. SB 2023 also made the state's medical cannabis program permanent.
The state of Illinois issues a medical card for qualifying patients which are available by registering with the state. In Illinois, medical marijuana cards dramatically reduce the amount of taxes you have to pay to purchase your cannabis for qualifying medical conditions.
According to Illinois state regulations:
- Patient possession limits: two and a half ounces of cannabis per 14-day period
- Home cultivation: beginning on January 1, 2020, medical cannabis patients may purchase cannabis seeds and grow up to five plants at their residence. There are limitations on home growing, however, including a cap of five plants per household, regardless of the number of residents who are 21 or over, and plants will need to be secured and out of view by the public. Home cultivators can keep what they grow, but possession limits still apply outside the residence, and sales are prohibited unless part of a licensed cannabis business.
- Qualified medical marijuana patients in Illinois have the benefit of shopping at medical cannabis dispensaries
Cannabis Regulation and Tax Act
Sec. 1 Definitions
"Cannabis" means marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means concentrate and cannabis-infused products.
"Cannabis concentrate" means a product derived from cannabis that is produced by extracting cannabinoids from the plant through the use of propylene glycol, glycerin, butter, olive oil or other typical cooking fats; water, ice, or dry ice; or butane, propane, CO2, ethanol, or isopropanol. The use of any other solvent is expressly prohibited unless and until it is approved by the Department of Agriculture
"Cannabis container" means a sealed, traceable, container, or package used for the purpose of containment of cannabis or cannabis-infused product during transportation.
"Cannabis flower" means marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis; including raw kief, leaves, and buds, but not resin that has been extracted from any part of such plant; nor any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin.
"Cannabis-infused product" means a beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis that is not intended to be smoked.
(505 ILCS 89/) Industrial Hemp Act.
Sec. 5 Definitions
"Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and includes any intermediate or finished product made or derived from industrial hemp.
Sec. 20. Hemp products.
Nothing in this Act shall alter the legality of hemp or hemp products that are presently legal to possess or own.
In other words, similar to the Farm Bill specifications, Delta 9 THC products can be sold in Illinois State if they meet the following criteria:
- Delta 9 THC in the product is derived from hemp
- The product contains 0.3% or less of THC by dry weight