Cannabis Laws in Illinois: An Overview of 720 ILCS 550/4
Illinois has come a long way when it comes to cannabis laws. Back in the day, cannabis was totally illegal here. But over the past few years, things have really started to change. In 2019, recreational weed became legal in Illinois. And medical marijuana has been legal here since 2013.But even though weed is now legal, there are still a bunch of laws and regulations around it. One of the main laws for cannabis in Illinois is 720 ILCS 550/4. This law covers a lot of ground when it comes to cannabis possession, sales, trafficking, and more. Let’s take a closer look at what 720 ILCS 550/4 says and what it means for people in Illinois.
Possession
Under 720 ILCS 550/4, adults 21 and over can legally possess up to 30 grams of cannabis flower, 500 milligrams of THC in a cannabis-infused product, and 5 grams of cannabis concentrate. Anything over those limits is considered over the legal possession limit.
If you go over the limit, you could face criminal charges like a misdemeanor or even a felony in some cases. The penalties get harsher the more weed you have over the limit. Even under 30 grams, you could still get in trouble for possession in some situations, like if you’re under 21 or smoking in public.
So it’s important to pay attention to the possession limits if you don’t want to end up with a criminal record. Stick to 30 grams or less of flower, 500mg of edibles, and 5 grams of concentrates to be on the safe side. It may seem like a lot of weed, but better safe than sorry!
Home Growing
720 ILCS 550/4 also has rules about growing weed at home in Illinois. Adults 21 and over are allowed to grow up to 5 cannabis plants at home for personal use. There are a bunch of rules about it though:
- The plants have to be kept in an enclosed, locked space.
- You can only grow at your primary residence.
- You can’t grow plants in public view.
- Landlords and building owners can ban growing.
- Your local city or town may have additional restrictions too.
So before you start growing, make sure to check all the rules for your area. As long as you follow the state laws and any local ordinances, you should be good to grow your own bud. But don’t try growing more than 5 plants – that could lead to criminal charges.
Buying and Selling
Obviously buying and selling weed is legal now too in Illinois. But 720 ILCS 550/4 lays out a bunch of rules around sales as well.
Recreational sales are only allowed at licensed dispensaries. It’s still illegal to buy or sell outside of those stores. And you have to be 21+ to shop at dispensaries.
There are also possession limits for how much you can buy. At rec stores, you can only buy:
- Up to 30 grams of flower
- Up to 500mg of THC in infused products
- Up to 5 grams of concentrates
Medical patients can buy more based on their prescription. But for recreational buyers, those possession limits apply to purchases too.
Selling weed outside of licensed dispensaries is still very illegal. 720 ILCS 550/4 makes it a felony to sell cannabis without a license. Penalties can include huge fines and years in prison depending on the amount sold. So don’t take the risk – leave the selling to the professionals.
Trafficking and Distribution
720 ILCS 550/4 takes cannabis trafficking and distribution really seriously. Transporting large amounts of weed across state lines is considered trafficking under the law.
The penalties get extremely harsh for trafficking. Even amounts over the legal possession limit are considered trafficking. The law sees it as intent to distribute or sell illegally.
Some examples of trafficking charges under 720 ILCS 550/4:
- 500g to 2000g – 3 to 7 years in prison
- 2000g to 5000g – 4 to 15 years in prison
- 5000g or more – 6 to 30 years in prison
And if it’s your second offense, the penalties can double. Plus huge fines up to $200,000 to $500,000 depending on the amount.
Moral of the story – don’t mess around with trafficking weed in or out of Illinois unless you want to spend decades behind bars. Distribution is best left to licensed cultivators and dispensaries.
Medical Marijuana Protections
720 ILCS 550/4 does carve out some protections for medical marijuana patients in Illinois. They are exempt from possession limits, trafficking charges, and other rules as long as they follow the medical program requirements.
To receive those protections, medical patients need a prescription from their doctor and an approved medical cannabis card from the state. That allows them to buy, possess, and use cannabis recommended by their doctor without worrying about breaking the law.
But medical users can still face penalties if they go outside the boundaries of their prescription. So it’s important to stay within your prescribed limits and only buy from licensed dispensaries. As long as you follow the medical marijuana program, you’re protected under 720 ILCS 550/4.
Impaired Driving
Even though weed is legal, 720 ILCS 550/4 states you can still face DUI charges for impaired driving. Cannabis impairs judgement and motor skills, so it’s risky to drive high no matter what.
Illinois has “per se” DUI laws for cannabis. That means any amount of THC in your system could land you a DUI, even if you’re not visibly impaired. The legal limit is 5 nanograms of THC per milliliter of blood. Anything over that is automatically considered impaired driving.
A cannabis DUI can lead to big fines, license suspension, and even jail time. Multiple offenses are punished more harshly. So don’t take the risk – avoid driving for at least several hours after using cannabis, or find another ride.
Public Use Restrictions
720 ILCS 550/4 allows cannabis use, but not in all public places. You can’t smoke weed anywhere tobacco is prohibited, including indoor public spaces. Most towns also ban public cannabis use on streets, sidewalks, parks, and other areas.
It’s safest to only use cannabis on private property where it’s allowed. Lighting up in your backyard or on a cannabis tour bus is okay. But walking down the street smoking a joint could get you in trouble.
Discreet vaping devices are lower risk for public use. But again, check your local laws first, as many towns ban public vaping too. Consuming edibles is the safest public option. Just don’t drive impaired after eating them!
Youth Access and Possession
Of course, 720 ILCS 550/4 has strict rules about keeping cannabis away from minors. Dispensaries can’t sell to anyone under 21, and it’s illegal to supply weed to minors. There are harsh penalties for providing cannabis to youth.
Minors also can’t possess or use cannabis under the law. 720 ILCS 550/4 states anyone under 21 with cannabis could face criminal charges like a misdemeanor. There are also fines and mandatory drug education for underage possession.
Medical use for minors is allowed under the Compassionate Use of Medical Cannabis Program Act. But recreational use, possession, and access by anyone under 21 is strictly prohibited and punished under 720 ILCS 550/4.
Local Control and Regulations
Individual towns and cities in Illinois have a lot of leeway to make their own cannabis rules under 720 ILCS 550/4. Many municipalities have additional possession limits, public use bans, zoning regulations, and other local weed ordinances.
Some towns have opted to ban recreational dispensaries altogether. So whether you can buy weed locally depends on where you live and the local laws there. It’s important to check your town’s specific cannabis rules before assuming anything.
Local law enforcement also has a lot of discretion in enforcing cannabis violations. So you may be able to get away with something in one town that could lead to citations in another. When in doubt, stick to the most restrictive rules to avoid issues.
Changes are Still Happening
One thing to keep in mind is that cannabis laws are still evolving in Illinois. Ever since recreational weed was legalized, there have been ongoing changes to the policies around sales, possession, public use, home grow, and more. And there may be more changes ahead.
For example, some lawmakers want to expand home cultivation to allow more plants. Others want to allow cannabis lounges where people could consume weed socially. Proposals are also floated periodically to expand the types of licenses for dispensaries.
So while 720 ILCS 550/4 is the core cannabis law right now, some parts of it could change in the coming months and years. It’s a good idea to stay on top of the latest developments and reforms around Illinois cannabis laws.
The Bottom Line
At the end of the day, 720 ILCS 550/4 allows adults to legally possess and use cannabis in Illinois. But there are still a lot of nuances, limits, and regulations to pay attention to in order to avoid running afoul of the law.
It’s smart to read up on the specific rules for your area and stick within the lines. As long as you consume cannabis responsibly and stay under the possession limits, you shouldn’t have any worries. But disregard the laws around sales, trafficking, growing, and public use, and you could face some pretty harsh penalties.
The best approach is to educate yourself on 720 ILCS 550/4, respect the regulations, and consume cannabis carefully as the laws continue evolving. We’ve come a long way from total prohibition. But Illinois still has a ways to go before cannabis laws are simplified and unified across the state. For now, it’s buyer beware and better safe than sorry!