Illinois Legalization

SUMMARY: On June 25, 2019, Gov. J.B. Pritzker signed The Cannabis Regulation and Tax Act (HB1438-SFA2) into law. The law took effect on January 1, 2020. Upon the law’s enactment, Illinois residents who are 21 or older may legally possess up to 30 grams of cannabis, while those visiting from out-of-state may legally possess half that amount. Licensed medical dispensaries will have the first opportunity to apply for licenses to engage in adult-use marijuana sales. New applicants will be able to access low-interest loans in order to defray start-up costs. Patients enrolled in the state’s medical cannabis program will be legally permitted for the first time to personally cultivate up to five marijuana plants. Non-patients face civil fines of no more than $200 for growing personal use quantities of cannabis. The law also establishes procedures for the automatic expungement of low-level minor convictions (possession up to 30 grams) and facilitates a process for the expungement of cases involving the possession of up to 500 grams.