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Is marijuana completely legal in Illinois?

| Feb 4, 2020 | Criminal defense | 0 comments

The new year brought big changes to the laws regarding marijuana in Illinois. Recreational use is not fully legal. However, legalization does not mean that there are no more marijuana crimes. It also does not mean that even if you use the drug legally that you are exempt from possible criminal charges related to the drug.

To begin with, Illinois Policy explains that you can only legally purchase it from a licensed seller. If you want to sell it, you must become a licensed seller. You can only legally buy and use marijuana for recreational purposes if you are age 21 or older. If you are under 21, you could still face criminal charges for underage use just as you can with other legal products, such as alcohol and tobacco. Until later in 2020, the only licensed sellers are medical marijuana dispensaries. However, you do not need a medical marijuana card to buy if you are 21 or older, but note that you cannot grow it without a medical marijuana card.

You also have limits on where you may use marijuana for recreation without violating the law. You cannot use it in a vehicle or public area. As with alcohol, there is a legal limit for THC in the blood when driving. You could face a DUI charge for being under the influence when driving even if you did not use the marijuana in the vehicle. The only places you can legally use it is in your own home and some cannabis businesses.

There are also possession limits for recreational users. The limit is about an ounce of the flower or five grams of a concentrate. Infused products have a limit of 500 milligrams. There is a restriction on these limits. They only apply to Illinois residents. Non-residents can only legally have half these amounts.