Illinois Medical Marijuana Card Legislation
Illinois technically legalized medical marijuana with the Marijuana Control Act of 1978, but never established regulations regarding medical marijuana.
By 2013, Illinois passed the Compassionate Use of Medical Marijuana Pilot Program Act. This bill legalized the sale, cultivation, and use of medical marijuana in the state, placing the Department of Public Health, Agriculture and Financial and Professional Regulation with creating the rules to implement the program.
Beginning in 2015 medical marijuana dispensaries had expanded the medical marijuana program to include more qualifying conditions, more patients, and allowed people with opioid prescriptions to qualify for medical marijuana use in Illinois, while making the Medical Marijuana Pilot Program permanent.
In 2016, Illinois decriminalized marijuana possession, and those possessing 10 grams or less would face fines from $100 to $200 without any jail time.
In 2019, the Illinois Marijuana Regulation and Tax Act was signed by Gob. JB Pritzker. This new act legalized marijuana for adult-use. This legalization led to the expungement of hundreds of thousands of criminal records of marijuana possession of less than 30 grams.
Illinois Medical Marijuana Card Cultivation & Possession Laws
Illinois medical marijuana patients may possess up to 2.5 ounces of marijuana or marijuana products during a 14-day period. Patients can also ask their doctor for a recommendation to possess more than 2.5ounces if necessary. Illinois medical marijuana card holders can also transport marijuana inside secure sealed containers that are inaccessible to passengers or the driver. Patients cannot transfer or give away medical marijuana. Caregivers may purchase or possess medical marijuana for their patients only. Adults may give away marijuana to anyone over the age of 21 without an exchange of currency or payment. For adults 21 or over, Illinois residents may possess 30 grams of flower and no more than 500 milligrams of THC-infused products, or 5 grams of marijuana concentrates. For out-of-state visitors to Illinois aged 21 or over, they may possess 15 grams of marijuana, and no more than 250 milligrams of THC-infused products, or 2.5 grams of marijuana concentrates.
While Illinois allows adult-use marijuana, only registered Illinois medical marijuana patients and caregivers can cultivate marijuana. Illinois specifies that the cultivation area of medical marijuana in Illinois must be in an enclosed, locked area containing no more than 5 plants more than 5inches tall. The cultivation site must be on a residential property owned by the cultivator or with the owner’s consent, and the cultivation site must not be visible to the public.