Legalization of Marijuana in Illinois: The Do’s and Don’ts

If you are a resident of Illinois and have listened to the radio, watched the local news, or read a newspaper in recent months, there’s a good chance you’ve heard that a new law is going into effect January 1, 2020 legalizing small amounts of marijuana.

What is not so clear is how the new law will change the current regulatory scheme pertaining to the purchase and use of marijuana. This article seeks to separate fact from fiction.

Federal v. Illinois Regulation

Under federal law, the sale and possession of marijuana continues to be illegal. As long as the federal government treats marijuana as a Schedule I substance under the Controlled Substance Act, the extent to which Illinois (or any other state) law can decriminalize its use is, at best, limited.

Thus, where federal law plays a primary role – immigration comes to mind -- Illinois law will not protect non-citizens (a Green Card or Visa holder) from being prosecuted under federal law or deported for possessing marijuana.

Another area where federal and state law collide is with respect to federal/subsidized housing. If you live in federal housing or receive a housing subsidy (e.g., Section 8 voucher), you will not be able to use marijuana in your home without putting your housing or voucher at risk. This prohibition applies even if you have a state-issued medical marijuana card.

If you have a Section 8 voucher and rent from a private landlord, you may consider asking your landlord for permission to use pot, provided you have a medical marijuana card. It is probably not a good idea to seek permission to use pot recreationally.      

Who Can Legally Purchase and Use Marijuana?

Only individuals at least 21 years old can legally purchase marijuana from a licensed dispensary. Thus, it is illegal for anyone to turn around and give their marijuana to someone under 21. Additionally, it still will be illegal to sell marijuana (in any amount) without a state-issued license. Lastly, only persons who have a medical marijuana card may legally grow the plant for personal use. 

The law specifies how much marijuana can be purchased at one time: up to 30 grams of cannabis flower, 5 gram of concentrate, and 500 milligram THC contained in an infused product (gummy candies, candy bar).

For those who want to cross state lines and purchase marijuana in Illinois, the law caps the quantity non-residents can purchase at amounts less than what residents are permitted to buy.  

Where Can You Legally Use It?

Under the law, there will only be a few places where you can use the drug. Aside from your personal residence (excluding federal public housing), there are only two other places where you’ll be permitted to use: a licensed dispensary and a retail tobacco store. That means, you will not be able to get high at your favorite bar, restaurant, or any other business establishment.

Additionally, you are barred from using in your car or in a public space (e.g., sports or concert venues, parks, sidewalks). The law also acknowledges that colleges and universities must comply with federal law, which will prohibit marijuana use in school-owned student housing.

Recently, Mayor Lori Lightfoot stated that Chicago residents will be permitted to use marijuana in their backyards and on their balconies, even though these locations are arguably public places. To help educate Chicago residents about the new law, the Chicago Police Department has posted an informational video on its Facebook page.    https://www.facebook.com/ChicagoPoliceDepartment/videos/vb.40649251533/449403329013291/?type=2&theater   

Can You Still Be Arrested for Marijuana Possession?

The short answer is Yes. The legalization of marijuana has not eliminated all offenses involving the possession or distribution of the drug even by those old enough to purchase or use it.

If you have not obtained a state license to sell marijuana, you will be violating state law regardless of the amount you’re caught selling. If you’re found in possession of more than 30 grams of marijuana, that will violate state law.

In Chicago, individuals caught using marijuana outside of the designated areas will be cited and ordered to pay a fine. Other municipalities will probably do the same.        

Can Employers Still Make Me Take a Drug Test?

The new law does not impose any restrictions on an employer’s right to make drug testing a condition prior to hire or to remain employed. In fact, the law expressly states that employers are not prohibited from terminating or withdrawing a job offer because of a failed drug test. The law also does not make any exceptions for job applicants or employees who use marijuana for medicinal purposes and have a medical card. 

Thus, if you work for an employer who randomly drug tests, you risk being terminated if you choose to use and later fail an employer-mandated drug test. You’ll face the same risks if you use while job hunting and do not know whether a potential employer requires all prospective job candidates be able to pass a drug test.

For those old enough to purchase pot in 2020, it’s also probably a good idea to check on whether the community where you live intends to adopt further restrictions on the purchase or use of marijuana.

If you don’t want to run afoul of the law, remember the do’s and don’ts of Illinois’ cannabis law. Inhale in peace.