Illinois Marijuana Laws: Recreational vs. Healthcare Legalization

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Updated August 2019

Illinois has created considerable progress in current years when it comes to marijuana policy, legalizing cannabis for each healthcare and recreational purposes.

Recreational Marijuana in Illinois

Is marijuana legal in Illinois? Yes– Illinois became the 11th state to legalize recreational marijuana on June 25, 2019. The new law, signed by Gov. J.B. Pritzker, makes it possible for adults 21 years and older to possess and obtain up to 1 ounce (30 grams) of marijuana at a time. The bill also expunges criminal records of practically 800,000 folks previously convicted of getting or possessing 30 grams of marijuana or significantly less. The law requires impact January 1, 2020, and till then marijuana possession remains a crime.

Prior to recreational marijuana legalization, preceding Illinois Gov. Bruce Rauner had signed a decriminalization bill in 2016 that created the possession of 10 grams or significantly less of marijuana a civil offense punishable to a fine of up to $200. The law also removed the possibility of a criminal record and these identified in possession are no longer topic to arrest or jail time.

Till the recreational marijuana law requires impact, possession of 10 to 30 grams of recreational marijuana is regarded as a misdemeanor if it is a initial-time individual use offense. The subsequent offense of possessing 10grams to 30 grams will be charged as a felony. Very first offense of individual use of 30 grams to 500 grams is charged as a felony, but the offender has to serve a minimum mandatory sentence of 1 year, and maximum jail time is six years. The minimum mandatory sentence for the subsequent offense is two years. The mandatory jail time also applies to the sale of extra than 10 grams of recreational marijuana as nicely. Note that initial-time offenders may perhaps be provided conditional release.

Healthcare Marijuana in Illinois

Illinois has had legal healthcare marijuana as of August 1, 2013, following Gov. Pat Quinn signed the Compassionate Use of Healthcare Cannabis Pilot Plan Act. Public Act 98-0122 makes it possible for prescribed customers to buy and use up to two.five ounces of marijuana more than a 14-day period. To be certified, individuals ought to obtain a healthcare marijuana prescription from a medical professional who has an established history of treating the patient.

Below the law, individuals ought to receive healthcare marijuana only from a single of 55 dispensaries authorized by the Illinois Division of Public Well being. A caregiver is permitted to choose up medicine for pretty ill, homebound individuals.

Initially, Illinois’ healthcare marijuana law was a pilot plan. In June 2016, Gov. Bruce Rauner authorized legislation that extended the state pilot plan to at least July 2020 and expanded it to post-traumatic strain disorder (PTSD) and terminal illness. In August 2019, Gov. J.B. Pritzker authorized SB 2023, which garnered overwhelming bipartisan help in the Illinois Basic Assembly, to make the state’s healthcare marijuana plan permanent.

SB 2023 also offers veterans access to healthcare marijuana by means of the Opioid Option Pilot Plan, though adding 11 new qualifying situations for healthcare marijuana. It also makes it possible for nurse practitioners and doctor assistants to certify potential individuals for the plan.

As of right now, the following situations are authorized for healthcare marijuana prescription in the state:

  • Alzheimer’s Illness
  • Amyotrophic Lateral Sclerosis (ALS)
  • Anorexia Nervosa
  • Arnold Chiari Malformation
  • Autism
  • Cachexia or Wasting Syndrome
  • Cancer
  • Causalgia
  • Chronic Inflammatory Demyelinating Polyneuropathy
  • Chronic Discomfort
  • Complicated Regional Discomfort Syndrome (Kind two)
  • Crohn’s Illness
  • Dystonia
  • Ehler-Danlos Syndrome
  • Fibromyalgia
  • Fibrous Dysplasia
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • Hydrocephalus
  • Hydromyelia
  • Interstitial Cystitis
  • Irritable Bowel Syndrome
  • Lupus
  • Migraines
  • A number of Sclerosis (MS)
  • Muscular Dystrophy
  • Myasthenia Gravis
  • Myoclonus
  • Nail-patella Syndrome
  • Neuro-Behcet’s Autoimmune Illness
  • Neurofibromatosis
  • Neuropathy
  • Osteoarthritis
  • Parkinson’s Illness
  • Polycystic Kidney Illness
  • Post-Concussion Syndrome
  • Post-Traumatic Anxiety Disorder (PTSD)
  • Reflex Sympathetic Dystrophy
  • Residual Limb Discomfort
  • Rheumatoid Arthritis
  • Seizures
  • Sjogren’s Syndrome
  • Spinal Cord Illness
  • Spinocerebellar Ataxia (SCA)
  • Superior Canal Dehiscence Syndrome
  • Syringomyelia
  • Tarlov Cysts
  • Terminal Illness
  • Tourette’s Syndrome
  • Traumatic Brain Injury (TBI) and Post-Concussion Syndrome

Below the Options to Opioids Act (SB 336), signed into law August 2018, individuals prescribed opioid drugs can now register to receive legal healthcare marijuana rather. The move is meant to assist combat the opioid epidemic, which claimed the lives of practically two,000 folks in Illinois in 2016. Below the law, medical doctors can authorize healthcare marijuana for individuals certified for a prescription for opioids like Vicodin, OxyContin, or Percocet.

Consumption of CBD from Hemp Oil in Illinois

Hemp-derived CBD merchandise are legal beneath Federal Law in the United States even so, person state laws are dynamic and fluid. Person states may perhaps enact their personal laws governing hemp-derived CBD.

Cultivation of Cannabis in Illinois

Individual cultivation of marijuana is illegal in Illinois, even for healthcare marijuana individuals and caregivers. Cultivation of fewer than five plants is a misdemeanor punishable by a 1-year maximum jail sentence. Cultivating something extra five plants can outcome in a minimum mandatory sentence of up to four years and a maximum fine of up to $100,000.

In August 2018, Gov. Rauner signed into law the Industrial Hemp Act (Senate Bill 2298), which lifts the restrictions on the production of industrial hemp for industrial purposes. Growers licensed by means of the Division of Agriculture are legally permitted to cultivate and method hemp. Given that 2014, the state had in spot legislation that permitted the cultivation of industrial hemp, but for only agricultural or academic study purposes. The new law lifts these limitations.

Sources

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