Since Illinois legalized recreational cannabis on Jan. 1, 2020, the industry has been booming. In fact, the state earned approximately $52 million in tax revenue in the first six months. Since then, more than 50 marijuana recreational and medicinal dispensaries have popped up across the state. The Illinois Cannabis Regulation and Tax Act is still a relatively new law that some people may find confusing. If you live in Illinois, it is important to know the laws regarding the purchase, use, and transportation of marijuana. Violating cannabis-related laws can lead to drug charges.
In some ways, cannabis laws parallel alcohol laws in Illinois. You have to be a certain age to possess and use marijuana. You cannot smoke or consume marijuana while operating a vehicle and driving under the influence of marijuana can lead to DUI charges. With that said, let’s get into specifics.
If you are an Illinois resident and are 21 years of age or older, you can buy cannabis and cannabis products from a licensed seller. However, there are limitations to how much cannabis you can have. You may possess up to 30 grams of marijuana flower, which is about two handfuls, 5 grams of concentrated cannabis, or edibles infused with 500 milligrams of Tetrahydrocannabinol (THC). If you are a 21-year-old non-Illinois resident, the numbers for possession change. You can have 15-grams of marijuana flower, 25 milligrams of THC-infused products, or 2.5 grams of cannabis concentrate.
If you have more than the allotted amount, you could be charged with a class A misdemeanor and face up to a year in jail and a $2,500 fine. If you are caught a second time or are caught with more than 100 grams, you could enter felony territory. For that, you could face more than a year in prison and a $25,000 fine.
Obviously, once you buy your cannabis, you have to transport it somehow and your vehicle is the most likely option. In addition to the above rules, you must also keep the cannabis in a secure, odor-less container and in an area you cannot access while driving. In other words, if a police officer can see or smell raw cannabis in your car, he or she could see that as reasonable suspicion. Illegal transport of cannabis is a Class A misdemeanor.
If you have been arrested for illegally transporting marijuana, you should seek the guidance of a seasoned Illinois criminal defense attorney. For more than 20 years, lawyer Scott F. Anderson has been practicing criminal and traffic law. Call him today at 847-253-3400 for a free consultation.
Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.