Illinois Marijuana Laws: Recreational vs. Healthcare Legalization

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Updated August 2019

Illinois has created important progress in current years when it comes to marijuana policy, legalizing cannabis for each health-related 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 get up to 1 ounce (30 grams) of marijuana at a time. The bill also expunges criminal records of almost 800,000 men and women previously convicted of buying or possessing 30 grams of marijuana or much 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 much 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 viewed as a misdemeanor if it is a initial-time private use offense. The subsequent offense of possessing 10grams to 30 grams will be charged as a felony. Very first offense of private 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 far more than 10 grams of recreational marijuana as properly. Note that initial-time offenders may perhaps be offered conditional release.

Healthcare Marijuana in Illinois

Illinois has had legal health-related marijuana as of August 1, 2013, just after 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, sufferers need to obtain a health-related marijuana prescription from a medical doctor who has an established history of treating the patient.

Beneath the law, sufferers need to acquire health-related marijuana only from a single of 55 dispensaries authorized by the Illinois Division of Public Wellness. A caregiver is permitted to choose up medicine for really ill, homebound sufferers.

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

SB 2023 also provides veterans access to health-related marijuana by means of the Opioid Option Pilot Plan, whilst adding 11 new qualifying circumstances for health-related marijuana. It also makes it possible for nurse practitioners and doctor assistants to certify potential sufferers for the system.

As of these days, the following circumstances are authorized for health-related 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 (Variety 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 Pressure 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

Beneath the Options to Opioids Act (SB 336), signed into law August 2018, sufferers prescribed opioid drugs can now register to acquire legal health-related marijuana rather. The move is meant to aid combat the opioid epidemic, which claimed the lives of almost two,000 men and women in Illinois in 2016. Beneath the law, physicians can authorize health-related marijuana for sufferers certified for a prescription for opioids like Vicodin, OxyContin, or Percocet.

Consumption of CBD from Hemp Oil in Illinois

Hemp-derived CBD items 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

Private cultivation of marijuana is illegal in Illinois, even for health-related marijuana sufferers and caregivers. Cultivation of fewer than five plants is a misdemeanor punishable by a 1-year maximum jail sentence. Cultivating something far more 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 procedure hemp. Considering the fact 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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