Questions about Illinois' Cannabis Legalization Law
Brad Smith • February 19, 2020
As the 11th state in the US to allow recreational use of marijuana, Illinois will see the drug on sale starting from 2020. The General Assembly in Illinois passed the House Bill 1438 authorizing adults aged 21 and over to possess up to 30 grams of cannabis. The bill was signed by Governor JB Pritzker and passed by the House of Representatives last year.
The Legal Limit of Marijuana
The legal limit of marijuana possession is 30 grams or one ounce of the plant material. If you’re consuming the edible form of the drug, you can take up to 500 mg of THC or 5 grams of cannabis rich products. If you are not a resident of the state, you are only allowed to buy half of the limit mentioned.
Any products laced with less than 35% THC will have a tax of 10% whereas products with more than 35% of marijuana content will have a 20% tax on them. Marijuana with 35% THC will have a higher tax of 25%. These taxes refer to the recreational use of marijuana.
Medical Consumption of Marijuana
Medical consumption of marijuana will not be taxed. Additional taxes can be levied by individual cities on the recreational usage up to 3.75% in independent areas of their county. In home rule counties, 3% additional tax can be exposed and 0.75% for non-home rule counties.
Can I Smoke Publicly in Illinois?
Despite its consumption being legalized, citizens will still not be allowed to smoke it publicly. For now, people can smoke it on private property including their residence. In some cases, the landlord may prohibit its use on their property. In such cases, you will have to comply with their rules, therefore it is better to check with the landlord prior to smoking.
The new law also allows workplaces to keep drug-free policies and employers can have their own rules regarding the usage of marijuana within the workspace.
Can You Sell Marijuana in Illinois?
As far as the selling of marijuana is concerned, medical marijuana providers such as licensed growers and pharmacies will be providing it until new licenses are approved by the government. Illinois will start processing new applications for licenses from March 15, 2020. The approved licenses will be distributed from May 1, 2020. The state plans to conduct a market study of the industry and check the availability of the drug area-wise before issuing new licenses.
Marijuana Possession Law in Illinois
Before the legalization of marijuana, a number of people were jailed for possessing it. As per the new law, people who were convicted of possessing less than 30 grams will be pardoned. These cases will be referred to the Prisoner Review Board and the Governor of Illinois. After the convicts are pardoned, an attorney general will be employed to clear their previous records and they can have a clean slate. Those convicts who were caught for possessing more than 30 grams of the drug prior to its legalization will be able to petition to clear their record.
Local Attorney in Illinois
Local state attorneys will be available to examine each case and decide upon the expunging of records. As of now, the State Attorney’s Office is looking into policies related to the impeachment of people involved in selling marijuana after marijuana is officially legalized in the state.
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