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Five Important Facts About Recreational Marijuana in Illinois
Starting Jan. 1, recreational marijuana will officially be legal in Illinois. The state had previously allowed medicinal marijuana use and decriminalized the possession of small amounts of marijuana by issuing fines instead of criminal charges. Now, it will be legal for anyone age 21 and older to possess marijuana, whether in leaf form or infused in an edible. However, Illinois will heavily regulate the use of marijuana in exchange for legalizing it. It will still be possible to be arrested or fined for violating the state's laws regarding marijuana use and possession:
- Possession Limit: Illinois residents are allowed to possess as much as 30 grams of cannabis flower, 5 grams of cannabis concentrate, and 500 milligrams of cannabis-infused products. The possession limit is half that amount if you are a non-resident visiting Illinois.
- Use Restrictions: You are allowed to use marijuana products only in private residences and commercial properties where use is expressly permitted. You cannot use it in public places or in a vehicle. If you are renting your home, the property owner can forbid you from smoking marijuana or eating edibles in a common area. It is illegal to knowingly use marijuana products in the presence of someone who is younger than 21.
- Growth and Sale: You cannot grow marijuana plants in your home unless you are a medical marijuana patient. The growth and sale of marijuana are limited to licensed businesses, and each municipality will determine whether it will allow marijuana sales.
- Transportation: You are allowed to transport marijuana in your vehicle as long as it is not visible or easily accessible and it is in an odor-proof, child-resistant container.
- DUI: It is still illegal to drive under the influence of marijuana, but the state is instituting a chemical test that is similar to measuring someone's blood alcohol concentration to determine whether they are intoxicated. The law states that a driver is legally impaired by marijuana use if they have more than 5 nanograms of THC per milliliter of blood. However, some people are skeptical about the accuracy of this limit because THC can stay in a person’s blood for weeks or months, which is long after the impairing effects have worn off. Police may heavily rely on their observations of driver behavior as evidence in a DUI case.
Contact a DuPage County Criminal Defense Lawyer
Of the many laws related to recreational marijuana use, residents are most likely to have trouble with DUI laws. Police are unsure of how to objectively determine whether a driver is under the influence of marijuana or simply has traces of THC still in their blood. A Wheaton, Illinois, criminal defense attorney at Stephen A. Brundage, Attorney at Law, can help you navigate all of the new rules regarding marijuana use in Illinois. Schedule a consultation by calling 630-260-9647.
Source:
https://wgntv.com/2019/12/17/qa-what-to-know-when-recreational-marijuana-becomes-legal-in-illinois-jan-1/
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