Background

The Cannabis Regulation and Tax Act (Public Act 101-0027*Link to ILGA) was signed into law by Governor JB Pritzker on June 25, 2019. Therefore starting January 1, 2020, Illinois residents over 21 years of age can legally possess and privately use cannabis under certain limitations.

Important Limitations

• Smoking cannabis in public places is prohibited.
• You must be at least 21 years of age to purchase, possess, or use cannabis.
• Only licensed dispensaries are allowed to sell products containing cannabis.
• When transporting in a vehicle, the cannabis must be in a sealed and child-resistant container that is inaccessible during transport.
• You can only purchase/possess 500 mg of edible THC, 30 grams of plant material, and 5 grams of cannabis concentrate.
• You cannot use cannabis in public places, schools, childcare facilities, or areas where property owners prohibit the use of cannabis.
• You will be arrested if you are driving under the influence of cannabis.

Further Information Regarding the Act

Local Regulation and Authority

The Village of Elk Grove may not restrict the private consumption of cannabis that is authorized by the Act.

Smoking Areas

The Act applies the restrictions of the Smoke Free Illinois Act on smoking cannabis, and provides that property owners may prohibit the use of cannabis by any guest, lessee, customer, or visitor. Furthermore, lessors may prohibit cultivation of cannabis by their lessees. Additionally¸ the Act prohibits the use of cannabis in public places, schools, and childcare facilities among other locations.

State Licensing of Production and Distribution

The Act authorizes the production and distribution of cannabis and cannabis products through state-licensed cultivators, craft growers, infusers, transporters, and dispensaries.

Medical Program Participants

Home grow cannabis will be authorized only for medical cannabis program participants, and participants are limited to five plants in their residence subject to specified restrictions. Home grow of recreational cannabis by non-medical participants is prohibited.

Employment Regulations

Employers are not prohibited from adopting reasonable zero tolerance, drug free workplace policies, or other drug-related policies provided the policies are applied in a nondiscriminatory manner. Employers are not required to permit employees to be under the influence of or use cannabis in the workplace, or while performing job duties or while on call. Under the law, employees may be disciplined for violating a workplace drug policy.