You and Illinois’s proposed Cannabis Regulation and Tax Act. Part 1 – the personal use of cannabis, home-growing in Illinois, and possession limits.

Crain’s Chicago Business ran a listicle by John Pletz this morning entitled the 5 things you didn’t know were in the Illinois weed bill.

But what about all the other things you need to know about Illinois’s new marijuana legislation, all the regulations, the licenses, the incentives?

We’re going to take the time over the next few weeks to go through the 533 page proposed Illinois Cannabis Regulation and Tax Act and discuss Illinois’s foray into cannabis cultivation and dispensing – assuming it passes in a reasonably similar form to what’s proposed in current Senate Bill #7 – starting with the personal use of cannabis in Illinois – Article 10 of the proposed Illinois marijuana legislation.

Here’s what you should know about using cannabis in Illinois under the Cannabis Regulation and Tax Act.

Beginning January 1, 2020, people 21 and older may:

Possess, consume, use, purchase, obtain, or transport cannabis in amounts under the lawful limits which are, cumulatively:

For residents –

• (1) 30 grams of cannabis flower;
• (2) no more than 500 milligrams of THC contained in cannabis-infused product;
• (3) 5 grams of cannabis concentrate; and
• (4) any cannabis produced by cannabis home-growing (see below) provided any amount of cannabis produced in excess of 30 grams of raw cannabis or its equivalent must remain secured within the residence or residential property in which it was grown.

For non-residents –

• (1) 15 grams of cannabis flower;
• (2) 2.5 grams of cannabis concentrate; and
• (3) 250 milligrams of THC contained in a cannabis-infused product.

Cultivate cannabis for personal use in accordance with the Illinois Cannabis Regulation and Tax Act:

An Illinois resident may cultivate cannabis plants with a limit of 5 plants that are more than 5 inches tall, per household without a cultivation center or craft grower license. The cultivation space must be enclosed and locked. Illinois cannabis dispensaries can sell cannabis seeds to these home-growers for the purpose of cultivation – but seeds may not be given or sold to any other person. Cannabis plants can’t be stored in public view and home cannabis cultivators must take “reasonable precaution” to ensure the plants are secure from unauthorized access.

This personal marijuana growing can only take place in Illinois on residential property lawfully in the possession of the cultivator or with the consent of the person in lawful possession of the property. Landlords can prohibit cannabis cultivation. A dwelling, residence, apartment or condo that’s not divided into multiple dwelling units can’t have more than 5 cannabis plants at one time. Residents can tend the plants – and so can cannabis plant sitters when you’re out of town. The cannabis that home-growers make is for personal use and breaching the limit, or violating the law by giving away cannabis plants, cannabis, or cannabis-infused products produced through home growing subjects you to penalties and violations of the Cannabis Control Act.

Some of the issues with improper use of cannabis in Illinois following legalization of recreational use once the Cannabis Regulation and Tax Act becomes law:

• Under the Illinois’s new proposed Cannabis Regulation and Tax Act those under 21 years found in possession of amounts of marijuana in Illinois under the limits stated in the Cannabis Regulation and Tax Act for those over the age of 21 are guilty of a Class A misdemeanor and possession of amounts of cannabis over those allowed by Illinois’s Cannabis Regulation and Tax Act are subject to the Cannabis Control Act.
• A driver’s license can be suspended or revoked for violation of the cannabis possession limits.
• Parents or guardians who knowingly permit people under 21 to use cannabis at their property are subject to penalties.
• It is improper and there is no shield from liability for a person who undertakes a task (operating machinery, for example) under the influence of cannabis when doing so would constitute negligence, professional malpractice, or professional misconduct.
• You cannot possess cannabis on a school bus, at a school or on school property or at a childcare facility, in a prison, in a private vehicle unless it is secured in a sealed container and inaccessible while driving, and you cannot use cannabis in a public place, close to someone under the age of 21, nor smoke it in a place where smoking tobacco is not allowed.
• Businesses can restrict the use of cannabis on their property including parking lots and, through reasonable employment policies, by their employees in the workplace (a nondiscriminatory policy should be adopted).

Some other issues with regard to personal cannabis use in Illinois under the proposed Cannabis Regulation and Tax Act:

• Dispensaries aren’t required to gather or review any identification for those looking to purchase cannabis other than a government-issued ID and cannabis dispensing organizations in Illinois are prohibited from obtaining and recording personal information about a purchaser without the purchaser’s consent.
• Lawful cannabis sellers and users in Illinois are not subject to arrest, prosecution or denial of a right or privilege or civil penalty or action taken by a disciplinary board (provided the cannabis use does not impair the person engaged in the regulated profession they’re licensed to practice).
• Application for a right granted under the Cannabis Regulation and Tax Act does not give rise to probable cause or reasonable suspicion that a crime has been committed and cannot be the grounds for search of a person or property.
• Use of cannabis in Illinois doesn’t disqualify you from being an organ donor.
• The proposed Illinois Cannabis Regulation and Tax Act prohibits discrimination in guardianship, trusteeship, divorce, child welfare and other proceedings based on cannabis use.
• Nothing in the Illinois Cannabis Regulation and Tax Act is construed to require a person or establishment to allow a guest, client, lessee, customer, or visitor to use cannabis on their property.