Illinois

Navigating Illinois State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers and/or a list of adult use retailers to find out where to purchase regulated cannabis in Illinois. 

Traveling? Get more information about traveling in the US here. 

Home cultivation is allowed in Illinois, for medical cannabis patients and their caregivers to cultivate up to five cannabis plants simultaneously for personal use. Recreational cultivation is not permitted, and growing five or fewer plants for recreational use is a misdemeanor that comes with a fine. 

Get involved locally!

Background on State Laws

Illinois is continuing to improve patient access but not much has been done to implement patient legal protections. In 2019, Illinois became the first state to legalize the non-medical use of cannabis through the legislature. Cannabis is legal to all adults over 21 in Illinois. Home cultivation is not legal for anyone. Patients report high prices and inconsistent product availability. Patients and caregivers may possess up to 2.5 ounces in public. Many blame the adult-use market for the decrease in supply and the increase in cost of cannabis products. Up until recently, patients had to register with a single dispensary to receive their medication, but this is no longer the case. There is no reciprocity for out of state patients in Illinois. Details on how these laws apply to patients and medical professionals can be found below.

In 2019, Governor JB Pritzker of the state of Illinois signed into law a revision of the Illinois Cannabis Control Act (720 ILCS 550.1 et seq.) allowing residents to possess up to 30 grams of cannabis. In the same year, the state also authorized an automatic expungement process for those convicted of a minor cannabis offense of less than 30 grams, excluding violent crimes. Expungement can be granted in cases involving misdemeanors and level 4 felonies of greater quantities of cannabis, following submission of a petition. On June 25, 2019, the Public Act 101-27 passed into law. This made any record which was deemed a “Minor Cannabis Offense” eligible for expungement. Review the website of the Illinois State Police.

Here is a breakdown of how Illinois fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Illinois can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	90/100
Arrest Protection 25/25 Affirmative Defense 20/20 Parental Rights Protections 10/20 Employment Protections 20/20 DUI Protections 10/10 Explicit Privacy Standards 5/5
Access to Medicine	45/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 0/20 - Authorizes Delivery 0/10 - Authorizes Curbside Pickup 0/10 Personal Cultivation 15/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 15/30 Reciprocity 5/20
Program Functionality	90/100
Legal Protections Within Reasonable Time Frame 15/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 10/10 Telemedicine for Physician Certifications 10/15 Patient and Physician Representation in Program Decision Making 20/20 Reasonable Caregiver Standards 5/5 - Background Checks 2/2 - Number of Caregivers 3/3 Reasonable Physician Standards 5/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 5/5
Affordability	65/100
Sales Tax Break for Patients and Caregivers 20/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 15/20 Donation Program 0/10 Allows Multi-Year Registrations 10/10
Health and Social Equity	75/100
State Program Protections 25/25 Housing Protections 20/25 Access for Minors 5/10 Access in Underserved Areas 0/10 List of Qualifying Conditions is Exhaustive or All Inclusive 10/10 Allows Patients to Medicate Where they Choose 5/10 Organ Transplants 5/5 Ownership or Employment Restrictions 5/5
Consumer Protection and Product Safety	138/200
Cultivation Operations 30/50 Quality Management Systems 10/10 Staff Training 0/10 Standard Operating Procedures 7/8 - Facility and Equipment Sanitation 1/1 - Workplace Safety 0/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Water Management 1/1 - Records Management 1/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 2/2 Required Testing 4/8 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 0/1 - Foreign Matter 0/1 - Moisture Content/ Water Activity 0/1 Packaging and Labeling 2/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 1/1 Complaints, Adverse Event Reporting, and Recall Protocol 3/7 Manufacturing Operations 27/50 Quality Management Systems 10/10 Staff Training 0/10 Standard Operating Procedures 6/7 - Facility and Equipment Sanitation 1/1 - Workplace Safety 0/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Environmental Impact Regulations 0/3 Required Testing 5/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 0/1 - Residual Solvents 1/1 - Homogeneity 0/1 - Foreign Matter 0/1 - Water Activity 0/1 Packaging and Labeling 3/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 1/1 - Allergens 1/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 3/5 Dispensary Operations 43/50 Staff Training 20/20 Standard Operating Procedures 6/7 - Facility Sanitation 1/1 - Workplace Safety 0/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Product Testing 10/10 - Product Meets Requirements Before Sale 5/5 - COA Disclosure 5/5 Complaints, Adverse Event Reporting and Recall Protocol 7/13 Laboratory Operations 38/50 Independent or Third-Party 5/5 Laboratory Sampling 5/5 Method Validation 4/4 Quality Management Systems 5/5 Staff Training 10/20 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 1/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Result Reporting 2/4
Score Penalties	10/100
Gives Regulatory Preference to Adult Use 10/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 0/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.