What Are The Rules About Marijuana Use in Kane County, IL?
As Jan. 1 legalization draws near, what are the rules about marijuana use in Kane County, IL?
The state of Illinois has posted a relatively long list of answers to frequently asked questions about marijuana use, which we’re posting below.
It’s important to remember that there are rules, and the places one can legally consume marijuana are limited. Basically, you can use marijuana in the privacy of your own home — and only then if you’re 21 or older and not in close physical proximity to anyone under 21 years of age.
You can’t ingest it in a public place, you can’t smoke in your car and you can’t consume it at a dispensary.
You can’t drive under the influence, and you can’t transport it across state lines.
The following information is provided as a courtesy of the Illinois Department of Financial and Professional Regulation for informational purposes only and not for the purpose of providing legal advice.
Who may purchase cannabis?
Adults 21 years of age or older.
How much may a purchaser possess?
Illinois residents over the age of 21 may legally possess:
- 30 grams of cannabis flower
- 500 mg of THC in a cannabis-infused product
- 5 grams of a cannabis concentrate.
Non-residents over the age of 21 may legally possess:
- 15 grams of cannabis flower
- 250mg of THC in a cannabis-infused product
- 2.5 grams of cannabis concentrate
These totals are cumulative, meaning a person 21 years of age or older may possess a combination of cannabis flower, cannabis-infused products, and cannabis concentrates up to the limit for each category of product.
Where can I find a dispensary?
A list of licensed dispensaries can be found at this link to the IDFPR website.
Can I grow my own?
Only Registered Qualifying Medical Cannabis Patients may grow cannabis at home.
Can I consume cannabis at an on-site consumption lounge?
The Cannabis Regulation and Tax Act permits local governments to authorize on-site consumption lounges. The department does not license on-site consumption lounges.
Are there rules for how I can transport cannabis in a vehicle?
While a motor vehicle is in operation, cannabis must be in a sealed, odor-proof, child-resistant container. It is a Class A misdemeanor to transport cannabis in any other type of container.
Cannabis cannot be used in a motor vehicle.
Where can I possess and consume cannabis?
The act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, any of the following conduct:
(1) Undertaking any task under the influence of cannabis when doing so would constitute negligence, professional malpractice, or professional misconduct;
(2) Possessing cannabis:
(A) In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act;
(B) On the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver
pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act;
(C) In any correctional facility;
(D) In a vehicle not open to the public unless the cannabis is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving; or
(E) In a private residence that is used at any time to provide licensed child care or other similar social service care on the premises;
(3) Using cannabis:
(A) In a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act;
(B) On the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act;
(C) In any correctional facility;
(D) In any motor vehicle;
(E) In a private residence that is used at any time to provide licensed child care or other similar social service care on
the premises;
(F) In any public place; or
(G) Knowingly in close physical proximity to anyone under 21 years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Pilot Program Act;
(4) Smoking cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act;
(5) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while using or under the influence of cannabis in violation of Section 11-501 or 11-502.1 of the Illinois Vehicle Code;
(6) Facilitating the use of cannabis by any person who is not allowed to use cannabis under this Act or the Compassionate
Use of Medical Cannabis Pilot Program Act;
(7) Transferring cannabis to any person contrary to this Act or the Compassionate Use of Medical Cannabis Pilot Program Act;
(8) The use of cannabis by a law enforcement officer, corrections officer, probation officer, or firefighter while on duty; or
(9) The use of cannabis by a person who has a school bus permit or a Commercial Driver’s License while on duty.
As used in this Section, “public place” means any place where a person could reasonably be expected to be observed by others. “Public place” includes all parts of buildings owned in whole or in part, or leased, by the state or a unit of local government.
“Public place” does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises.
(b) Nothing in this Act shall be construed to prevent the arrest or prosecution of a person for reckless driving or driving under the influence of
cannabis if probable cause exists.
(c) Nothing in this Act shall prevent a private business from restricting or prohibiting the use of cannabis on its property, including areas where motor vehicles are parked.
SOURCE: IDFPR website
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