Frequently Asked Questions
Who can consume recreational cannabis in Illinois under the new law?
Adults age 21 years and older can possess and consume limited quantities of cannabis or cannabis-infused product. You cannot legally possess or use any amount of cannabis if you are under the age of 21.
How much recreational cannabis can I legally possess?
Illinois residents age 21 and older can legally possess 30 grams of cannabis leaf, 5 grams of cannabis concentrate or 500 milligrams of cannabis-infused product. Out of state residents can legally possess half of those amounts.
Where can I consume recreational cannabis?
You can legally consume cannabis or THC-infused products in your home, on your private property or in businesses specifically licensed for cannabis consumption. Landlords and property owners can ban cannabis consumption on their property.
Are there any places where smoking or consuming cannabis is not permitted under the new law?
Yes. You cannot consume cannabis or THC-infused products in any public place. This is defined as any place where a person could reasonably be expected to be seen by others and includes streets, sidewalks, parks, playgrounds and parking garages.
Consumption is also prohibited in motor vehicles, on any preschool, primary or secondary school grounds, or anywhere smoking is already prohibited, like restaurants and bars.
Where can I purchase recreational cannabis?
The only place to legally purchase cannabis or THC-infused products is at a licensed business. Private sales are illegal.
Can recreational cannabis be sold in Naperville?
Not at this point. At its September 3, 2019 meeting, following more than three hours of public comment from 238 registered speakers on this topic, the City Council voted 6-3 to prohibit adult-use cannabis business establishments other than medical cannabis cultivation centers and medical cannabis dispensing organizations. However, based on the outcome of the March 17, 2020 referendum question, in which a majority of votes were cast in support of allowing the sale of recreational adult use cannabis in Naperville, City Council has directed staff to begin the process of creating zoning regulations for these facilities. A recreational adult use cannabis facility will not be permitted to open in Naperville until these zoning regulations have been adopted by the City Council.
Does the City of Naperville have control over locating dispensaries in unincorporated areas?
The counties, not the City of Naperville, has jurisdictional control of unincorporated areas. The individual county boards have sole authority concerning whether to allow adult-use recreational cannabis businesses in unincorporated areas.
Who is allowed to grow cannabis in Illinois under the new law?
Only registered medical marijuana patients over 21 years of age are permitted to grow up to five marijuana plants at a time, and growing is only allowed in a locked, secure area outside of public view.
Who is allowed to possess cannabis in Illinois in a vehicle under the new law?
Like alcohol, consumption of cannabis in a motor vehicle is prohibited and must be transported in a sealed, odor proof, child resistant container that is reasonably inaccessible in the vehicle.
What is the legal limit of THC blood concentration for a DUI in Illinois?
The legal limit for driving is a THC blood concentration of more than five nanograms per milliliter. If you have more than that in your system, or are impaired, you may be charged with a DUI.
Can an employer restrict the use of cannabis?
The Act permits an employer to utilize a Zero Tolerance Policy, meaning no cannabis consumption. It is recommended that individuals check with their employer and the personnel manual.
Where can I get additional information regarding the Cannabis Regulation and Tax Act?
The Illinois Department of Finance and Professional Regulation is responsible for implementing and administrating multiple aspects of the Cannabis Regulation and Tax Act and is a source for additional information about the new law.
What are the penalties for violating cannabis laws?
Naperville has updated its municipal code to match the state law, and anyone found in violation of the new law will be issued a citation or subject to other enforcement action.
What was the referendum question on the March 17, 2020 ballot?
At its October 15, 2019 meeting, the Naperville City Council voted 6-3 to adopt a resolution establishing an adult-use cannabis referendum on the March 17, 2020 ballot. This was an advisory (non-binding) referendum intended to gauge public opinion and guide future discussions by the City Council.
The referendum read: "Shall the City of Naperville, in light of state legislation legalizing the possession, consumption, and sale of recreational adult use cannabis, allow the sale of recreational adult-use cannabis within its jurisdiction?"
The majority of Naperville voters in DuPage and Will Counties voted in favor of allowing the sale of recreational cannabis within Naperville.