LocalState of Illinois

Illinois becomes 11th state in US to legalize recreational marijuana

CHICAGO- Illinois on Tuesday became the 11th state to legalize the use of recreational marijuana (HB 1438) for persons over 21 years of age.

While the use of recreational marijuana continues to be illegal under federal law, Illinois residents will be able to purchase and possess up to 30 grams of cannabis flower or 5 grams of cannabis concentrate or no more than 500 milligrams of THC contained in a cannabis-infused product at a time.

Non-residents will be allowed to purchase and possess up to 15 grams of cannabis flower; 2.5 grams of cannabis; and/or no more than 250 milligrams of THC contained in a cannabis-infused product.

Cannabis sales will be taxed at seven-percent of the gross receipts from the sale of cannabis by a cultivator or a craft grower to a dispensing organization while consumers will pay 10-percent of the purchase price for cannabis with a THC level at or below 35%; 20-percent of the purchase price for all cannabis-infused products; and 25-percent of the purchase price for cannabis with a THC level above 35-percent.

The Illinois Department of Revenue projects that the marijuana industry will generate over $57 million in tax revenue and licensing fees in FY20 and, in tax revenue alone, $140.5 million in FY21, $253.5 million in FY22, $323.5 million in FY23, and $375.5 million in FY24.

Twenty-percent of state cannabis revenue will support efforts to address substance abuse and prevention and mental health. Twenty-five percent of state cannabis revenue will be transferred to the Criminal Justice Information Projects Fund to support the R3 program.

Purchases must be made at a licensed and established dispensary. Licensed cultivation centers could grow product while medical marijuana patients will be able to grow up to five plants at home for personal use.

The law, which was signed by Ill. Gov. Pritzker on Tuesday, June 25, also will also expunge roughly 700,000 criminal records for those who have previously purchased or possessed 30 grams of cannabis, or less.

House Bill 1438 will go into effect on Jan. 1, 2020. Local governments retain the right to regulate the location of a cannabis business and home growing.

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