The Latest on Pot Laws in Illinois


new laws for Illinois in 2016Here at O’Dekirk, Allred & Associates in Joliet, we wanted to share a bit about the latest on pot laws in Illinois. With laws changing frequently state by state, it’s easy to be confused about what’s going on here in Illinois. So, to provide clarity, medical marijuana is legal and recreational marijuana is not – that includes growing and possession.

Legal and Not Legal

Cannabis, generally known as marijuana, is illegal to grow and possess. This includes the leaves and flowers. It also includes the following forms:

  • Hash oil
  • Keif
  • Hashish
  • Seeds that can grow into a cannabis plant
  • Infusions, including tea, brownies, and lotions
  • Any resin extraction

Hemp, which is the mature stalks of the cannabis plant, is legal. Hemp oil and hemp fiber are also legal.

Cannabis Possession

According to pot laws in Illinois, it is illegal to carry cannabis on your person, in your car, or in your home. Luckily, the state took steps to decriminalize cannabis in 2016. Now if you’re caught with 10 grams or less of marijuana, you will face a civil citation and fine of up to $200. Prior to the change in laws, it would’ve been a Class B misdemeanor that came with jail time of up to 6 months and fine maximums of $1,500.  However, more than 10 grams will subject to a criminal charge and large amounts of cannabis can result in felony charges.

It is also illegal to sell or deliver cannabis to another person. It is additionally illegal to carry cannabis with the intent to sell, deliver, or manufacture. Actual sales or production do not have to take place in order for the activity to result in a charge.

If you or someone you know is facing a criminal cannabis charge, please contact us here at O’Dekirk Allred & Associates in Joliet for a confidential consultation.

Civil Offenses

If you are charged with a civil offense, you will generally be fined in accordance with how many times you have been caught with marijuana before. Some areas have additional laws with respect to marijuana possession. You can be fined at both a state and local level. Additionally, some local areas will fine you for possessing what is considered to be a personal amount (10 grams or less).


The various tools used to grow, produce, process, distribute, measure, or ingest marijuana are also illegal in Illinois. The pot laws in Illinois state that paraphernalia can include digital scales, grinders, zipper bags, smoking masks, bongs, pipes, products used to pass a drug test, and containers used for hiding or storing marijuana. Additional information is taken into account when determining whether an object is paraphernalia, including whether cannabis was present or near the object and whether the object can actually be used to ingest marijuana.


Driving under the influence of cannabis is illegal. If you are under the influence and have more than 5 nanograms of THC in your system, you can be charged with a DUI.

The latest on pot laws in Illinois may be more lenient but can still result in serious criminal charges. If you or someone you know is facing criminal charges related to cannabis, contact us here at O’Dekirk, Allred, and Associates in Joliet for help with drug offenses.

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