Is Weed Legal in Illinois? (2026)

Instrument

Personal use of cannabis; possession limit

Source

https://www.ilga.gov/Documents/legislation/ilcs/documents/041007050K10-5.htm

Retrieved

2026-11-07

Fingerprint

616babc45e79b0a2

Sec. 10-5.
Personal use of cannabis; restrictions on cultivation; penalties.
(a) Beginning January 1, 2020, notwithstanding any other provision of law, and except as otherwise provided in this Act, the following acts are not a violation of this Act and shall not be a criminal or civil offense under State law or the ordinances of any unit of local government of this State or be a basis for seizure or forfeiture of assets under State law for persons other than natural individuals under 21 years of age:
(1) possession, consumption, use, purchase, obtaining, or transporting cannabis paraphernalia or an amount of cannabis for personal use that does not exceed the possession limit under Section 10-10 or otherwise in accordance with the requirements of this Act;
(2) cultivation of cannabis for personal use in accordance with the requirements of this Act; and
(3) controlling property if actions that are authorized by this Act occur on the property in accordance with this Act.
(a-1) Beginning January 1, 2020, notwithstanding any other provision of law, and except as otherwise provided in this Act, possessing, consuming, using, purchasing, obtaining, or transporting cannabis paraphernalia or an amount of cannabis purchased or produced in accordance with this Act that does not exceed the possession limit under subsection (a) of Section 10-10 shall not be a basis for seizure or forfeiture of assets under State law.
(b) Cultivating cannabis for personal use is subject to the following limitations:
(1) An Illinois resident 21 years of age or older who is a registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act may cultivate cannabis plants, with a limit of 5 plants that are more than 5 inches tall, per household without a cultivation center or craft grower license. In this Section, "resident" means a person who has been domiciled in the State of Illinois for a period of 30 days before cultivation.
(2) Cannabis cultivation must take place in an enclosed, locked space.
(3) Adult registered qualifying patients may purchase cannabis seeds from a dispensary for the purpose of home cultivation. Seeds may not be given or sold to any other person.
(4) Cannabis plants shall not be stored or placed in a location where they are subject to ordinary public view, as defined in this Act. A registered qualifying patient who cultivates cannabis under this Section shall take reasonable precautions to ensure the plants are secure from unauthorized access, including unauthorized access by a person under 21 years of age.
(5) Cannabis cultivation may occur only on residential property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property. An owner or lessor of residential property may prohibit the cultivation of cannabis by a lessee.
(6) (Blank).
(7) A dwelling, residence, apartment, condominium unit, enclosed, locked space, or piece of property not divided into multiple dwelling units shall not contain more than 5 plants at any one time.
(8) Cannabis plants may only be tended by registered qualifying patients who reside at the residence, or their authorized agent attending to the residence for brief periods, such as when the qualifying patient is temporarily away from the residence.
(9) A registered qualifying patient who cultivates more than the allowable number of cannabis plants, or who sells or gives away cannabis plants, cannabis, or cannabis-infused products produced under this Section, is liable for penalties as provided by law, including the Cannabis Control Act, in addition to loss of home cultivation privileges as established by rule.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

Sec. 10-10.
Possession limit.
(a) Except if otherwise authorized by this Act, for a person who is 21 years of age or older and a resident of this State, the possession limit is as follows:
(1) 60 grams of cannabis flower;
(2) no more than 1000 milligrams of THC contained in cannabis-infused product;
(3) 10 grams of cannabis concentrate; and
(4) for registered qualifying patients, any cannabis produced by cannabis plants grown under subsection (b) of Section 10-5, provided any amount of cannabis produced in excess of 60 grams of raw cannabis or its equivalent must remain secured within the residence or residential property in which it was grown.
(b) For a person who is 21 years of age or older and who is not a resident of this State, the possession limit is:
(1) 30 grams of cannabis flower;
(2) 5 grams of cannabis concentrate; and
(3) 500 milligrams of THC contained in a cannabis-infused product.
(c) The possession limits found in subsections (a) and (b) of this Section are to be considered cumulative.
(d) No person shall knowingly obtain, seek to obtain, or possess an amount of cannabis from a dispensing organization or craft grower that would cause him or her to exceed the possession limit under this Section, including cannabis that is cultivated by a person under this Act or obtained as a qualified registered medical patient, provisional patient, designated caregiver, or Opioid Alternative Patient Program participant.
(d-1) No qualified patient, provisional patient, designated caregiver, or Opioid Alternative Patient Program participant shall knowingly obtain, seek to obtain, or possess, individually or collectively, an amount that would cause the individual to exceed that individual’s adequate medical supply.
(e) (Blank).
(Source: P.A. 104-463, eff. 6-12-26.)