The Complete Guide to Cannabis in Chicago

Chicago’s cannabis landscape offers both medical and recreational options, but understanding the nuances of local laws is essential for Illinois residents and visitors alike.

From purchase regulations to possession limits, this guide breaks down key aspects of Chicago’s cannabis legislation.

Whether you’re a medical marijuana patient seeking medical cannabis or an adult interested in recreational use, here’s your primer on safely and legally engaging with cannabis in the Windy City.

Key Takeaways

Legal Age: You must be at least 21 years old to purchase and use recreational cannabis.
Purchase Limits: Adults 21+ can purchase up to 30 grams of cannabis flower, five grams of concentrate, and cannabis-infused products containing up to 500 milligrams of THC. For non-residents, it decreases to 15 grams of cannabis flower, 2.5 grams of cannabis concentrate, and 250 milligrams of THC content in infused cannabis products.
Consumption Rules: Public consumption is prohibited — enjoy your cannabis in private spaces.
Approved Dispensaries: Always buy from state-licensed dispensaries to ensure you get safe, regulated products.

Now, let’s explore the specifics of cannabis laws in Chicago, Illinois, and guide you through the essentials for an informed and enjoyable experience.

Everything to Know

cannabis laws by state

What are the cannabis laws in Illinois?

In Illinois, cannabis laws distinguish between medical and recreational use. Medical cannabis has been legal since 2013 under the Compassionate Use of Medical Cannabis Program Act. This allows patients with qualifying conditions to obtain an Illinois medical cannabis card and purchase cannabis from licensed dispensaries.

Recreational cannabis was legalized in Illinois on January 1, 2020, under HB 1438, also called the Cannabis Regulation and Tax Act.

Adults aged 21 and over can legally purchase and possess cannabis for personal use, with possession rules allowing up to 30 grams of cannabis flower, five grams of cannabis concentrate, and cannabis-infused products containing up to 500 milligrams of THC.

Of note, non-residents of Illinois face different possession limits, decreased to 15 grams of cannabis flower, 2.5 grams of cannabis concentrate, and no more than 250 milligrams of THC content in infused cannabis products.

Medical cannabis patients in Chicago are allowed to possess more than the recreational limits, up to 2.5 ounces of cannabis per 14-day period. With a waiver from a doctor, this limit can be increased.

Additionally, medical cannabis patients can cultivate up to five cannabis plants at home, provided they are kept in a secure, enclosed area away from public view.

To qualify for medical cannabis certification in Illinois, applicants must be residents of the state and at least 18 years old or have a caregiver over the age of 21.

The following individuals are ineligible for an Illinois medical cannabis card: active duty law enforcement officers, correctional officers, correctional probation officers, firefighters, and active school bus permit holders or commercial driver’s license (CDL) holders.

Recreational users are not permitted to grow cannabis plants. All cannabis must be purchased from state-licensed cannabis dispensaries. To ensure safety and quality, these cannabis dispensaries are subject to strict regulations, including security measures and product testing.

The public consumption of cannabis is generally prohibited in Illinois, including in streets, parks, and any place where smoking is banned under the Smoke-Free Illinois Act. Consumption of cannabis is restricted to private residences and some cannabis-friendly establishments, provided they comply with local ordinances.

Employers in Chicago have the right to enforce drug-free workplace policies and can prohibit employees from using cannabis. However, they cannot discriminate against employees or job applicants based solely on their status as medical cannabis patients.

Driving under the influence of cannabis remains illegal in Illinois. Law enforcement can conduct sobriety tests and use chemical testing to determine impairment. Penalties for driving under the influence of cannabis are similar to those for alcohol-related DUIs.

Generally, penalties for breaking the state’s cannabis laws range depending on the severity of the charge. Possession of over 30 grams for residents, for example, results in a misdemeanor with up to one year in jail and a fine of up to $2,500. Subsequent offenses range from three to 15 years in prison with a maximum fine of $25,000.

Cannabis products are subject to the state sales tax, local taxes, a tax that varies depending on the THC content of a product ranging from 10 to 25 percent, and an overall tax on cannabis-infused products of 20 percent.

Recreational cannabis products are taxed anywhere from 19.55 to 34.75 percent, depending on the product’s potency and the local taxes. Medical cannabis patients only pay the state sales tax of 6.25 percent and local taxes of up to 3.5 percent.

This is a substantial break from the taxes applied to recreational sales, which can reach as high as 34.75 percent.

Thanks to the 2018 Farm Bill, all derivatives and cannabinoids of the hemp plant are also legal in Illinois, including CBD, delta-8, delta-10 THC, and more. They are not further regulated in the state of Illinois.

What are the cannabis laws in Chicago?

In Chicago, as in other cities in Illinois, it’s against the law to consume any cannabis product in public spaces, parks, or work environments, including restaurants and bars.

Many living facilities, such as apartments and condos, have smoke-free policies, so checking with your landlord to confirm any applicable rules is essential.

Local governments can levy a percentage-of-price excise tax on cannabis. Illinois law caps a three percent tax rate for municipalities and 3.75 percent for counties. Both Chicago and Cook County levy the maximum tax rate for cannabis sales, so customers in Chicago pay a six percent local excise tax on purchases.

Qualifying conditions

The Compassionate Use of Medical Cannabis Program Act states that qualifying patients must be diagnosed with a “debilitating condition” to be eligible for an Illinois medical marijuana card. You may be approved for medicinal cannabis if you have a qualifying medical condition, including:

Addiction Treatment
AIDS/HIV
Alzheimer’s Disease
Amyotrophic Lateral Sclerosis (ALS)
Arthritis
Autism/Asperger Syndrome
Cachexia or Wasting Syndrome
Cancer
Chiari Malformation (Arnold Chiari Malformation) and Syringomyelia
Chronic Kidney Disease (CKD), Renal Failure
Chronic Pain, Muscle Pain, and Other Types of Pain
Complex Regional Pain Syndrome (CRPS)
Crohn’s Disease
Cystitis
Dystonia
Eating Disorders (e.g., anorexia, bulimia, obesity)
Ehlers-Danlos Syndrome (EDS)
Epilepsy

How to Get a Medical Marijuana Card in Chicago

closeup hand holding MMJ card

When you apply for the Illinois medical marijuana card, you must enroll in the Illinois Medical Cannabis Patient Program (MCPP). Patients must be at least 18 years old to qualify, and those younger must appoint a caregiver who can access cannabis on their behalf.

You’ll need to provide the following to apply for an Illinois medical marijuana card:

Medical Cannabis Recommendation: Approval from a licensed healthcare provider. After approval, your details will be submitted directly to the State of Illinois Medical Cannabis Patient program. Illinois-residing veterans who receive health services from Veteran’s Administration (VA) Facilities are not required to obtain approval from a physician.
Proof of Identity: Illinois driver’s license, IL state ID, passport, or out-of-state ID with (1) proof of residence.
Proof of Illinois Residence (Optional): Acceptable proof of residence is anything that shows your current address, such as utility bills, bank statements, property tax statements, voter registration cards, and health insurance documents.

You can discuss qualifying for medical cannabis with your current physician or search for a Chicago cannabis doctor to learn if your health concern may benefit from cannabis use.

Many Chicago residents have also successfully used telemedicine services such as Leafwell to connect with an Illinois medical cannabis doctor virtually. Telemedicine allows for more immediate and convenient appointment times. It’s possible to talk to a doctor from the comfort of your home while receiving the same level of dedicated, knowledgeable care.

Once you’ve received your medical cannabis recommendation, complete the state side of the application process by registering with the Illinois Cannabis Tracking System. Your “Health Care Professional Certification” number will take 24 to 48 hours to appear after receiving your recommendation.

Fill out the application and submit payment to the state. Then, you will be directed back to the “Patient Registration” tab. Your status will show “SOS Check” until your card is ready.

Following approval, you’ll receive a temporary digital card via email within 24 hours and can start shopping at a medical cannabis dispensary with this in hand.

The State no longer provides physical medical marijuana cards, so once you’re approved, you’ll need to print your card or save the PDF to your phone. You’ll present either a digital or physical copy of this card to gain access to medical-exclusive benefits at dispensaries.

Medical cannabis for minors

Medical marijuana patients under the age of 18 have a different set of requirements to apply for the Medical Cannabis Patient Program. A minor qualifying patient needs two doctor recommendations, an HCP Certification and a Reviewing HCP Certification.

A qualifying medical marijuana patient under 18 may designate up to three caregivers. At least one caregiver must be the minor’s biological parent or legal guardian, and one caregiver is included at no charge in the application fee for a minor.

Caregivers of qualifying patients under 18 years of age may only legally purchase cannabis-infused products from licensed dispensing organizations. Other types of medical cannabis products, such as flower and vapes, are prohibited.

Minor patient medical marijuana cards are valid until they expire, regardless if the patient reaches the age of majority. If the medical marijuana patient wishes to use the current card until the expiration date, they can.

Other Advantages of an Illinois Medical Marijuana Card

jars of cannabis on a tables with hands of people visible and an MMJ card

Even though adult-use cannabis is legal in Chicago, there are many reasons why an individual would opt to become a medical cannabis patient. Getting an Illinois medical marijuana card comes with benefits, including paying less at the register, increased possession limits, and the ability to cultivate.

Cultivating cannabis in Illinois is only legal for those with a medical cannabis card who are over 21 years old. Registered medical marijuana patients can grow up to five mature plants at a time. Cannabis plants must be cultivated in a secure place that is out of the public view.

One of the primary differences between medical and recreational cannabis laws in Chicago is the age requirement. For recreational use, individuals must be at least 21 years old. In contrast, medical cannabis patients can be 18 or even younger with parental consent, two physician recommendations, and a qualifying medical condition.

Possession limits also differ between medical and recreational cannabis. Adults aged 21 and over can legally purchase and possess cannabis for personal use, with possession rules allowing up to 30 grams of cannabis flower, 5 grams of cannabis concentrate, and cannabis-infused products containing up to 500 milligrams of THC. Of note, non-residents of Illinois face different possession limits, decreased to 15 grams of cannabis flower, 2.5 grams of cannabis concentrate, and no more than 250 milligrams of THC content in infused cannabis products.

Medical cannabis patients in Chicago, in contrast, are allowed to possess more than the recreational limits, up to 2.5 ounces of cannabis per 14-day period. With a waiver from a doctor, this limit can be increased.

There are also substantial tax rate differences between medical and recreational cannabis purchases. Illinois medical cannabis patients only pay the state sales tax of 6.25% and local taxes of up to 3.5%. What medical cannabis patients pay in taxes is a substantial break from the taxes applied to recreational sales, which can reach as high as 34.75%, including Cook County and City of Chicago local taxes.

When it comes to employee protections, while Illinois employers have the right to maintain a drug-free workplace, they cannot discriminate against individuals for their status as medical cannabis cardholders.

Employees can be disciplined or fired for using or possessing cannabis during work hours or on company property and can be subject to drug tests, but testing positive doesn’t mean you’ll automatically be fired. However, a positive test can lead to disciplinary action if it goes against the employer’s drug policy.

Where to Consume Cannabis in Chicago?

person smoking joint on green background

In Chicago, public consumption of cannabis is strictly prohibited. It is not permissible to smoke, vape, or consume edibles in public spaces such as parks, sidewalks, or any other areas accessible to the general public.

Cannabis consumption is also banned in places where tobacco smoking is prohibited, which includes restaurants, bars, workplaces, and indoor public spaces, under the Smoke-Free Illinois Act.

It is illegal to consume cannabis in any vehicle, moving or otherwise, and operating a vehicle under the influence of cannabis is prohibited. Cannabis can be transported in a vehicle, but it cannot be accessible by anyone in the vehicle while in transit.

Private residences are the most common and legally safe places to consume cannabis. It’s essential to check your lease agreement if you rent your home, as some landlords may have specific rules against cannabis use on their property. When consuming cannabis in a private residence, it’s crucial to ensure that you do not expose minors to secondhand smoke or allow them access to cannabis products, as this can lead to legal issues.

Social consumption sites are available in Chicago, including cannabis-infused restaurants and 420-friendly venues that don’t advertise as cannabis lounges but allow consumption onsite.

If you’re staying in a hotel or Airbnb, always check the property’s rules regarding cannabis use. Many hotels have strict no-smoking policies, and violating these can result in fines or eviction.

The City of Chicago website offers a helpful page on where you can and cannot consume cannabis.

Local Brands / Producers

Here are a few of our favorite Chicago- and Illinois-based cannabis brands and dispensaries:

Products Only Available in Chicago and Illinois

cannabis topical cream

While many CBD and hemp products are generally legal nationwide, companies selling THC-containing cannabis products have to comply with local and state regulations. As such, some cannabis brands are exclusively available in Illinois – we’ve listed some of our favorites here: