Is CBD Oil Legal in Illinois?

is cbd oil legal in illinois
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In This Article

The last few years have been very successful for CBD in terms of both popularity and legality. The number of users has been steadily increasing, and people have never been this open to trying CBD. The CBD educational campaign has had a lot to do with that.

In 2018, legislators chose to legalize CBD throughout the United States. The federal government adopted the new Farm Bill that regulates hemp-derived products and legalizes them, provided they contain no more than 0.3% of THC.

However, some states still have restrictive regulations related to cannabidiol. Our focus in this article is Illinois, so let’s see what the current situation is.

Is CBD Oil Legal in Illinois?

2020 is an important year for cannabis users in Illinois because a Senate Bill legalizing recreational marijuana use become active on January 1. This was welcomed by many people throughout the state, resulting in huge lines at cannabis dispensaries that sell marijuana-based products.

Illinois has become the 11th state in the U.S. to legalize recreational marijuana use. The key person who made that possible is Governor J.B. Pritzker, who started the campaign for cannabis legalization in 2018. Furthermore, it was one of the key foundations of Pritzker’s campaign for office.

It took more than a year to complete the legal framework, but you can now legally use cannabis-based products in Illinois. That means CBD oil is also legal, and you can purchase it in recreational dispensaries throughout the state.

As for the history of marijuana use in Illinois, the state had legalized medical cannabis in 2014. Pat Quinn, who was the governor at the time, signed the bill in 2013, and it became active a year later. That legislation allowed patients who registered with the state to acquire up to 2.5 ounces of cannabis on a bi-weekly basis.

Bruce Rauner, who was elected as governor in 2014, vetoed a proposed bill that would have eliminated criminal penalties for possessing no more than 15 grams of cannabis. However, Rauner approved a bill that decriminalizes cannabis possession with the restriction set to ten grams a year later.

Why Did Illinois Legalize CBD Oil?

The State of Illinois organized a non-binding referendum in March 2018 and asked its citizens their opinion on the legalization of selling, testing, distributing, manufacturing, and cultivating marijuana for recreational use. Almost 66% of the voters said that they support cannabis legalization.

Finances are the other potential reason for legalizing marijuana. Three years ago Sen. Heather Steans and state Rep. Kelly Cassidy proposed a bill that would regulate and legalize this plant. According to their estimations, the state could earn approximately $700 million annually from legalization.

Those in favor of marijuana supported this bill, believing that legalization would help to fight the black market. That way, users could have access to better quality cannabis products, and the state could profit from taxes.

In May 2019 the Senate passed a bill that legalized marijuana for recreational purposes. According to the law, anyone that meets age requirements (set to 21 in Illinois) can legally possess and buy CBD and other cannabis-based products. However, the bill had some restrictions apart from the age limit.

How Much CBD Oil Is Legal to Possess in Illinois?

Although the newest regulations allow the use CBD oil for recreational purposes, you need to follow certain restrictions. The limit for tinctures, such as CBD oil, is set to 500 milligrams of THC. This is the highest amount of cannabidiol tincture that you can possess in Illinois legally.

The limit is the same for edibles, and there are also restrictions for concentrates and flowers. The limit for concentrate is set to five grams and for flowers is 30 grams (a bit more than an ounce).

What About CBD Taxes in Illinois?

The legalization of cannabis helps regulate the market, which is important for users. It reduces the black-market share and ensures that manufacturers comply with specific requirements imposed by the state. That way, you know that the claims the company makes on the label are true and that you are consuming high-quality CBD oil.

The only downside might be the increased price of legal cannabis-based products. However, most users believe it is worth paying extra to ensure you get an original product of adequate quality. The specific price increase depends on the taxes for that product. When it comes to cannabis-based items in Illinois, the taxes vary depending on the product type.

If the product has a THC concentration larger than 35%, the imposed tax is 25%. That is why manufacturers tend to keep THC quantity under 35%. In this case, the state tax will only be 10%. The expected tax for CBD edibles is 20%.

According to the specifics of the new law, there is also a 7% gross receipts tax that is charged when dispensaries obtain cannabis from cultivators. This often ends up getting paid by the customers, since most dispensaries increase their prices to cover the additional expenses.

We should mention that sales tax and other standard taxes also apply to the cannabis market. In addition, municipalities can add an extra tax up to 3%, and counties can impose additional tax up to 3.75%.

Where Can You Buy CBD Oil Legally in Illinois?

You can visit one of the licensed dispensaries to purchase CBD oil and other cannabis-based products for recreational use. The number of licensed dispensaries in Illinois will increase over time. While you might need to visit a medical cannabis facility in the first part of 2020, the state plans to issue licenses to hundreds of stores by 2022.

Potential sellers will have to apply for a license from the state, and municipalities and counties still have the freedom to decide whether they will allow a particular seller to do business in their area.

When it comes to purchasing marijuana, you no longer need to have a medical cannabis card. From 2020, the only thing you need is your ID to confirm that you are 21 or older. If you are of legal age, you can walk into any licensed dispensary and purchase marijuana products.

Apart from purchasing cannabis-based products in dispensaries, you can also order CBD online. This can be convenient because you don’t have to leave your home, and you receive the desired items to your doorstep. Simply ensure that you pick a reputable brand and distributor. That way, you know that you’ll receive a high-quality product, which maximizes potential benefits from using it.

At, we use only 100% GMO-free and organic ingredients in every product we sell. Every batch is tested by an independent third-party lab.

Where Can You Smoke Cannabis Legally?

There are various ways to consume products from the cannabis plant. Many people love CBD vaping as they see it as a good alternative to smoking. Others prefer smoking marijuana since they already have a habit of doing that.

However, it is important to mention that you can’t smoke in Illinois in any of these cases:

  • If an underaged person is in your company
  • If you are close to a police officer, school bus driver, or firefighter when they are on duty
  • Recreational use is prohibited on school grounds
  • You can’t smoke in motor vehicles
  • It is prohibited to smoke in parks, streets, and other public places
  • Businesses, universities, colleges, and homeowners throughout Illinois can declare smoking prohibited on their private properties

Can You Grow Cannabis in Illinois Legally?

The only way to cultivate cannabis legally in Illinois is by obtaining a medical marijuana card. In that case, you can grow up to five plants at a time. Other individuals are prohibited from cultivating cannabis, and they can expect a $200 fine if caught.

As for commercial growers, 20 facilities have been issued a license to grow cannabis for commercial purposes. The State of Illinois will soon reveal requirements for growers to meet when applying for licenses. The maximum allowed surface for cultivating cannabis will be 5,000 sq. ft.

What Happens to Criminal Offenses Made Before the New Law?

If you have a criminal record due to marijuana possession up to 500 grams, you can submit a pardon request. The Prisoner Review Board will determine if there were elements of violent crime. If your case cannot be connected to violent crime, the PRB will send it to Governor J.B. Pritzker, who can sign a pardon. The Governor has already signed more than 10,000 pardons for low-level cannabis offenses.

Please note that the law for driving under the influence hasn’t changed. That means detecting more than five nanograms of THC in your blood means you can be charged with a DUI.

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