Your Pocket Guide To Legal Weed

The short answer: Jan. 1. But that also depends on where you live. State law allows municipalities to say no to recreational dispensaries, which several have already done. In Chicago, 11 dispensaries will likely be open for business immediately — all of which are co-located with existing medical dispensaries. Here’s a list of shops that’ve gotten approval from the state to sell recreational weed on the first of the year. The state will award licenses for new business owners over the coming months. Up to 185 dispensaries could open during the first year of the program.

Officials at the Illinois Department of Agriculture have until late December to iron out those regulations, but here's how it currently works for medical cannabis: State-approved laboratories test cannabis samples from cultivation centers for things like pesticides, contaminants or toxins. The Department of Agriculture then tests random samples for active ingredients in order to approve label information. All marijuana products must be labeled and sold in a child-resistant, odor-proof container.

There are a few things to consider: cost and access. State and local taxes will make recreational cannabis more expensive. There are also concerns Illinois will face a shortage of product in the first year, because of a tight cap on weed cultivators. So do the math before you ditch the card.

Recreational weed will cost a lot — at least at first. That’s because high demand and a tight cap on cultivators and dispensaries will almost certainly lead to a shortage of weed in Illinois at the beginning, experts say. Experts estimate an ounce of weed — enough to roll about 60 joints — will run anywhere from $400-600 before taxes.

Illinois' legalization law stipulates that low-level cannabis records be automatically wiped off of people's records as part of an effort to reduce the effects of the war on drugs. Some records — officials say hundreds of thousands — will be expunged automatically. Others will go through a review process involving multiple state and local entities. And how long any of that takes depends on, in part, where you live.

If you’ve been convicted of a crime relating to 30-500 grams of weed, you can file a petition to have your record expunged. Legal aid groups are providing free legal help in the process. There’s Cabrini Green Legal Aid in the Chicago area, Prairie State Legal Services in northern Illinois and Land of Lincoln Legal Assistance Foundation in southern Illinois. You can also contact the circuit court clerk’s office in the county where the record was created.

You can’t use cannabis at parks, on streets or sidewalks, on grade school grounds or while in a car. The law also says that you can’t use marijuana “knowingly in close physical proximity to anyone under 21 years of age” but doesn’t define “proximity.” Colleges and universities can still prohibit students from using cannabis. Landlords can ban smoking, and using marijuana is banned in all federally subsidized housing. Immigrants should also be careful: The sale and possession of marijuana could trigger deportation for non-U.S. citizens because the substance is still illegal federally.

Here's where you can use weed: in your home, if you’re the homeowner or if the owner of the home explicitly allows it. Using cannabis in your backyard or on your back porch could technically get you a citation, but the Chicago Police Department has said they don't plan to bust people for that.

The law seeks to address some of the war on drug's harm to black and brown communities — there's a path to getting low-level cannabis convictions off your record and loan programs to help people in those communities get into the marijuana business. The law also requires 25% of the state's weed revenue to be invested in those same communities.

While the law’s been praised as the most socially equitable program in the country, some say lawmakers left several opportunities on the table. Chicago City Council's Black Caucus, for example, has argued that white medical marijuana dispensary operators got too much of a leg up in the recreational weed business.

Employers can still fire workers for testing positive for marijuana, because consuming cannabis is still illegal under federal law and the law allows for a "reasonable employment policy" on cannabis use. Employers can require employees to pass a drug test, and because there's no way to test for active marijuana impairment, employers can only test to see if you've used cannabis in the past few weeks. That means you can still get fired for using on your own time if your employer drug tests.

Driving under the influence of cannabis to the point of impairment is and will remain illegal in Illinois, though like alcohol, you are allowed to drive with a certain amount of THC in your system. Penalties for driving impaired include 100 hours of community service and a $500 fine for the first offense. Also note: When driving with cannabis, it’s got to be out of sight, in a sealed, odor-proof container, which is how products will be sold at Illinois dispensaries.

There is no way to test whether someone is actively high on marijuana, but Illinois State Police says officers will use other signals to determine whether someone is impaired. That means monitoring a person’s response time, the speed of their movements, their speech, what their eyes look like and whether their car smells like cannabis. The department is also researching roadside tests for whether someone has marijuana in their system — they’re looking into a saliva-based test used elsewhere.

Yes to all three, and more. One way to get a sneak peak at what might be sold in recreational shops is to browse products on websites of Chicago's existing medical dispensaries. Owners and industry folks say the products will be very similar.

Cash only — at least for now. Weed is illegal at the federal level so major credit card companies say they don't feel comfortable doing business with dispensaries.

Odor complaints were a big deal in Denver, Colo., when weed was legalized there five years ago, but experts say it probably won't be as much of a problem here. Most complaints in Denver came from areas near grow centers that didn't have odor mitigation systems in place. All grow centers in Illinois currently have these systems, even though it's not legally mandated. Dispensaries are required to mitigate smells and must keep pot in odor-proof and child-resistant containers.

No, because recreational marijuana is still prohibited by the federal government. So crossing state lines with weed, even if it was purchased legally, is still against the law because the federal government oversees interstate commerce. Here’s what the Illinois State Police had to say about traveling with marijuana by car: “Cannabis laws vary from state to state, while traveling to and from each state, each person must abide by those laws within that state.” Translation: If you get pulled over in a state where it's illegal, you'll likely be in trouble.

There’s some merit to that, depending on who you ask. Under the law, up to 110 dispensaries could theoretically be open statewide on New Year's Day. But it’s unlikely they’ll all be ready. That’s because many towns have banned weed sales entirely, and because local municipalities are still developing their own pot shop regulations. But you'll still be able to buy a joint on Jan. 1. Here’s a list of dispensaries that’ve been licensed to sell recreational weed so far.

Starting Jan. 1, recreational weed will be sold at existing medical dispensaries throughout the state because those are the first to get a license under the law. Here’s a list of the ones that have a recreational license.

And where could new dispensaries open up? State law prohibits dispensaries from opening within 1,500 feet of one another and gives local municipalities authority to establish more stringent rules, such as prohibiting dispensaries near schools.

Nope. Only licensed dispensaries can sell cannabis treats. Initially, a provision of the Illinois law allowed local governments to decide whether to let people to use* *cannabis at places like bars, restaurants or dispensaries. But lawmakers stepped that provision back in November, stating that only specially-licensed dispensaries or smoke shops will host on-site consumption. Chicago has yet to issue regulations on those potential licenses.

No. Buying weed online or through the mail will still be illegal in Illinois, even within state boundaries, state officials say. That's because weed is illegal on the federal level.

You will need a government-issued ID to buy weed. Dispensaries may use electronic card readers, like the ones used at grocery or liquor stores, to make sure your ID is valid. State officials say that information will not be stored. Your ID proves your age, since you have to be 21 to buy, and your address, since there are restrictions on the quantities of cannabis out-of-state visitors can purchase.

This differs with people! The National Institute on Drug Abuse has the clinical answer, but we reached out to David Bienenstock, co-host of the podcast Great Moments in Weed History, for his take.

"You'll know you're high when you start calling ‘cannabis cigarettes’ joints," he joked in an email. "But seriously. ... my best advice would be to not just sit there waiting to see if you feel high because you'll pretty much know when it happens. And don't smoke a whole joint on your first try, start with a puff or two and see how you feel. You can always have more."

Whatever you’re comfortable calling it — the U.S. Drug Enforcement Administration has a list with over 300 nicknames to choose from! But experts say you’re probably going to call it whatever name was popular in your formative years.

All the weed that’s consumed in Illinois must be grown in Illinois, because marijuana is still illegal at the federal level and cannot be transported across state lines. For now, that weed will come from one of the state’s approximately 20 marijuana cultivation centers. In July 2020, the state will award up to 40 licenses to wannabe craft growers, which will be able to grow weed on a smaller scale than cultivation centers.

The Department of Agriculture is responsible for developing rules and regulations for infused products by late December. So far, officials say this: No edible can contain more than 100 milligrams of active THC. By comparison, a beginner’s dose of THC in an edible is about 10 mg, according to a medical dispensary representative. Currently, state-approved laboratories test cannabis samples from cultivation centers for things like pesticides, contaminants or toxins.

It’s highly unlikely, for a few reasons! One: The marijuana law prohibits cannabis use in public places, and office buildings are considered a public place in Illinois. Two: The state cannabis law has tight restrictions on where you can consume: a private residence, specially licensed dispensary tasting rooms or specially licensed smoke shops.

But just in case, we asked Andy Challenger, vice president of a Chicago-based HR company, who works with businesses across the country. His answer: “I have not heard of any companies preparing weed-in-the-office policies. Attitudes may change in the future, but for now companies will limit their Christmas party vices to sugar and alcohol.”

Officials say you will be able to purchase the same types of products in recreational dispensaries that you would in a medical shop.

The Illinois State Police says no. Medical cannabis card holders are explicitly allowed to obtain a FOID card or concealed carry license. A spokesperson for the department says the same guidelines apply to recreational users.

Tax revenue will first cover the state's administrative costs for running the recreational cannabis program.

Once that's covered, the rest of the money will be split up like this:

• 35% will go to the state’s general revenue funds
• 25% will go to investments in communities most affected by the war on drugs — grants for economic development, violence prevention and civil legal aid
• 20% will go towards substance abuse prevention, treatment and research
• 10% will help pay the state’s backlog of unpaid bills
• 8% will go towards black market detection, enforcement and prevention efforts
• 2% will help fund public education campaigns and research related to the public health impacts of using weed.

If you’re a homeowner, it’s completely up to you whether you want to use marijuana in your home. If you’re a renter, you need explicit permission from your landlord to use or possess cannabis.

As for using in your backyard or on your porch: You need explicit permission from the owner to use on their property. Then, at least in Chicago, you should be able to get away with using in your home’s outdoor space.

Marijuana use is banned in federally subsidized public housing. In Chicago, Mayor Lori Lightfoot is telling the CHA to use discretion in enforcing the ban and asking the agency to clarify their rules for residents.

While the CDC says a fatal overdose is unlikely, it’s possible to experience negative effects from using too much marijuana, including anxiety, paranoia, fast heart rate, increased blood pressure or vomiting. There's particular concern about youth overdoses, as Colorado saw a spike in hospitalizations among kids using edibles after that state legalized recreational pot in 2014. Beginners should start with edibles that have around 10 milligrams of THC (the ingredient in marijuana that gets you high), according to a dispensary representative in Chicago. The state caps the THC edible dosage at 100 mg.

Lawmakers say yes. Here’s a response from State Rep. Bob Morgan, D-Deerfield, who worked on both the medical and recreational cannabis laws: “The state's medical cannabis program just added a significant number of eligible conditions (including chronic pain, migraines and arthritis), but the Illinois Department of Public Health will continue to have a process allowing for the addition of more conditions as research evolves.” Morgan has also said he wants to lower the $100 annual fee that medical marijuana patients pay each year. A list of currently eligible conditions can be found here.

The law establishes a $30 million low-interest loan program to help “social equity applicants” enter the biz. Social equity applicants are folks who have been directly impacted by the war on drugs — meaning they’ve lived in an area of the state with a high number of marijuana arrests, they’ve been arrested for or convicted of a low-level cannabis crime or they’ve got at least 10 full-time employees who meet that criteria. More on the loan program here.

But while Illinois has more equity provisions than other legal cannabis states, those programs have already come under scrutiny.

The state’s awarding four new kinds of cannabis business licenses:

• Dispensing licenses, for selling recreational cannabis products
• Infuser licenses, for creating cannabis-infused products
• Craft-grower licenses, for growing weed on a smaller scale than the state’s current weed cultivation centers
• Transporting company licenses, for carrying weed from the grow site to the store

Experts say you should talk with your kid about weed the same way you would about alcohol. They suggest doing it early, openly and honestly. If you smoke weed yourself, tell them. Tell them about the negative effects that weed can have on their developing brains and then relate those effects to goals that are important to them, like athletic performance or getting into college.

The law does two things in the way of public health research: It creates a 24-member public health advisory committee, which is responsible for meeting twice a year and providing an annual report on cannabis drug use data in Illinois. That committee is also responsible for recommending and developing cannabis public health awareness campaigns. It must include representatives from the departments of public health and human services, and health care workers including a pharmacologist, pulmonologist, emergency room physician, psychologist, obstetrician-gynecologist, pediatrician and more.

Recreational users cannot grow plants at home. If you're a medical card holder, you can grow up to five plants at home, with a few restrictions.

Illinois residents can buy up to 30 grams of cannabis flower, a little more than an ounce of weed — which is enough to roll about 60 joints. They can buy up to 5 grams of cannabis concentrate, and no more than 500 milligrams of THC in cannabis-infused products in one purchase (though individual edibles are capped at 100 mg each). Illinois dispensaries are responsible for not selling more than the allotted amount. Those caps are cut in half for nonresidents.