Illinois enacts HB 1438, becoming the first state legislature to legalize and tax commercial adult-use cannabis sales

On June 25, 2019, Illinois Governor J.B. Pritzker signed House Bill 1438—the Cannabis Regulation and Tax Act—making Illinois the 11th state to legalize cannabis for adults 21 and older. While Vermont had legalized personal possession and home grow through its legislature in 2018, Illinois became the first state in the nation to legalize a full commercial, taxed adult-use retail market by legislative vote rather than a ballot initiative.

Key provisions of the Illinois law (effective January 1, 2020)

• Possession limits for residents and visitors: Illinois residents 21 and older may possess up to 30 grams (just over 1 ounce) of cannabis flower, 5 grams of cannabis concentrate, and 500 milligrams of THC in infused products such as edibles. Out-of-state visitors may legally purchase and possess half those amounts (15 grams of flower, 2.5 grams of concentrate, and 250 mg of THC in edibles).
• Medical-only home grow: Under HB 1438, home cultivation of up to 5 plants was restricted to registered Illinois medical cannabis patients; growing without a medical card up to 5 plants was reduced to a $200 civil violation.
• Automatic record expungement and R3 reinvestment: The law created an automatic expungement pipeline for hundreds of thousands of non-violent cannabis arrest and conviction records involving up to 30 grams, and dedicated 25% of state cannabis tax revenue to the Restore, Reinvest, and Renew (R3) program for communities disproportionately harmed by the War on Drugs.