Marijuana In Illinois
Know Your Rights
Table of contents:
Do you qualify for automatic record expungement?
If you were previously arrested, but not convicted for a minor marijuana offense involving 30 grams or less—meaning a misdemeanor or class 4 felony not involving a count for a “violent crime”—then your record should have been automatically expunged by the state by the following dates2:
Arrested 2013 – June 25, 2019 → expunged by January 1, 2021
Arrested 2000-2012 → expunged by January 1, 2023
Arrested before 2000→ expunged by January 1, 2025
If you qualify for automatic expungement, then you shouldn’t have to take any steps yourself to get your record expunged and should have received a letter from the Illinois State Police confirming your expungement. If you never received a letter, you can contact CCH and we can help determine if the record was successfully expunged.
Expunged records will no longer be accessible to law enforcement or show up on background checks.
How to get help from New Leaf Illinois
New Leaf Illinois
New Leaf Illinois is a statewide, state-funded initiative made up of a network of non-profit organizations throughout Illinois who provide free legal representation and information to people who want to remove their cannabis convictions from their record.
We know the legal system can seem intimidating. New Leaf is here to help you through each step of the process.
Convictions for Minor and Higher-Level Offenses
If you were convicted for a Minor Marijuana Offense:
Your conviction will be reviewed by Illinois State Police and the Prisoner Review Board, and then you might be given a pardon by the governor, but this is not guaranteed. Then, the Illinois Attorney General may file petitions for expungement. This process may differ in Cook County.
If you were convicted for Higher-Level Offenses related to marijuana:
If you received a higher-level conviction(s) involving 30-500 grams of marijuana, you may have to go through the court process. If your offense is not eligible for expungement via a motion to vacate, there may be a waiting period of up to three years after completion of your sentence before you are eligible to petition to seal your record. Contact New Leaf IL to seek legal advice to see what your options are in terms of petitioning for expungement.
Once your arrest is officially expunged, you should be mailed a copy of the order, so it is important you keep your address up to date with the clerk of the circuit court of the county where the criminal case occurred. Consult with an attorney if you do not have a stable address.
Marijuana Restrictions
While recreational marijuana has been legalized in Illinois, there are still a number of restrictions under this law that affect the right to use and possession of marijuana. These restrictions include:
You must be 21 or older with a valid ID to legally purchase, possess, or consume cannabis. Medical cannabis patients can be 18 or older with a valid medical card and doctor’s certification.
How much are you allowed to carry on your person?
Illinois residents may possess up to 30 grams of flower, 5 grams of concentrate, or 500 milligrams of marijuana infused products (such as edibles).
Who can sell marijuana in Illinois?
Only stores licensed by the state are allowed to sell marijuana and infused products. Sales by individuals are still illegal. You may only purchase marijuana from a licensed seller within the state of Illinois. You may be asked to provide a government– issued ID for proof of age before you can purchase.3
Can marijuana use impact your immigration status?
Under federal law, which determines immigration eligibility, marijuana is a Schedule 1 drug. Even when state laws allow marijuana use, as is the case in Illinois, because it is still illegal under federal law it can have immigration consequences.
This means marijuana use including possessing or using marijuana, even if legal in a state, can have serious impacts on visas, permanent residence, Green Card, Adjustment of Status, or U.S. Citizenship. A marijuana-related conviction OR any admission of use can even lead to deportation proceedings.
Immigration attorneys advise that immigrants refrain from using marijuana regardless of state laws. Even registering for a medical cannabis card and/or carrying it with you can be risky, as it could be seen as an admission of cannabis use. You have the right to remain silent if asked by any government official about marijuana use and should consult an attorney.
Employment in the cannabis industry can also pose risks. Given the risks, consider these precautions before traveling internationally:
Consult an immigration attorney. The best course of action is to speak with an immigration lawyer about your specific situation before you travel.
Avoid disclosing your cannabis employment. While you should not lie to a border official, avoid volunteering information about your work in the cannabis industry. If asked directly, you may be able to describe your job in more general terms, such as “retail manager” or “sales associate,” as long as it’s truthful.
If you have more questions about any of the above, you should consult an immigration attorney or other expert for guidance.
Can you grow your own marijuana?
No, home growing is not allowed unless you are a medical marijuana patient, meaning you are a cardholder under the Compassionate Use of Medical Cannabis Program Act. Only qualified medical marijuana patients, 21 or older, can grow up to 5 marijuana plants at home.
You cannot grow cannabis in federally subsidized housing. Doing so can result in eviction, denial of future housing, and even criminal charges.4
Where can you store and use marijuana?5
If you have additional questions or need help:
- 410 ILCS 705 Cannabis Regulation and Tax Act.
- As outlined in 20 ILCS 2630/5.2(i), which covers the expungement and sealing of criminal records in Illinois, specifically addressing minor cannabis offenses. This law outlines provisions for the expungement of convictions for misdemeanor or Class 4 felony violations of the Cannabis Control Act, particularly those involving small amounts of cannabis.
- 410 ILCS 705/10-20, 705/15-5
- 410 ILCS 705/10-5, 10
- 410 ILCS 705/10-30, 35
