Illinois's New Marijuana Laws


January 1st, 2020, marked the start of a new year, new decade, and a new era for Illinois laws. On January 1st, the recreational use of marijuana was legalized in Illinois, making Illinois the 11th state to legalize the use of marijuana for adult consumption. While this is a huge change for law enforcement officials, and might pose some awkward conversations with the family, it also creates changes for real estate professionals like yourself. Take a quick read below to learn about some changes and things to take note of as we head into a greener 202A G0.

General Knowledge

How Much Can I Have?

On a personal note, if you do choose to indulge, there are restrictions on how much you can purchase. If you are an Illinois resident, you can purchase 30 grams of cannabis flower, five grams of cannabis concentrate, or no more than 500 milligrams of THC in cannabis-infused products. If you are a non-Illinois resident, you can purchase half of that. 

Can I Grow My Own Plants? 

You can grow marijuana plants in the state of Illinois only if you have a medical license. If you do have a medical license, you can only grow up to five plants. 

What Happens to ‘Drug Free’ Zones?

Nothing changes. You are only permitted to smoke on your own, private property. Schools, hospitals, churches, and other drug free zones will remain drug free. 

Is Your Town Selling? 

To start off, not every town is allowing the sales of marijuana. You can check to see if your town is selling marijuana here.

For Real Estate Professionals

Will There be an Impact on Me?  

Now you might be wondering, “I don’t consume marijuana, why will this affect me?” Well, marijuana can only be consumed and grown on private property. The effects on you will come when you are trying to sell a home, rent an apartment, or help your client buy space for their dispensary. 

No Smoking Policy? 

While a landlord can still make property smoke free (or permit smoking), they need to make it clear in the contract what type of smoke they are referring to. Is it just marijuana? Nicotine? Vaping? Make sure it is clearly communicated with the tenant what is and isn’t allowed. 

What if a Potential Tenant needs Marijuana for Medical Purposes? 

If a potential tenant needs medical accommodations, which include the use of marijuana, the landlord should do their best to accommodate their needs. If the landlord doesn’t want smoke, there are other options to consume THC, whether it’s from edibles, oils, creams, etc. 

Disclosure When Selling a Home that Grew Marijuana? 

Currently, there are no laws that require the seller/REALTOR® to disclose if the home grew marijuana. 

Impacts on the Property

While there are some obvious impacts smoking and marijuana can have on a property (smoke damage, odor, etc.) there are some more, not as obvious, negative impacts marijuana can have. If the homeowner grew plants, there could be mold damage. The best environment to grow marijuana in is a moist, warm environment. 

While there are no toxic fumes with marijuana, the smoke can damage and get stuck in drywall and carpet which can result in mold or other damage.  

There is a lot of information that comes along with this law change, for more information click here and here.