Chicago Police DepartmentSpecial Order S04-32-01
Relevant Cannabis Statutes and Ordinances
Issue Date:19 December 2019Effective Date:01 January 2020
Rescinds:
Index Category:Preliminary Investigations
This addendum lists a synopsis of selected statutes and ordinances that pertain to cannabis. Refer to the actual statute or ordinance for charging purposes.
  • A.Effective 01 January 2020, The Cannabis Regulation and Tax Act (410 ILCS 705/10-10) allows adults 21 years of age or older to possess the following:
    • 1.for Illinois residents:
      • a.30 grams of cannabis flower;
      • b.no more than 500 milligrams of THC contained in cannabis-infused product;
      • c.5 grams of cannabis concentrate; and
      • d.for registered qualifying patients, any cannabis produced by cannabis plants grown under 410 ILCS 705/10-5(b), which permits any amount of cannabis produced in excess of 30 grams of raw cannabis or its equivalent provided it remains secured within the residence or residential property in which it was grown.
    • 2.for non-residents of Illinois:
      • a.15 grams of cannabis flower;
      • b.250 milligrams of THC contained in a cannabis-infused product; and
      • c.2.5 grams of cannabis concentrate.
  • B.The Cannabis Control, Act 550/1 et seq.
    • 1.Except as otherwise provided in the Cannabis Regulation and Tax Act, it is unlawful for any person knowingly to possess:
      • a.not more than 10 grams of any substance containing cannabis. This is a civil law violation (720 ILCS 550/4(a)).
        NOTE:
        This is not an arrestable offense and is enforceable only by a citation that does not require a bond. Persons under 21 years of age will be cited for this offense on a Civil Law Citation, even if in possession an amount of cannabis that exceeds 10 grams. Persons under 21 years of age may not be charged with any misdemeanor or felony charge under Section 4 of the Cannabis Control Act (but may be charged under other sections or the Illinois Vehicle Code).
      • b.more than 10 grams but not more than 30 grams of any substance containing cannabis. This is a Class B misdemeanor (720 ILCS 550/4(b)).
        NOTE:
        This may apply to non-illinois residents in violation of the possession limits.
      • c.more than 30 grams but not more than 100 grams of any substance containing cannabis. This is a Class A misdemeanor. If any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 4 felony (720 ILCS 550/4(c)).
      • d.more than 100 grams but not more than 500 grams of any substance containing cannabis. The is a Class 4 felony. If any offense under this subsection (d) is a subsequent offense, the offender shall be guilty of a Class 3 felony (720 ILCS 550/4(d)).
      • e.more than 500 grams but not more than 2,000 grams of any substance containing cannabis. This is a Class 3 felony (720 ILCS 550/4(e)).
      • f.more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis . This is a Class 2 felony (720 ILCS 550/4(f)).
      • g.more than 5,000 grams of any substance containing cannabis. This is a Class 1 felony (720 ILCS 550/4(g)).
    • 2.Except as otherwise provided in the Cannabis Regulation and Tax Act, it is unlawful for any person knowingly to manufacture, deliver, or possess with intent to deliver, or manufacture, cannabis. Any person who violates this Section with respect to:
      • a.not more than 2.5 grams of any substance containing cannabis. This a Class B misdemeanor (720 ILCS 550/5(a)).
      • b.more than 2.5 grams but not more than 10 grams of any substance containing cannabis. This is guilty of a Class A misdemeanor (720 ILCS 550/5(b)).
      • c.more than 10 grams but not more than 30 grams of any substance containing cannabis. This is a Class 4 felony (720 ILCS 550/5(c)).
      • d.more than 30 grams but not more than 500 grams of any substance containing cannabis. This is a Class 3 felony for which a fine not to exceed $50,000 may be imposed (720 ILCS 550/5(d)).
      • e.more than 500 grams but not more than 2,000 grams of any substance containing cannabis. This is guilty of a Class 2 felony for which a fine not to exceed $100,000 may be imposed (720 ILCS 550/5(e)).
      • f.more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis. This is a Class 1 felony for which a fine not to exceed $150,000 may be imposed (720 ILCS 550/5(f)).
      • g.more than 5,000 grams of any substance containing cannabis. This is a Class X felony for which a fine not to exceed $200,000 may be imposed (720 ILCS 550/5(g)).
    • 3.Unlawful use of cannabis-based product manufacturing equipment — possession, procurement, transportation, storage, or delivery of any equipment used in manufacturing cannabis-based products such as cannisters of butane gas is a Class 2 felony (720 ILCS 550/5.3(a)).
      NOTE:
      This does not include the legal possession of such manufacturing equipment by licensed medical cannabis cultivation centers.
  • C.Possession of adult-use cannabis in a motor vehicle.
    • 1.No driver may use cannabis within the passenger area of any motor vehicle upon a highway in this State (625 ILCS 5/11-502.15(a)).
    • 2.No driver may possess cannabis within any area of any motor vehicle upon a highway in this State except in a sealed, odor-proof, child-resistant cannabis container (625 ILCS 5/11-502.15(b)).
    • 3.No passenger may possess cannabis within any passenger area of any motor vehicle upon a highway in this State except in a sealed, odor-proof, child-resistant cannabis container (625 ILCS 5/11-502.15(c)).
    • 4.Any person who knowingly violates subsection (a), (b), or (c) of 625 ILCS 5/11-502.15 commits a Class A misdemeanor (625 ILCS 5/11-502.15(d)).
  • D.Possession of Cannabis sativa plants.
    Except as otherwise provided in the Cannabis Regulation and Tax Act, it It is unlawful for any person knowingly to produce the Cannabis sativa plant or to possess such plants unless production or possession has been authorized pursuant to the provisions of Section 11 or 15.2 of the Act. Any person who violates this Section with respect to production or possession of:
    • a.not more than 5 plants is guilty of a civil violation (720 ILCS 550/8(a)).
      NOTE:
      This does not apply to medical cannabis card holders.
    • b.more than 5, but not more than 20 plants, is guilty of a Class 4 felony (720 ILCS 550/8(b)).
    • c.more than 20, but not more than 50 plants, is guilty of a Class 3 felony (720 ILCS 550/8(c)).
    • d.more than 50, but not more than 200 plants, is guilty of a Class 2 felony (720 ILCS 550/8(d)).
    • e.more than 200 plants is guilty of a Class 1 felony (720 ILCS 550/8(e)).
  • E.Persons under 21 years of age.
    A person under 21 years of age with cannabis in his or her possession is guilty of a civil law violation as outlined in 410 ILCS 705/10-15 and 720 ILCS 550/4(a). This does not apply to medical cannabis by authorized medical card holders.
  • F.The Municipal Code of Chicago prohibits:
    • 1.possessing cannabis under the following circumstances (unless in compliance with the Compassionate Use of Medical Program Act) :
      • a.in a school bus (MCC 7-24-099(b)(1));
      • b.on the grounds of any preschool or secondary school (MCC 7-24-099(b)(2));
      • c.in any correctional facility (MCC 7-24-099(b)(3));
      • d.in a vehicle not open to the public, unless the cannabis is in a reasonably secured, sealed container that is odor-proof and child-resistant (MCC 7-24-099(b)(4));
      • e.in a private residence that is used at any time to provide licensed child care(MCC 7-24-099(b)(5)); or
      • f.in violation of Section 4 of the Cannabis Control Act (MCC 7-24-099(b)(6)).
    • 2.using cannabis or any substance containing cannabis, including but not limited to any cannabis concentrate or cannabis-infused product:
      • a.in a school bus, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (MCC 7-24-099(c)(1));
      • b.on the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act (MCC 7-24-099(c)(2));
      • c.in any correctional facility (MCC 7-24-099(c)(3));
      • d.in any motor vehicle (MCC 7-24-099(c)(4));
      • e.in a private residence that is used at any time to provide licensed child care or other similar social service care on the premises (MCC 7-24-099(c)(5)); or
      • f.in any public place (MCC 7-24-099(c)(6)).
        EXCEPTION:
        Members will not enforce MCC 7-24-099(c)(6) on subjects whose sole violation is using cannabis on private residential yards, porches, patios, and balconies.
    • 3.any person from:
      • a.smoking cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act (MCC 7-24-099(d)(1));
        NOTE:
        These places include indoor public places, places of employment, and government vehicles. See 410 ILCS 82/1 et seq. for definitions.
      • b.facilitating the use of cannabis by any person who is not allowed to use cannabis under the Cannabis Regulation and Tax Act or Compassionate Use of Medical Cannabis Program (MCC 7-24-099(d)(2)); or
      • c.transferring cannabis to any person contrary to the Cannabis Regulation and Tax Act or Compassionate Use of Medical Cannabis Program Act (MCC 7-24-099(d)(3)).
    • 4.the sale, provision or transfer of cannabis to any person under 21 years of age unless authorized by the Compassionate Use of Medical Cannabis Program Act or Community College Cannabis Vocational Pilot Program (MCC 8-16-063(a)).
    • 5.the possession and use of cannabis to any person under 21 years of age unless in compliance with the Compassionate Use of Medical Cannabis Program Act (MCC 8-16-063(b)).
Authenticated by: KC
Charlie Beck
Interim Superintendent of Police
19-054 JJR