Cannabis and housing law

Cannabis is legal in Illinois, but there are limits on who can buy it and where you can use it. 

Public housing

Cannabis is still illegal under federal law. So you cannot use or possess cannabis, including medical cannabis, at your home if you live in federally-subsidized public housing. This applies to all forms of cannabis use, not just smoking. You could be evicted or denied housing for cannabis use or possession, including past cannabis use or criminal charges. This also applies to your guests. Additionally, there is a ban on all smoking in federally-subsidized public housing.

Private rental housing

Even though cannabis is legal, landlords can ban smoking it in their units, including medical cannabis. Landlords can also restrict other forms of use, like vaporizing, if explicitly stated in the lease agreement. However, tenants can still use medical cannabis in other forms, like edibles or tinctures, as long as it does not violate the lease terms. If your lease prohibits smoking or other use of cannabis, breaking that rule could lead to an eviction A court case brought by a landlord to get a tenant to move out .

You cannot possess or use cannabis in your residence if you are running licensed childcare, foster care, or similar social services there. Condominium association rules can limit smoking cannabis, but they cannot universally ban all forms of cannabis if a person has a medical cannabis card. Rules can prohibit any use of cannabis in public areas. Landlords can always have rules in their lease that are stricter than the association rules.

Growing cannabis at home

You can only grow cannabis if you have a Medical Cannabis Card and are 21 years or older. You can grow up to 5 cannabis plants in your home. You must follow the state rules related to security and privacy. For example, the plants must be in a locked room, with no access to anyone under 21, and not visible to the public. Home cultivation must not be visible from public places and cultivated cannabis cannot be sold or distributed. If you do not own your home, you must get permission from the owner. 

A landlord An owner of property who rents it out to a tenant can ban renters from growing cannabis on the property if the ban is in the lease.

Renters can never grow cannabis in federally-subsidized housing. Doing so can result in eviction, denial When a court rejects or refuses to allow a request; for example, when a judge decides not to grant an attorney's objection. of future housing, and even criminal charges. 

Sources

Cannabis Regulation and Tax Act 410 ILCS 705

Controlled Substances Act 21 U.S. Code 801

Low Income Housing 42 U.S. Code 8