Crime & Traffic

Cannabis is a flowering plant that creates a mind-altering state. This state is caused by a compound called tetrahydrocannabinol, more commonly known as THC.

Cannabis as a plant can be used for different things. Hemp is made from the stalks of the cannabis plant, contains very low levels of THC, and has been legal for a long time. Marijuana comes from the flowering buds of the cannabis plant, which has a high level of THC. These flowers are often dried and smoked. They can also be turned into oil, which can then be used to create food or drink products (“edibles”).

Anyone 21 years old or older can buy cannabis in Illinois.

You may only buy cannabis at a licensed dispensary. You cannot buy it from an individual.

Each city or town can decide whether or not to allow dispensaries. The Cannabis Regulation Oversight Officer of Illinois website has a map of the dispensaries that are licensed to sell.

Remember to bring your ID to prove you are 21 years old or older. Also, bring cash, because credit cards are not accepted. Although, some dispensaries may accept debit cards.

No. Only medical cannabis patients can grow plants at home. If you are a medical cannabis patient, you may be allowed to grow 5 plants.

Illinois residents can have a maximum of:

• 30 grams of cannabis flower (marijuana);
• 5 grams of cannabis concentrate; and
• 500 milligrams of THC in edibles (100mg max each).

If you are not an Illinois resident, then the possession limit for you is exactly half of what the limits are for Illinois residents.

You can smoke marijuana in your home, if you own it. If you rent, you need your landlord’s permission.

You can also smoke in tobacco retailers and marijuana dispensaries that allow it. You cannot smoke in bars or restaurants.

You cannot use cannabis in the following places:

• Public places (any place you could be observed by others);
• In any motor vehicle;
• Near anyone under the age of 21;
• On school grounds; and
• Any place where smoking is prohibited under the Smoke Free Illinois Act.

Colleges can ban cannabis on their campuses and dorms.

People who live in public housing, or get a housing choice voucher, cannot use cannabis while in their housing. Learn more about cannabis and housing law. 

No. People who are not citizens cannot use cannabis. Even admitting to smoking marijuana could lead to deportation. Learn more about the dangers of using cannabis as a noncitizen. 

Yes. Employers are allowed to have drug-free policies and enforce them with drug tests. Learn more about workplace rights regarding legal cannabis in Illinois. 

Yes. It is illegal to drive under the influence of cannabis. There is a way to test your blood to see if you’ve been using cannabis. There are also other ways for police to be able to tell. For example, your eyes are bloodshot or your reaction times are slow. Learn more about getting a DUI for driving high.

Yes, but it must be in a secured, sealed container. It must not be accessible to you while the car is moving.

It depends. Starting January 1, 2024, you cannot be ordered to avoid cannabis or alcohol while on probation, conditional discharge, or supervision unless:

• You are under 21 years old,
• The offense involved having an intoxicating compound in your body,
• You are participating in a problem-solving court,
• You went through a clinical assessment, and the treatment plan includes alcohol or cannabis testing, or
• A court-ordered evaluation, based on a validated clinical assessment in a treatment plan, recommends avoiding alcohol and cannabis.

You cannot be ordered to avoid using any substance prescribed by a medical provider or authorized by the Compassionate Use of Medical Cannabis Program Act unless:

• You are participating in a problem-solving court, or
• You went through a clinical assessment, and the treatment plan includes alcohol or cannabis testing.

Part of the law that legalized cannabis (also known as weed or marijuana) created ways to clear criminal records for arrests and convictions involving cannabis. This is called expungement. There are different methods for expunging your record. The method depends on the type of record you have.

There are three cannabis record clearing groups: group 1, group 2, and group 3.

• You are in group 1 if you were arrested, but not convicted, for minor cannabis offenses. You may qualify for automatic expungement of your arrest record if you fall in this group.
• You are in group 2 if you were convicted of minor cannabis offenses. You may qualify for automatic expungement, but the process is different.
• You are in group 3 if you were convicted of certain possession and dealing charges. It depends on the amount and when the conviction happened. You may be able to file a motion to expunge your record if you fall in this group.

If you have cannabis arrests and convictions in multiple groups, each is expunged differently based on the recording clearing group it falls under.

Your cannabis-related offense might not fall under any of the groups above. In that case, you may be able to expunge or seal your record through the regular expungement process. 

A minor cannabis offense means a violation for:

• Possession or dealing,
• 30 grams or less,
• Before June 25, 2019.

You cannot have been convicted of providing cannabis to someone under 18 who was at least 3 years younger than you. You also cannot have been arrested for a violent crime at the same time. If the conviction was for dealing, it cannot have been on school grounds.

If your arrest qualifies for automatic expungement, your record will be reviewed based on when you were arrested.

• If you were arrested after December 31, 2012, the record should have been expunged by January 1, 2021.
• If you were arrested between January 1, 2000, and December 31, 2012, the record should have been expunged by January 1, 2023.
• If you were arrested before January 1, 2000, the record should be expunged by January 1, 2025.

Note: This only applies to police records. If a court case was started, even if it was dismissed, there will also be court records. These will not be automatically expunged. You will still need to file an expungement case to have this happen.

You are eligible to file a Motion to Vacate and Expunge with the court to clear your record if you were charged with one of the following:

• Attempted possession of any amount of cannabis between August 13, 1973 and August 14, 1997,
• Attempted possession of 2000 grams or less of cannabis between August 15, 1997 and June 25, 2019,
• Possession of 500 grams or less of cannabis between August 13, 1973 and June 25, 2019,
• Manufacture, or delivery of cannabis with intent to manufacture or deliver 30 grams or less between September 24, 1983 and June 25, 2019, or
• Attempt to manufacture or delivery of 500 grams or less between September 24, 1983 and June 25, 2019.

Use our cannabis expungement easy form to prepare your documents. 

You must be an adult to have your cannabis record expunged. Only adults can buy and use cannabis in Illinois. Please see our Juvenile records expungement basics for more information on how to expunge other offenses. 

You may be able to seal or expunge criminal records beyond those that qualify under the Cannabis laws. Whether you qualify for expungement or sealing depends on:

• What type of crime you were arrested or charged with,
• What happened in the case, and
• How much time has passed since it happened.

Learn how to expunge or seal your record.

If you have both cannabis-related arrests and convictions and non-cannabis criminal records, contact New Leaf Illinois for help.

In Cook County, Class A & B misdemeanor cannabis offenses and Class 4 felony cannabis offenses of under 30g qualify for automatic expungement. One year must have passed since the offense happened. Notice will be mailed by the clerk of the circuit court if your court record is expunged, but not your arrest record.

You are not eligible for automatic expungement if you committed a violent crime in the same case as the cannabis offense you are trying to expunge. You can file a motion to vacate and expunge these with the clerk of the circuit court.

If you were arrested for minor cannabis offenses and qualify for automatic expungement, the police agency that arrested you might clear your record.

The State’s Attorney's Office can file a motion in the county where you were convicted to clear your record. If they didn't start the process, they will still get a copy of your expungement request and can raise objections if they want to.

It depends. You should be sent a notice if your cannabis record is expunged from court records. It will be mailed or emailed to the address on the expungement filing, or mailed to the last address on file with the clerk of court if the expungement was automatic. You can call the circuit clerk to update your address, or, if in Cook County, you can notarize and submit an Affidavit for Change of Address if it changes during the expungement process.

However, notice is not sent if your arrest for a minor cannabis offense is automatically expunged from police records.

If your cannabis offense was eligible for automatic expungement, it is a good idea to verify that it has been expunged. Use the Access and Review process to see a copy of your criminal record and confirm that the offense is no longer showing up. You should do this after the time for your record to be expunged has passed. The Chicago Police Department has its own Access and Review process.

It is common for more than one law enforcement agency to maintain copies of your criminal record. For example, if you are arrested by the Chicago Police Department, an arrest record is created by both the Chicago Police Department and the Illinois State Police (ISP). This could mean that your record is automatically expunged from one place before it is expunged from the other. If an arrest record that was supposed to have been expunged is still showing up on background checks, contact the law enforcement agency that created the record.

Contact the Illinois State Police (ISP) if you have questions about the status of your arrest record expungement.

These are court forms used to clear certain cannabis convictions. This includes misdemeanor convictions and class 4 felony convictions. They are for conviction under Sections 4 and 5 of the Cannabis Control Act.

You can download the blank court forms or use our cannabis expungement easy form to prepare the forms online.

Clearing your record could impact your immigration status. Non-citizens should be careful.

Talk to a trusted immigration lawyer before taking action.

Clearing your record will usually not help your immigration application.

No. Most employers cannot ask about expunged or sealed records. They also cannot ask about arrests that didn’t lead to a conviction. They also cannot ask about juvenile records. There are exceptions. Employers in law enforcement or childcare can still ask about those records. Employers required by the Illinois Department of Financial and Professional Regulation to give fingerprint background checks will still be able to see sealed felony convictions, but not sealed misdemeanors or expunged cases of any kind.

New Leaf Illinois is a network of 20 non-profit organizations. It helps individuals expunge cannabis convictions from their records. It provides legal representation and resources.

Services can include free legal information, self-help instruction, document review and preparation, legal consultation, and if available, referrals to a network of legal aid and pro bono attorneys for in court representation.

Visit www.newleafillinois.org or call (855) 963-9532. Answer questions about your cannabis case. A legal aid professional will get in touch with you. Services are free for income-eligible individuals.