Can I smoke weed in public in Illinois and Missouri? Here’s a refresher on marijuana laws
Following continued pushes from legislatures across the country, the purchase of recreational marijuana is now legal in nearly half of U.S. states. Illinois and Missouri are no exception.
From limits to growth restrictions, here’s a refresher on what to know about marijuana in the metro-east.
Purchasing marijuana in Illinois
The Land of Lincoln officially legalized recreational marijuana with the Illinois Cannabis Regulation and Tax Act in 2019, opening the door for legal use starting Jan. 1, 2020. Anyone 21 years old and older in Illinois can purchase limited amounts of marijuana.
According to the state Department of Financial and Professional Regulation, eligible Illinois residents may legally possess 30 grams, or about 1 ounce, of cannabis flower, 500 milligrams of THC in a cannabis-infused product and 5 grams of cannabis concentrate. Non-residents in Illinois can legally possess up to half of those amounts.
Possession totals are cumulative, meaning eligible consumers can possess a combination of the three product categories up to the legal limit for each variety.
The department maintains a running list of licensed cannabis dispensaries on its website. An online guide is available to help consumers identify approved retailers, too.
Purchasers must present government-issued identification, such as a driver’s license, to verify their age and home address before completing a sale. Medical marijuana patients must present their program registry identification, too.
Sales are generally conducted with cash or, in some locations, debit cards. Credit card use for marijuana purchases is prohibited in Illinois.
Most residents are barred from growing marijuana at home, but medical marijuana patients can possess up to five plants that stand more than 5 inches tall, state law says. Plants must be grown on residential property in closed, locked spaces away from public view and inaccessible to those under 21 years old.
Registered patients can possess more than 30 grams of marijuana if it is grown and secured at their place of residence, according to state law.
How can I use marijuana in Illinois?
While the purchase of marijuana is legal in Illinois, the state maintains several restrictions on its use.
Most notably, it remains illegal to smoke weed in public or in locations where smoking is already banned under the Smoke-Free Illinois Act. Smoking inside a dispensary or marijuana-related business can be legal if local municipalities allow it.
Recreational marijuana use and other THC-related products remain illegal at the federal level, rendering them outlawed for service members throughout the United States. Bans are applicable on all federal government property in states that have legalized cannabis use, such as Scott Air Force Base in St. Clair County, for example.
It’s also illegal to use weed in a motor vehicle, even when you’re not driving. While a vehicle is in operation, marijuana must be stored in a sealed, odor-proof, child-resistant container — often including the containers it was sold in through a licensed dispensary.
While occasional exceptions exist, it’s generally illegal to use or possess marijuana products on school grounds, in correctional facilities and in close proximity to non-medical marijuana patients under the age of 21. Marijuana use is legal on private property, but landlords are not required to allow possession or use on their property.
Illinois’ Cannabis Regulation and Tax Act says employers can’t strictly penalize you for using cannabis outside of work, but they are able to adopt drug-free workplace policies, enforce reasonable drug testing and discipline or fire you for violating employment policies or workplace drug policies.
Due to the law’s young age, state courts have generally not yet ruled on or interpreted these limitations, according to Equip for Equality, an Illinois-based watchdog and advocate for those with disabilities.
Purchasing marijuana in Missouri
Missouri voters approved an amendment in November 2022 that, by a 53-47 margin, legalized cannabis for recreational use throughout the state. Possession of marijuana became legal in December before licensed sales began last month.
Medical marijuana, meanwhile, has been legal in the Show Me State since 2018.
Marijuana is available for purchase in Missouri for those 21 years old and older. Consumers can legally possess up to 3 ounces, or roughly 85 grams, of cannabis. Individual transactions are limited to 3 ounces, too.
Those with medical marijuana cards can purchase up to 6 ounces of marijuana in a 30-day period.
As of early February, approximately 340 medical marijuana facilities were approved to sell recreational weed, according to the Associated Press. Missouri’s Department of Health and Senior Services maintains a running list of licensed facilities, as well as a spreadsheet of approved retailers.
Consumers are required to present a valid government-issued photo ID when purchasing recreational marijuana at a dispensary. Missouri won’t require dispensaries to scan IDs until May 3, the state said.
While anyone over the age of 21 can purchase marijuana in Missouri, transporting products across state lines can still be illegal. The state borders eight other states, tied for the most in the U.S., and not every neighbor has legalized recreational marijuana. Of Missouri’s neighboring states, just Illinois, Iowa, Arkansas and Oklahoma have legalized medical marijuana. Illinois is the only one to legalize marijuana for personal and medical uses.
How can I use marijuana in Missouri?
Missouri residents who are at least 21 years old can apply online for a personal cultivation license that will allow them to grow marijuana plants at home.
Licensed growers can cultivate up to six flowering marijuana plants, six nonflowering marijuana plants under 14 inches tall or more and six nonflowering plants under 14 inches tall in one enclosed, locked facility. Personal cultivation must take place at a private residence, the state’s health department says.
Much like Illinois, Missouri has restrictions in place for the public use of marijuana. It’s still against the law to use cannabis products in public, including in parks, motor vehicles and schools, both public and private.
Rental property owners can still prevent their tenants from smoking marijuana, and employers are not required to permit or accommodate marijuana possession, according to state law.
As recreational marijuana use rolls out in Missouri, the state’s health department published a dedicated website to all things cannabis. Visit health.mo.gov/safety/cannabis/ to read up on licensing requirements, offer feedback, read answers to frequently asked questions and more.
Cannabis sales have both states seeing green
While recreational marijuana use is still relatively new in Illinois and Missouri, both states are already reaping the rewards.
Adult-use cannabis sales for 2022 reached nearly $1.6 billion in Illinois, according to the Illinois Department of Financial and Professional Regulation. Preliminary sales data for January add an additional $128 million, including more than $36 million from out-of-state consumers.
Missouri likely won’t see comprehensive financial data for its recreational marijuana sales for a little while, but early signs indicate a healthy market for cannabis products. The state said it recorded nearly $12.7 million in sales from Feb. 3 to 5, the first weekend of full legalization.
This story was originally published March 3, 2023 at 6:00 AM.
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