Gifting of Cannabis References Vanish from Illinois Website – A Repeat Occurrence
Historically, various references to cannabis regulations have been present on official Illinois Government websites. In this article, I highlight a notable omission or oversight within the CROO’s recently updated website. It’s important to note that this article does not constitute legal advice. Instead, I hope that it serves as an informational resource. I’ve reached out to the state for clarity on this topic.
Before I share what I’ve found, I want to share some background regarding the context the legal status of gifting cannabis in Illinois.
The law that created a system for the regulation and taxation of cannabis in Illinois was called the Illinois Cannabis Regulation and Tax Act of 2019 (CRTA). This legislation legalized the sale of cannabis from licensed producers and decriminalized the possession of small amounts of cannabis for all adults(21+). The law set possession limits at 30 grams, five grams of concentrate, and 500 milligrams of edibles for residents. (Non-residents are subject to half these limits.)
Evan Bruno, a legal expert, characterizes the CRTA as an intricate tightrope walk, one that doesn’t repeal or lessen existing penalties for minor cannabis-related offenses but instead encourages adults aged 21 and over to tread cautiously while enjoying their cannabis.
“Rather than repealing or softening existing criminal penalties for minor cannabis use and possession, the new law stretches a tightrope over those existing penalties and invites adults over 21 to enjoy their pot out on the tightrope. One slip, and the user drops smack into the old, harsh, pre-legalization criminal cannabis laws. In other words, a minor violation of the new law carries a harsher penalty than a minor violation of the old law.”
Evan has been on my show several times. Watch his latest appearance here.
Cannabis Control Act of 1978
As other legal experts have explained to me, most of the cannabis penalties that have criminalized Illinois cannabis users for years were originally established in the Illinois Cannabis Control Act of 1978(CCA). The CCA gave “wide latitude in the sentencing discretion” to the courts and established penalties in a sharply rising progression based on the amount of substances containing cannabis involved in each case.
So, How is Gifting “Legal”?
Based on my conversations with legal experts, gifting of cannabis became “legal” or decriminalized on January 1, 2020 as a result of the CRTA.
How? My sources tell me that this all comes down to how the Cannabis Control Act of 1978 defines “casual delivery”.
Any delivery of cannabis which is a casual delivery shall be treated in all respects as possession of cannabis for purposes of penalties.
According to the information I’ve received, it is permissible to casually deliver or “gift” cannabis to another adult (21+) in Illinois, provided that the cannabis in question has not been cultivated outside of the Illinois regulatory system or purchased at the medical cannabis tax rate, and the gift remains within the recipient’s legal possession limits. This interpretation stems from the language indicating that “casual delivery shall be treated in all respects as possession of cannabis for purposes of penalties.” Given that small quantities of cannabis are now allowed for possession in Illinois, experts tell me that gifting is effectively considered within legal bounds.
Omission or Oversight from Cannabis Regulation Oversight Office?
As mentioned, I recently noticed a notable omission or oversight within the CROO’s recently updated website: references to gifting are absent from the Frequently Asked Questions section.
Message from Cole: “I have pasted a snippet from an FAQ that seems to no longer be available for public view(the website appears to be down or locked). Am I correct to understand that Illinois law allows adults to gift each other cannabis? It seems that gifting is allowed, provided that no money is exchanged, the recipient of the gift is 21+, and the gift doesn’t exceed the recipient’s possession limit; is this a correct understanding? Here is a link to the website that I am referencing: https://www2.illinois.gov/cannabis/Pages/FAQ.aspx“
Reply from CROO: “I want to stress that this is not legal advice, but I would interpret both sections as you did. I will check with our legal team, but I can’t promise a definitive answer. I strongly recommend that individuals with questions about the legality of specific behavior consult with an attorney.”
Following this correspondence, the CROO seemingly reinstated references affirming the “legality” of cannabis gifting in Illinois. You can view the section, which was re-added to the CROO’s website, in the screenshot provided below. It’s worth mentioning that this information was reinstated on the website at some point following the aforementioned interaction that I had with CROO. It is also worth mentioning that the website appears to have undergone a significant redesign. For further exploration, you can access the website through the Wayback Machine, a web archive, using this link.
As of today, a visit to the Frequently Asked Questions section on the CROO’s website lacks any references to the legality of gifting. I can’t help but wonder if this omission is intentional or a simply an oversight. Given that this language has previously been prominently displayed on the CROO’s website in two different formats, it seems likely that this is an unintentional oversight rather than an intentional omission. In any case, the answer to this remains unclear, which has prompted me to submit questions to the office of the CROO in pursuit of clarification. I will share more when/if they respond to me!
It’s worth noting that in the realm of consumer packaged goods, few lack clarity on the subject of gifting. With cannabis having been “legalized” in Illinois for four years, the question of whether it is permissible to give it away during holidays or other occasions warrants a clear response.
Today, the CROO website lacks references to Gifting
I’ve covered this topic on my former show, the Chillinois Podcast. You can watch that coverage below.
The lack of attention to this topic inspired me to convert my findings into an article so that the community might get some clarity on this straight-forward question.
The Cole Memo 
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