Exclusive: State of Illinois Confirms Gifting of Cannabis is Legal

In a review of the Illinois Cannabis Regulation Oversight Office website, I noticed that mentions of gifting cannabis had disappeared from their FAQ section.

This seemed like a straightforward question: If cannabis is legal, can I gift it? So, I reached out to the state for an answer.

The state clarified that adults 21 and older are legally allowed to gift cannabis to other adults (21+), as long as the gifted amount stays within personal possession limits and no monetary exchange occurs. They also informed me that they would update their FAQ with this information within the next day or so.

Below is record of my correspondence with the state of Illinois.

Message to the State of Illinois

I kindly request the following information:

Can you confirm whether cannabis gifting remains legal in Illinois for adults aged 21 and over?

If the information on the CROO website has been updated or revised regarding cannabis gifting, could you please provide the reasons for these changes?

Is there a dedicated resource or section on the CROO website where individuals can find accurate and comprehensive information about cannabis regulations, including gifting?

Providing this information may help address any confusion among residents and contribute to a better understanding of the state’s cannabis laws. It is also crucial for ensuring that individuals can exercise their rights responsibly and in compliance with the law.

I am committed to disseminating accurate information to the public, and I believe that your insights will greatly assist in achieving this goal. I intend to incorporate your response into an article aimed at promoting awareness and understanding of cannabis regulations in Illinois.

Thank you for your attention to this matter. I look forward to your prompt response, and I am open to further communication or interviews, should you wish to provide additional context or details.

Cole Preston

This is a copy of my email to the state of Illinois. Email sent on February 3rd, 2024.

Response from the State of Illinois

I recently received a response from the Cannabis Regulation Oversight Office.

Hi Cole,

Apologies that it took us forever to get back to you. And thanks for reminding us about your question last month. Persistence always helps!

Please find the answers to your questions below. Feel free to reach out if you have more questions.

Nate

I kindly request the following information:

Can you confirm whether cannabis gifting remains legal in Illinois for adults aged 21 and over? IDFPR only regulates cannabis dispensaries, and the Department of Agriculture regulates cultivators, infusers, and transporters. It is not legal for dispensaries to gift cannabis. (410 ILCS 705/55-20(d)). Individuals over the age of 21 may give gifts of cannabis to other adults over the age of 21, so long as the amounts are below the personal possession limits and nothing of value is exchanged.

If the information on the CROO website has been updated or revised regarding cannabis gifting, could you please provide the reasons for these changes? The current FAQs were prepared by the CROO team and attempted to answer the most frequent questions. Consumers may also find the State’s consumer information on Let’s Talk Cannabis that mentions “giving.” Neither IDFPR nor IDOA regulates cannabis gifting between private citizens. Gifting between people (not businesses, cannabis employees, or medical patients/caregivers) should comply with the possession, age limits, and other requirements of State and federal laws.

Is there a dedicated resource or section on the CROO website where individuals can find accurate and comprehensive information about cannabis regulations, including gifting? The FAQ is intended to be that, as well as the contact us for additional questions. Thank you for using both of these resources!

In addition to answering your reasonable questions, we are going to add a new FAQ “Can I give cannabis as a gift?” to our website. The answer (which should go live in a day or so) will read:

Yes, but be aware that:

Age matters. Possession or use by those under 21 years old is still illegal, so gifting cannabis to those under 21 is illegal, too. (410 ILCS 705/1-5(b)(2)). It is also worth remembering that smoking near young people or children may expose them to harmful secondhand smoke.

Must be gift. “Gifting” must be purely non-commercial. Only licensed cannabis businesses may sell cannabis.

Can’t use gifts to promote sales. Using samples or free products to promote sales is not allowed by the CRTA. (410 ILCS 705/55-20(d)).

Possession limits. Residents can possess up to 30 grams of flower, 500 milligrams of THC-infused products, and 5 grams of concentrate unless they are a qualified cannabis medical patient. Out of state people can only have half of those limits. (410 ILCS 705/10-10).

Medical patients growing their own cannabis. Medical cannabis patients may grow up to 5 plants, but (1) seeds may not be given or sold to any non-qualifying patient and (2) medical patients cannot give or gift away cannabis or cannabis products. (410 ILCS 705/10-5).

Location of use matters. Consuming in public is not allowed. Be aware of smoking/vaping rules that apply to tobacco and cannabis products. (410 ILCS 705/10-35).

Federal rules. Cannabis is not permitted on federal property, including federal parks and buildings. Gifting to someone leaving the state may result in that person violating federal and, potentially, other state laws.

This is a copy of the email from the state of Illinois. Email was sent from Nate Inglis Steinfeld – Deputy Cannabis Regulation Oversight Officer (CROO), Research+Data. Email received on April 18, 2024.

I value the CROO’s commitment to transparency, as demonstrated through this interaction. I also appreciate that they offered to answer any other questions that I might have.

In response to Nate’s email, I posed the following question:

Can you also let me know what the possession limit for registered medical cannabis patients is? Do medical cannabis patients have a possession limit at home? For example, if a medical patient cultivates cannabis at home, do they need to dispose of quantities that exceed their possession limit? Or do they simply need to ensure that those quantities are “secured in the home”?

This is a copy of my email to the state of Illinois. Email sent on April 18, 2024.

In the past, I’ve reached out to the state of Illinois for clarification on this matter. Although they emphasized that they were not providing legal advice and intended to consult their legal team, they indicated that they would interpret the sections in the same manner as my attorneys have.

Question #7(from me, Cole Preston):Possession limits – In the past, attorneys have told me that the law allows you to cultivate and possess as much cannabis as you want at home[if you are a registered medical cannabis patient in the state of Illinois], provided that you stay within your 5 plant limit as a medical cannabis patient and provided that all amounts that exceed 30 grams are “secured in the home”. Is this a correct interpretation of the law? In other words, is Illinois a “keep what you grow” state? If not, should medical cannabis patients dispose of all quantities that exceed their possession limit?

Answer #7(from Illinois Cannabis Regulation Oversight Office): 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.

This excerpt is from a follow up Q&A that I had with Illinois Cannabis Regulation Oversight Office.

Did you know that registered medical cannabis patients are allowed to cultivate 5 cannabis plants inside of their home?

Unfortunately, patients are not able to legally cultivate outdoors. There are only two entities in the state of Illinois that have received approval to cultivate cannabis outdoors.

The Cole Memo