State of Illinois Clarifies Homegrown Medical Cannabis Possession: No Set Limit, Provided It’s “Secured”

Article updated on 7/10/2024 to add a link to a follow up article that I wrote on this subject.

As some of you may know, I have been making an effort to work with the state of Illinois to provide some clarity on the cannabis laws that exist in the state of Illinois. I recently asked the state of Illinois to clarify what the possession limit is for medical cannabis patients.

I was inspired to ask this question because certain details in a recent story that I heard challenged my (layman’s) understanding of the law.

Background

Registered Medical Cannabis patients in Illinois are allotted an amount of 2.5 ounces of cannabis for every 2 weeks. This means that most registered medical cannabis patients can legally procure at least 5 ounces a month(~140grams) from medical cannabis dispensaries.

As detailed by the Illinois Medical Cannabis Pilot Program Annual Report to the General Assembly, the data shows a significant number of patients have been granted waivers to increase their allowable cannabis amount beyond the standard limit. In 2018, a total of 249 waivers were granted, with the increased allowable medical cannabis requested ranging from 2.6 ounces to 14 ounces. Similarly, in 2019, 455 waivers were granted, with requested increases ranging from 2.6 ounces to 15 ounces. The trend continued in 2020, with 608 waivers granted, and requested increases ranging from 2.6 ounces to 36 ounces. The 2021 report detailed ~701 waivers were granted with requested increases ranging from 2.8 ounces to 15 ounces.

As mentioned earlier, with a standard allotment, a medical cannabis patient can purchase approximately 140 grams of cannabis per month from medical cannabis dispensaries. These figures indicate that all medical cannabis patients require quantities exceeding the adult-use possession limit (30 grams).

You might be wondering: why do we even have possession limits? Who do these limits protect?

“Safety was a critical dimension that needed to be addressed for Illinois families. As a parent myself, I had to know that all Illinois children would be safe if we moved forward with this. We brought together medical experts and stakeholders like the Children’s Hospital and Illinois Public Health Institute’s to develop regulations that protect the health of our children and our families. Adult-use cannabis will only include those 21 and over. The program also includes regulation on potency and possession limits.”

Illinois Governor J.B. Pritzker speaks about possession limits, (May 4, 2019)

It’s important to note that possession limits (with a graduated set of penalties) began as a concept in Illinois in 1978.

In 1978, the Illinois General Assembly crafted a law that 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. This law is known as the Cannabis Control Act of 1978 (CCA) and is largely still in effect today.

In 2019, legislators introduced the Cannabis Regulation and Tax Act of 2019 (CRTA), which ultimately was signed into law by Governor J.B. Pritzker. The law repealed a tiny portion of the Cannabis Control Act of 1978 by decriminalizing the possession of small amounts of cannabis for in-state residents(30grams of flower, 5 grams of concentrate, and 500mg of edibles) and out-of-state visitors(15 grams of flower, 2.5 grams of concentrate, and 250mg of edibles). The law also created a system to tax and regulate the sale of small amount of cannabis to adults 21+.

Lawyers tell me that the CCA serves as the primary enforcement mechanism for the system established in 2019 to tax and regulate cannabis from a limited number of state-approved operators. In short, cannabis criminalization continues in Illinois due to the limited scope of the 2019 policy that is known as the Cannabis Regulation and Tax Act (CRTA). This is why this question is so important.

Note: In case you didn’t know, Illinois Representative Carol Ammons was an outspoken critic of the Cannabis Regulation and Tax Act of 2019. In this article, I showcase excerpts from a recent interview with Illinois Representative Carol Ammons.

You can watch or listen to the full interview here.

Message to the State

This is the message that I sent to the state. I originally sent this question as a follow up on an unrelated topic.

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.

Response from the State

This is the response that I received from the State. Note: the bold text is from my original email.

Hey Cole,

First, none of this is legal advice and people concerned should consult with their own attorneys.

Can you also let me know what the possession limit for registered medical cannabis patients is? Medical patients can possess up to 2.5oz of flower or the equivalent from infused products, or, if they have a waiver from IDPH, up to that amount. (410 ILCS 130/10(a)). Any cannabis produced by cannabis plants grown under home-grow rules (subsection 10-5(b)) must remain secured within the residence or residential property in which it was grown. (410 ILCS 705/10-10(a)(4)).

Do medical cannabis patients have a possession limit at home? Yes, although it depends on source, as stated above. Purchased cannabis must be under the 2.5oz or approved amount; grown cannabis must remain secured in the house in which it was grown.

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”? 410 ILCS 705/10-10(a)(4) would apply if the amounts cultivated in home are secured and remain in the home.

Thanks so much! Have a great weekend,

Nate

This is a copy of the email from the state of Illinois. Email received on April 26, 2024.

Assumptions

After receiving a response from the state of Illinois, I noted their reference to cannabis being ‘secured in the home.’ A quick search (CTRL+F) through the Cannabis Regulation and Tax Act (CRTA) failed to provide a clear definition of this term. Since I’m not a legal professional, it’s possible that I might have overlooked it amidst all of the legal jargon in the CRTA.

The law does, however, include the terms ‘reasonably secured’ in the language concerning personal transportation of cannabis, as well as ‘secured’ in reference to licensee’s vaults and production facilities. Considering that home-growing medical patients are technically part of the small group that is licensed to cultivate cannabis in Illinois, I think it is safest to assume that the law intends for medical patients to store their products in a similar fashion, or as securely as possible.

Update from 7/10/2024: I wrote a follow up article that I wrote on this subject.

Previous Guidance Provided by the State on Home Growing

Below are the home-grow guidelines that were presented by the Illinois Cannabis Regulation Oversight Office (CROO) during a Medical Cannabis Working Group meeting in June 2022. I was invited to speak at this event by the Illinois Cannabis Regulation Oversight Office.

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

You can see the file below or you can find it on the Illinois CROO website here.

june-2022-medical-cannabis-patient-working-group Download

Previous Responses from the State on This Subject

In the May of 2022, I 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. Originally published on May 8, 2022.

Comment below with your thoughts!

#246 – Cannabis Is Legal in Illinois, So Why Are People Still Being Arrested – The Cole Memo

Despite cannabis being legal in Illinois, people are still being arrested, charged, and even serving long prison sentences for marijuana related offenses. In this episode, I unpack recent reporting that highlights just how much criminalization remains baked into Illinois law and why legalization did not bring the relief many expected. We dig into possession limits, enforcement disparities, and how criminal penalties continue to fall hardest on marginalized communities. Drawing from years of reporting and my own mini documentary, this episode breaks down what legalization changed, what it did not, and why true decriminalization remains unfinished business in Illinois. Watch video version and read full show notes here: https://thecolememo.com/2025/12/22/e246/

The Cole Memo