The rules for home cultivation remain a bit hazy in Illinois

As some of you may know, I have been working with the state of Illinois to clarify the state’s cannabis laws. In a continuation of my efforts, I recently asked the state of Illinois to clarify what the possession limit is for registered medical cannabis patients in the state of Illinois.

While this might seem like a straight forward question, the answer that the State of Illinois sent me might surprise you. In short, Illinois can be described as a ‘keep-what-you-grow’ state. In other words, all amounts of cannabis that you cultivate at home are legal provided that they “remain secured within the residence”

After some reflection, I realized that the legal requirement for home-cultivated cannabis to “remain secured within the residence” was ambiguous. What does “secured within the residence” actually mean? Does it need to be kept in a locked vault? I couldn’t help but wonder if this was the part of the law that led to a medical patient’s arrest, detailed in a post that I shared in February. This ambiguity ultimately inspired me to follow up with the state of Illinois to seek clarity.

In this article, I’ll be sharing a response that the Illinois Cannabis Regulation Oversight Office gave me when I asked for clarity on how best to comply with the home cultivation laws.

Background

I am writing this follow-up article to address the lack of clarity in my previous post. To be more specific, towards the end of the article, I had a section that was entitled ‘Assumptions’. Since I am seeking to provide clarity, I felt that it was important that I did not leave you with assumptions.

So, I wrote a follow up email to the state of Illinois.

Follow up Email to Illinois Cannabis Regulation Oversight Office

Hello Nathan,

I had a follow up question about the attached language from the CRTA. What does authorized agent mean in the context of a medical cannabis patient? I am unable to find a definition of the term.

My assumption is that authorized agent = registered caregiver, but, I didn’t want to jump to any assumptions. Can you get me an official response on the authorized agent language? Additionally, could you get me clarity on the ‘secured in the home’ language?

Clarity on this particular part of the law would be helpful because it seems that this part of the law applies to “any amount of cannabis produced in excess of 30 grams or its equivalent must remain secured within the residence…”

I’m concerned that the ambiguity surrounding this topic might confuse medical cannabis patients that are trying to adhere to the current regulations for home cultivation.

Cole Preston

Email dated May 2, 2024

I followed up on this request because I didn’t receive a reply.

Nathan,

Happy Friday. I just wanted to follow up as it has been a while since I’ve heard back from you.

Are you able to give me a status update on my inquiry? It’s all good if you haven’t gotten around to this yet, I just wanted to ensure that it was still on your radar.

Cole

Email sent on May 31, 2024 at 2:28pm

State of Illinois Initial Response

Here is the initial response I received from the state of Illinois

I didn’t forget, but will follow up now to see where the lawyers ended up!

And I also didn’t forget about the disparity study question. I’ll follow up on that one as well.

Thanks! Happy Friday!

Nate

Email sent on May 31, 2024 at 2:53pm

Here is my response

Thanks Nate!!

I hope all is well for you!

Cole

Email sent May 31, 2024 at 2:54pm

State of Illinois Final Response

Here is the final response I received from the Illinois Cannabis Regulation Office

Hey Cole,

So the official answer is that, because these terms are undefined by the CRTA and the CRTA did not specify which State agency has jurisdiction/legal authority over home-grow rules, there is no definitive answer of what is or isn’t allowed beyond some common-sense practices, such as making sure cannabis is inaccessible to children and pets.

Unfortunately, I can’t provide any advice on what medical patients can or can’t do with home grow beyond what the CRTA and Medical Acts say, so individuals should consult with their own attorneys as needed.

Thanks for your patience, Cole. Have a wonderful weekend!

Nate

Email sent May 31, 2024 at 4:05pm

Here is my response to the state’s official reply

Thank you, Nate! I’ll stay posted on details about Disparity and Availability study!

Have a great weekend,

Cole

Email sent on May 31, 2024 at 4:07pm

Conclusions

The state made it clear that key terms in the Cannabis Regulation and Tax Act (CRTA) are undefined and that no single state agency has clear jurisdiction over home-grow rules. As a result, they were unable to provide definitive guidance on what is or isn’t allowed beyond some general advice to keep cannabis inaccessible to children and pets.

This ambiguity puts medical cannabis patients in a vulnerable position, where they must interpret unclear laws without solid guidance from the state. This highlights the urgent need for better cannabis policies in Illinois. Currently, the main way cannabis laws are enforced is through criminal law, which means you risk your freedom when you use, grow, or possess cannabis.

The state needs to decriminalize cannabis entirely, which would involve repealing outdated laws like the Illinois Cannabis Control Act of 1978. This would remove unnecessary restrictions on cannabis use, possession, and cultivation while also eliminating criminal penalties for those who exceed these limits.

In short, personal cannabis use, cultivation, and possession shouldn’t be treated as criminal issues. The state needs to recognize this and create clearer, fairer regulations to support safe and legal cannabis use.

The General Assembly should stop treating cannabis and the criminal law as two warring interest groups. Handing a victory to cannabis does not require handing an in-kind victory to the criminal law in the form of harsher penalties at the margins. It’s not a zero-sum game. Meaningful cannabis reform begins with the recognition that personal cannabis use and possession need not be a criminal issue.

Excerpt from an article written by Evan Bruno, Illinois State Bar Association

Comment below with your thoughts!

The Cole Memo