Illinois Statewide Rule
Illinois Cannabis Home Cultivation Limited to Medical Patients
Key Facts
- Statute
- 410 ILCS 705/10-5
- Recreational grow
- Prohibited
- Medical patient cap
- 5 plants
- Location
- Enclosed, locked space
- Age requirement
- 21 or older
Summary
Illinois law permits home cannabis cultivation only by registered medical patients, capped at five plants per household, and preempts local bans or expansions of recreational home grow.
(b) Cultivating cannabis for personal use is subject to the following limitations: (1) An Illinois resident 21 years of age or older who is a registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act may cultivate cannabis plants, with a limit of 5 plants that are more than 5 inches tall, per household without a cultivation center or craft grower license. In this Section, "resident" means a person who has been domiciled in the State of Illinois for a period of 30 days before cultivation.
Full Breakdown
Under the Cannabis Regulation and Tax Act (410 ILCS 705/), recreational adult-use cultivation at home is prohibited. Only registered medical cannabis patients aged 21 or older may cultivate up to five plants in an enclosed, locked space at their primary residence per 410 ILCS 705/10-5. Plants must not be visible from public view. Municipalities cannot authorize recreational home cultivation, nor can they ban medical patient cultivation, since the state law sets the exclusive framework statewide.
Violations & Penalties
Recreational adult-use home cultivation, growing more than five plants, cultivating without medical patient registration, or visible outdoor cannabis plants.
Frequently Asked Questions
Can I grow cannabis at home in Illinois?
What are the penalties for unauthorized home cultivation in Illinois?
Can my city ban medical cannabis home cultivation?
Sources
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