Is Medical Marijuana Legal in Illinois, USA?

Chicago, IL, 2021-Sep-02 — /EPR Network/ — Many states have now joined in the long list of marijuana legalization states. Residents of states that have legalized cannabis can now use marijuana, whether for recreational or medical use. When looking into medical marijuana in Illinois, two words are often used – legalization and decriminalization. Although they are used interchangeably, in law, they have different meanings. 

Decriminalization refers to a law or rule that is still in the books, but penalties are enforced or are reduced. On the other hand, legalization stands for an action that has been removed from the criminal code and is no longer viewed as committing crime. There is more to these two words than just semantics when scrutinizing laws of medical marijuana in Illinois. Knowing the difference between legalization and decriminalization will help you to understand whether cannabis is allowed for both medical and recreational, or medical use only. It also helps to know the actions that will be taken for breaking certain marijuana laws. 

What the Current Law States about Medical Marijuana in Illinois 

To better understand what the law says about marijuana in any state, including Illinois, you need to make a clear distinction between medical marijuana and recreational marijuana. Unlike a few states that have legalized recreational marijuana, Illinois is among the states that have not yet legalized recreational cannabis. This means that consuming marijuana for recreational purposes is illegal. Under laws of medical marijuana in Illinois, it is illegal to cultivate, sell, manufacture, use, transport, smoke, or possess marijuana for recreational purposes. 

However, if a licensed state doctor can verify that the patient is suffering from one or two of the many qualifying conditions, he or she can apply for an identification card that allows the use of medical marijuana. This is according to the Compassionate Use of Medical Cannabis Pilot Program Act. Once a patient has been issued with a medical marijuana card, he or she is allowed to go to go marijuana dispensaries and to purchase marijuana. 

At one given time, there is a limit on the amount of cannabis that can be possessed or bought. There are also conditions that will allow a physician to confirm that a patient requires medical marijuana. These medical conditions are called qualifying conditions. 

Legality of Medical Marijuana in Illinois 

In 2013, Illinois implemented a  “pilot” program that was meant to determine the safety, interest levels, and monetary considerations before the real program came into effect. Currently, no single marijuana dispensary has opened for patients to access medical cannabis in Illinois. Patients suffering from qualifying conditions have also not been able to apply and obtain medical marijuana lawfully. 

Patients will have to wait until later this year for the program to kick off, which will give them access to medical marijuana in Illinois dispensaries. Safety continues to be among the rationales behind medical marijuana legalization. The Chicago Tribune recently noted that many patients and marijuana users like to search for legal sources to purchase cannabis. The assurance of quality is what they are after and they believe that regulated dispensaries will give them that. 

Despite the many efforts being made to legalize marijuana in the United States, the use of cannabis is still controversial. States are still weighing between the taxes that and concerns that will come up once marijuana is completely legalized. These considerations and concerns include:

• Health and safety 
• Driving under influence 
• Easier access of the cannabis to the teens 

Many people are still waiting to see whether the program will succeed in Illinois. What spoils it further is the fact that the federal government considers cannabis as an illegal substance. Possessing, growing, and purchasing leads to a criminal offense under the Controlled Substances Act. This really annoys many states including Illinoisans. It confuses many people because on one hand, the federal government says that marijuana is illegal, and on the other hand, several states have legalized both medical and recreational use of marijuana. 

Over state law, the federal law takes precedence. This means that unless repealed or found unconstitutional, the federal reigns supreme over state law. Technically, going by the federal law, marijuana is not legal anywhere in America, no matter how many states have legalized either medical or recreational marijuana or both. 

If you reside in Illinois, it is not all gloomy if you are a medical marijuana user. As much as there is conflicting information about marijuana legality in America, the federal government has never come up openly to decriminalize marijuana. States that have legalized recreational marijuana such Colorado and Washington have an advantage because the federal government is unlikely to enforce the ban of marijuana use. Since Illinois has legalized medical marijuana, it is clear that it won’t accept penalties associated with the use of medical marijuana in Illinois. The federal government will not enforce its ban for marijuana in states such as Illinois.

About My Marijuana Card 

My Marijuana Card is among the most trusted medical marijuana card providers that has helped over  10,000 legally get access to medical marijuana. It is mandatory for patients seeking medical marijuana services to first get their Marijuana Card. They provide research-centered information regarding cannabis-based healthcare management and assist communities in making effective healthcare decisions. For more information about them, visit them at https://www.mymarijuanacards.com/