The Status of Medical Marijuana in Illinois

Web Admin - Thursday, January 15, 2015

medical marijuana in Illinois, Arlington Heights drug defense lawyerOne of the most controversial issues currently facing politics is the legalization of marijuana. Some states have gone so far as to completely legalize it, allowing recreational use of the drug. Other states, along with the federal government, have left it totally illegal. Illinois has chosen the middle ground of allowing the use of marijuana to treat certain medical conditions. Illinois' medical marijuana law was signed in 2013, and it creates a framework for how to regulate the use of marijuana. However, there have recently been delays in the implementation of that framework, meaning that even though medical marijuana is technically legal, it is still inaccessible to Illinois residents.

General Rules

The Illinois medical marijuana law sets up both a legal framework for patients who possess marijuana, as well as for growers and distributors. Patients may apply for a medical marijuana card if they have one of almost 40 qualifying illnesses, including Parkinson's, cancer, and glaucoma. In order to get a medical marijuana card, people must also be residents of Illinois who are over the age of 18 and who do not have a criminal record.

As far as a growth and distribution framework, the law allows for 22 businesses to receive licenses to actually grow marijuana. One of these businesses will be located in each state police district. The law also authorizes a set of 60 licenses for distributors who will purchase the marijuana from the growers and sell it throughout the state. Additionally, the law creates a new 16 member board for the addition of new qualifying illnesses to the list of diseases that would allow someone to receive medical marijuana.

Recent Delays

Despite the fact that the law went into effect at the beginning of 2014, it has been plagued with implementation delays. According to a report by the Chicago Tribune, state agencies spent almost a full year just developing the regulations to manage this program. So far, only 650 patients have been given their medical marijuana cards, and the numbers on the business side are even less encouraging.

Many people were hoping that Governor Quinn would award the licenses for the growers and distributors before he left office. However, that did not happen. That means that it will be up to Governor Rauner to make the decision about future licensing. Governor Quinn did make some appointments to the board that will decide about adding new illnesses before he left office, but he also left some spaces open for Governor Rauner to make more appointments.

Illinois's medical marijuana law creates a complex legal framework, and running afoul if it can result in criminal drug charges. If you have recently been charged with a drug crime, contact an Illinois criminal defense attorney. Drost, Gilbert, Andrew & Apicella, LLC represents the accused in towns across the northwest suburbs, including in Rolling Meadows, Schaumburg, and Arlington Heights.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.

Legally Possessing Medical Marijuana in Illinois

Web Admin - Friday, December 06, 2013

On August 1st, 2013, the Illinois legislature passed The Compassionate Use of Medical Cannabis Pilot Program Act, which allows the use of medical marijuana in Illinois. This bill, which goes into effect on January 1st of next year, expands access to marijuana for those with certain medical conditions. However, the law keeps it illegal for recreational purposes, and tries to maintain public safety by carefully regulating who uses the drug and how much is allowed.

Rules on Marijuana Use

The state legislature placed several restrictions on the legality of medical marijuana. The law allows people to obtain marijuana only if they have one of 33 illnesses listed in the Act. However, the law also gives the Illinois Department of Public Health (IDPH) the authority to add new diseases to the list as they see fit. The Act further limits the use of medical marijuana to people over the age of 18 who do not have a prior felony conviction. The legislature also attempted to control the spread of marijuana by requiring an Illinois ID card or driver’s license, so that people cannot travel to Illinois from other states just to get marijuana. Additionally, the Act forbids the use of marijuana in front of minor children.

How to Obtain Medical Marijuana

The process for acquiring medical marijuana eligibility contains three steps. First, a doctor must diagnose the patient with one of the 33 listed conditions, which include, among other diseases, cancer, glaucoma, HIV/AIDS, MS, and various pain disorders. Once the doctor diagnoses a patient with an eligible disorder, the patient can go to a medical marijuana clinic or other specialist to acquire a doctor’s recommendation for medical marijuana. The patient then takes that recommendation to the IDPH who will issue them an ID card that allows them to purchase medical marijuana.

Once the patient becomes eligible for medical marijuana, they can take their ID card to one of 60 state-regulated dispensaries, and use it to purchase up to 2.5 ounces of marijuana every two weeks. Patients should keep in mind that the state heavily controls the supply of medical marijuana, which means that it may take a few months after the bill goes into effect before the medical marijuana actually becomes available.

Legal Help

If you have questions about the legality of medical marijuana, or have been charged with a crime related to medical marijuana, contact an experienced Chicago drug defense attorney today. We serve many areas in the northwest suburbs including Schaumburg, Barrington, Des Plaines, Deer Park, Buffalo Grove, and more.

Recent Posts


Illinois construction accident attorney Buffalo Grove personal injury lawyer pet law Riverwoods estate planning lawyer Des Plaines drug lawyer slip and fall accidents Arlington Heights real estate lawyer Illinois speeding lawyer Des Plaines Traffic Lawyer Landlord Tenant Ordinance criminal record financial advisors Palatine Attorney rent to own real estate contracts fiduciary rule delay commercial real estate home inspection lawyer insurance negligence pay when paid contract Schaumburg injury lawyer traffic accidents pedestrian accidents Barrington employment law attorney Illinois Smoke Detector Act Rolling Meadows personal injury lawyer drug crime Arlington Heights criminal lawyer real estate Illinois estate planning law firm Barrington estate planning lawyer Palatine corporate attorney Arlington Heights wills and trusts lawyer rollover car crashes breach of contract Schaumburg criminal law attorney Schaumburg personal injury lawyer Illinois Human Rights Act denied insurance claim Retaliatory Discharge Palatine punch death Illinois Sales Representative Act trucking accidents Inverness personal injury attorney subcontractor insurance agent negligence Illinois boating accident lawyer Illinois mortgages golf accidents Deer Park employment law attorney Detainer Actions compensatory time denial of life insurance insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Illinois LLC creation Rolling Meadows insurance dispute lawyers elder law DNR Barrington Illinois estate planning lawyer real estate zoning Des Plaines injury law firm operating agreements product liability fault based insurance Buffalo Grove traffic lawyers Des Plaines South Barrington real estate lawyer Arlington Heights trucking lawyer Crystal Lake business law attorneys Palatine probate lawyer IRS wrongful death Arlington Heights accident attorney Illinois traffic laws pedestrian injuries, pedestrian fatality Illinois wills and trusts Palatine business attorney special needs trust foreclosed rental property Inverness DUI lawyer Barrington civil litigation attorney accidental death benefits digital evidence murder clemency Buffalo Grove car accident lawyer Deer Park criminal attorney estate planning trusts breathalyzer test Inverness accident lawyer workers comp Illinois trucking safety Rolling Meadows insurance attorney medical marijuana Crystal Lake traffic lawyer workers compensation benefits insurance denials Fourth of July construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation DGAA trust payments digital media accounts, estate planning, Arlington Heights estate planning attorney, Des Plaines tax law firm work unions Buffalo Grove personal injury attorney Chicago traffic lawyer pain and suffering digital information homestead rights Palatine civil litigation lawyer Chicago corporate attorney sole proprietorship Crystal Lake civil litigation lawyer insurance denial appeals Chicago employment lawyer IRELA traumatic brain injuries condo association Illinois elder law attorney Arlington Heights insurance attorney Illinois will lawyer estate attorney hit and run accident construction accidents Illinois small business Illinois insurance claim dispute lawyer insurance claim Crystal Lake traffic attorney Joliet general practice lawyers automated cars real estate leasing Rolling Meadows criminal attorney insurance claim dispute pizza emoji life insurance estate plan Rolling Meadows real estate attorney revenge porn traumatic brain injury Rolling Meadows traffic attorney trustee Arlington Heights car accident lawyer advance healthcare directive bicycle dooring accidents rest breaks personal injury law firm bicycle accidents Illinois insurance claims lawyers wills comparative negligence Rolling Meadows accident lawyer Chicago trucking accident attorney Illinois real estate probate claims process Home Remodeling Repair Act overtime pay attorney fees disability benefits texting while driving Inverness real estate attorney traffic violations defense Crystal Lake injury attorney medical malpractice claims Palatine insurance lawyer Buffalo Grove real estate attorney Barrington litigation attorney Rolling Meadows business lawyer investment property loopholes Inverness real estate lawyer products liability creditors Illinois Transfer on Death Instrument Barrington boating accident attorney liens owner responsibility Palatine injury attorney Rolling Meadows employment attorney ken apicella Illinois law Illinois job attorney Illinois real estate lawyer Des Plaines claims law firm distracted driving accidents Buffalo Grove insurance claim dispute lawyers employee misclassification Rolling Meadows drug defense attorney Barrington medical malpractice lawyers license reinstatement llinois Real Estate Lawyers Association Illinois defective products attorney blood alcohol content traffic deaths medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Buffalo Grove probate lawyer tax attorney Illinois traffic ticket lawyer Crystal Lake personal injury lawyer Rolling Meadows Traffic Lawyer personal injury claims Illinois collections attorney privacy Illinois corporate lawyer Palatine elder law attorney Rolling Meadows insurance dispute lawyers, insurance dispute fatal car accidents insurance claim dispute attorney Arlington Heights lawyer Deer Park traffic lawyer pedestrian-automobile accident healthcare insurance claim denials Palatine traffic lawyer Crystal Lake insurance lawyer senior citizens blended families Rolling Meadows personal injury attorney Illinois workplace lawyer Schaumburg insurance lawyers vacation home fines digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Barrington real estate lawyer Des Plaines real estate lawyer gift taxes Des Plaines civil attorney Policy Cancellation employees Crystal Lake car accident attorney traffic tickets BUI traffic offenses DUI penalities Illinois workers compensation attorney FSLA Mt Prospect Attorney Illinois estate planning attorney civil rights violation Inverness corporate attorney Kenilworth estate planning attorneys real estate lawyer employee discrimination Chicago estate planning lawyer Barrington attorney Palatine trusts lawyer dynasty trusts employment law, Illinois employment laws Class A misdemeanor corporate law distracted driving accident victims Illinois insurance lawyer suspended license low-ball insurance settlement Exclusions Des Plaines personal injury lawyers cell phone Arlington Heights injury attorney Inverness civil lawyer Long Grove wills and trusts attorneys Deer Park accident attorney sexual images guardianship attorney Schaumburg estate planning attorney employment lawyer construction contracts cell phone tower data Illinois home inspection crossover accidents car crash Illinois traffic accident lawyer preventable medical errors nursing home negligence traffic violations Rolling Meadows traffic law firm motorcycle accident lawyer no contest clauses Inverness estate planning lawyer income distribution deducation whistleblower protections TBI Crystal Lake estate planning lawyer commercial leases Rolling Meadows employment law attorney Arlington Heights personal injury attorney contracts Inverness traffic law firm Super Mario privacy laws elder abuse Long Grove estate planning attorney Rolling Meadows litigation lawyer drunk driving holiday statistics defective products Schaumburg construction accident lawyer digital assets Inverness probate lawyer underage DUI caregiver Long Grove estate planning attorneys marijuana Palatine civil attorney Des Plaines personal injury attorney problem employees Liquor Control Act Illinois injury lawyer Arlington Heights TBI attorney Des Plaines pet law attorney Palatine construction attorney Illinois insurance claim attorney surgical mistakes medical malpractice compensation mass shooting real estate closing Crystal Lake medical malpractice law firm Arlington Heights medical malpractice lawyer Crystal Lake law firm IRA trust transfer Long Grove estate planning Des Plaines DUI attorney CAM Illinois probate lawyer Rolling Meadows tax attorney living wills boating under the influence uninsured motorist overtime violations Arlington Heights car crash attorneys denied insurance claims natural gas explosion Illinois Wage Payment and Collection Act Crystal Lake medical malpractice lawyer Palatine estate planning lawyer in terrorem provision marijuana crimes attorney new real estate form wills and trusts Arlington Heights tax lawyer commercial leasing insurance attorney Illinois employment attorneys agent forming a corporation in Illinois life insurance policy employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Deer Park motorcycle accident lawyer Employment Discrimination Law estate planning for college students Barrington personal injury attorney Illinois employment law attorneys anesthesia errors Barrington estate planning attorney car accident lawyers Chicago estate planning Mount Prospect real estate lawyer Illinois lawyer Palatine personal injury lawyer estate planning social media after death Illinois employment law business litigation slip and fall Illinois driving without license back injuries Chicago insurance law firm Des Plaines medical malpractice attorney drunk driving statistics Palatine criminal defense lawyer Des Plaines real estate attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers mortgage insurance claim delay boating accidents living trust vs will trauma after an accident Chicago will attorney Illinois employment law firm fiduciary rule texting and driving Deer Park personal injury lawyer estate tax unauthorized overtime underfunded trust Rolling Meadows DUI lawyer Kenilworth estate planning attorney Schaumburg Attorney Affordable Care Act healthcare claims personal injury medical malpractice Mount Prospect elder law attorney irrevocable trust Illinois employee rights attorney. rollover accidents real estate attorney bad faith insurance claims job lawyers Illinois personal injury Des Plaines drug crimes lawyer Des Plaines collections attorney Barrington business law firm Illinois traffic attorneys Des Plaines motorcycle accident attorney Palatine employment attorney college kids Illinois red light cameras Schaumburg estate attorney Rolling Meadows insurance lawyer estate planning lawyer Schaumburg probate attorney Whistleblower Claims Barrington personal injury lawyer Barrington criminal defense lawyer Crystal Lake employment attorney murder charges dog bites Palatine employment law lawyer medication errors Illinois Transfer on Death Instrument Illinois Workers’ Compensation Commission wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace probate process Rolling Meadows personal injury lawyers pregnant women civil litigation attorney Mount Prospect wills and trusts lawyers personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Illinois insurance claim dispute lawyers Home Sale Contingencies Illinois Trust Code living trust benefits School Visitation Rights Act Rolling Meadows car accident lawyers license first degree murder child safety Rolling Meadows Attorney head on collisions Illinois personal injury attorney startup company personal injury accidents Crystal Lake tax lawyer pedestrian accident DMV Palatine traffic accidents insurance claim denial Rolling Meadows marijuana attorney Crystal Lake car accident lawyer insurance dispute attorney Rolling Meadows criminal lawyer Chicago attorney Palatine employment lawyer car crash injuries wage theft Illinois insurance attorney Illinois Probate Act of 1975 Arlington Heights wills and trusts lawyers Arlington Heights personal injury lawyer jet ski probate landlord living trust Deer Park medical malpractice attorney bike accident traffic crimes swimming pools Des Plaines criminal attorney Illinois wills and trusts attorneys jet ski accidents employee rights federal regulations for LLCs Schaumburg employment law attorneys license revocation GM ignition switches Palatine corporate law attorneys Schaumburg real estate lawyer rumble strips Illinois medical malpractice claim Illinois workplace discrimination attorney independent contractor insurance claims Fair Labor Standards Act icy parking lots Schaumburg employment attorney food poisoning manufacturing car collision filing a medical malpractice claim Illinois jet ski accident lawyer dram shop law Schaumburg wrongful death attorney insurance dispute Schaumburg medical malpractice lawyer Schaumburg criminal attorney installment contracts Barrington criminal lawyer Buffalo Grove medical malpractice lawyers Rolling Meadows Illinois criminal defense attorney Illinois rollover accident lawyers Schaumburg drug defense lawyer caretaker rights estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Crystal lake insurance dispute attorney Illinois employment lawyer Rolling Meadows estate planning attorney Buffalo Grove employment lawyer preventing accidents ObamaCare changes to mortgage law Crystal Lake will lawyer deadly crashes car crashes health insurance dispute Illinois business law atorneys Colin H. Gilbert Palatine workers compensation lawyer severance agreements auto accidents underinsured motorist medical research Crystal Lake medical malpractice attorneys modern family estate planning comp time small business deed transfer PTSD drugs gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Chicago insurance claim attorneys drug crimes lawyer natural gas Crystal Lake pedestrian accident lawyer Illinois personal injury lawyers Thanksgiving civil litigation hands free device Illinois attorney Arlington Heights employment law attorneys Illinois business lawyer Schaumburg civil litigation attorney drug possession Illinois living will vacation home foreclosure FMLA consent to a search Schaumburg Illinois bicycle safety probate claims minimum wage meal breaks LLCs Illinois insurance disputes Illinois medical malpractice case landlord tenant law Deer Park real estate law firm Chicago employment attorney trusts premises liability criminal defense Arlington Heights estate planning attorney Des Plaines insurance attorney Buffalo Grove injury lawyer Crystal Lake pet attorney Chicago lawyer paid sick leave Schaumburg car accident attorney Forcible Entry car accident lawyer Illinois traffic attorney Illinois medical malpractice attorney car accident Illinois personal injury lawyer employment contract condo Illinois medical malpractice lawyers Arlington Heights Traffic Lawyer Buffalo Grove corporate attorney Illinois insurance dispute lawyers Crystal Lake bike accident lawyer Schaumburg elder law lawyer BAIID ACA Schaumburg corporate attorney murder defense spinal cord injury wrongful termination Arlington Heights pedestrian accidents insurance disputes coronavirus South Barrington real estate attorney Legal Info insurance agents capital gains tax motorcycle accident DUI attorney Schaumburg estate planning lawyer Illinois motorcycle accident lawyer Arlington Heights Attorney criminal Barrington injury attorney workers compensation defective products lawyer Crystal Lake personal injury attorney appealing an insurance claim Illinois trusts attorney trench injuries Des Plaines personal injury lawyer car accidents Kenilworth estate planning lawyer Palatine law firm personal injury claim Crystal Lake employment law attorney life insurance lawyer Deer Park DUI lawyer employment law controlled substance Illinois civil litigation lawyer license suspension Illinois pedestrian accident attorney Crystal Lake criminal defense attorney Rolling Meadows corporate lawyer Arlington Heights wills and trusts attorneys traffic laws insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys unfunded trust spinal cord injuries POA Long Grove real estate attorney Arlington Heights employment attorney Crystal Lake accident attorney Rolling Meadows probate lawyer BAC Chicago will attorney, social media platforms, Illinois estate planning lawyer, liability Deer Park traffic accident attorney Arlington Heights traffic attorney unpaid assessment Des Plaines accident attorney field sobriety test unpaid overtime probate fees internet pet bites Illinois tax attorney liability claims Buffalo Grove law firm Inverness insurance attorney Barrington employment law firm sexual harassment Illinois employment laws criminal law speeding Barrington drug crime attorney right to work Arlington Heights wills and trusts attorney reckless homicide loss of consortium Schaumburg personal injury lawyers Barrington employment attorney truck collisions employment attorney workplace sexual harassment Buffalo Grove traffic attorney Chicago car accident lawyer hiring employees eluding a police officer Barrington workers compensation attorney Federal Food Drug and Cosmetic Act Illinois DUI attorney DUI Crystal Lake employment lawyer probate lawyer Deer Park workers compensation lawyer Rolling Meadows boating crash lawyer expungement dealing with problem employees Schaumburg personal injury attorney Illinois estate planning driving drug crimes Inverness elder law lawyer cell phone accidents Schaumburg traffic lawyer Illinois wrongful termination lawyer Family Medical Leave Act boating DUI Long Grove real estate lawyer Illinois registered agent federal crimes Illinois workers compensation lawyer Rolling Meadows medical malpractice lawyers IRA benefits trucking accident lawyers power of attorney Buffalo Grove criminal defense lawyer Barrington Traffic Lawyer Illinois pet lawyer Attorney Ken Apicella DUI defense real estate contract brain injury residential real estate Self-Directed IRA Accounts Illinois employment law attorney Rolling Meadows employment law attorneys Colin Gilbert life insurance claims Palatine real estate lawyer Food and Drug Administration's Food Safety Modernization Act Inverness injury lawyer Chicago biking tips Do Not Resuscitate institutional trustee Illinois car accident attorney Jay Andrew Palatine drug lawyer estate planning attorney personal injury attorney involuntary manslaughter taxes power of attorney for healthcare insurance adjusters personal injury lawyer real estate attorneys