We expected that recreational marijuana sales would boom in the first few weeks of 2020, but even we didn’t expect that number to approach $20 million in sales.

Recreational marijuana became legal to purchase in Illinois on January 1 of this year, and in the first 12 days of legalization the state has done nearly $20 million in sales, including $13 million in the first week. Compared to the other eight states in the US that allow recreational marijuana, only California had more sales in its first week with nearly $15 million in sales. There’s a good chance that Illinois would have outpaced California if not for the fact that some dispensaries were forced to shut down sales because of a shortage of product in the first week.

Not surprisingly, sales peaked the first day that recreational marijuana use became legal, as people lined up for blocks in some areas to purchase the plant. Illinois did nearly $3.2 million in sales on the first day. Here’s a closer look at some statistics from the first 12 days of legal sales:

As of January 1, recreational marijuana is now legal to purchase, possess and smoke in the state of Illinois. There are plenty of regulations that come with its legalization, as you can’t just smoke anywhere or buy from anyone, but the most notable is how the state handles driving under the influence of marijuana. Below, we take a closer look at how Illinois views driving under the influence of marijuana, and we explore the regulations so you don’t end up in handcuffs.

Can I Drive After Smoking Marijuana?

Marijuana has been linked to drowsiness and delayed reaction times among other things, so for those reasons and more, the state has made it illegal for anyone to get behind the wheel while under the influence of marijuana. It is legal to ride in a vehicle under the influence of marijuana as a passenger, but the state has made it illegal to smoke marijuana while riding in a vehicle, even if it’s your car or a friend’s vehicle.

The law specifically states that “a driver may not operate a motor vehicle while impaired by the use of cannabis, whether used medically or recreationally,” and recreational marijuana may only be transported in odor-proof and child resistant containers. We’ll touch on citations for possession violations in a future blog, but for today, we’re going to focus on driving under the influence.

Illinois will become the 11th state to legalize recreational marijuana use beginning January 1, 2020, but just because the drug becomes legal does not mean that you have free reign to smoke as you please when the calendar turns. There are still a number of rules and regulations that must be followed if you’re going to use recreational marijuana, and we want to highlight those laws so you don’t need to hire us to get you out of trouble. We’re obviously more than willing to help you out of a sticky situation, but we also want to promote education so you can stay out of trouble in the first place. Here’s a little bit more information about the changes coming in the new year regarding recreational marijuana use.

Recreational Marijauna FAQs

Below, we provide answers to some common questions about the upcoming legalization of marijuana use in Illinois.

• Can I smoke anywhere? – No, just because recreational marijuana is legal does not mean that you can light up wherever you please. In fact, it is illegal to smoke in public, so if you’re caught smoking in a public place, expect a ticket. You are allowed to use recreational marijuana in private dwellings and in establishments if local jurisdictions allow it.
• Can I grow my own marijuana? – Users who smoke marijuana recreationally will not be allowed to grow their own plants. However, if you have been medically cleared to use marijuana, you are allowed to grow up to five plants in your home.
• Who can buy recreational weed? – Adults over the age of 21.
• How much recreational marijuana can I buy? – Illinois residents can buy up to 30 grams of marijuana plant material, edibles totaling no more than 500 mg of THC, and five grams of cannabis concentrate products. Out of state visitors can purchase half of those amounts.
• Can anyone sell marijuana? Only existing medical marijuana growers and dispensaries will be able to sell to adults until new cultivator licenses are approved, and the state won’t begin processing new applications until March 15, with the earliest new approvals coming on May 1, 2020.
• Can I drive after smoking? – No. It is illegal to operate a motor vehicle with any amount of marijuana in your system greater than 5ng/ml. If a police officer suspects that you are under the influence of marijuana, they will get a warrant for chemical testing. A blood test may be performed by a trained professional, and if it reveals that you have more than the legal amount in your system, you can face drugged driving charges. Conviction of a first offense charge for driving under the influence of drugs carries with it a one year loss of your driver’s license, a fine of up to $2,500, up to a year in jail and the completion of a DUI victim impact panel course. Drugged driving will be the biggest issue once marijuana becomes legal because there is no roadside test available like there is for drunk drivers.
• What Happens With My Old Marijuana Arrest Charge? The change allows for people who were convicted of possession of under 30 grams of marijuana prior to legalization to ask the Prison Review Board and Governor Pritzker for a pardon. If the pardon is granted, the Illinois attorney general will move to expunge the crime from a person’s record. If you were convicted of possessing more than 30 grams, you can still petition for expungement or work with a lawyer in your area to see if your record can be expunged. We can help with this process once the law goes into effect.

This change will be new for everybody, but if you have questions leading up to the legalization of marijauna or once the law goes into effect, reach out to Brett Appelman and the team at Appelman Lawyers.