So where can you smoke?

You can consume cannabis in your home, backyard, back porch or on any private residence as long as you are out of public view. If you are a renter, your landlord has the right to establish and enforce their own policies related to cannabis possession and consumption.

As for where you can’t smoke, we put together everything you need to know from the Illinois Cannabis Regulation and Tax Act and the Smoke Free Illinois Act.

Remember, Cannabis is still Federally Illegal

Although medical and recreational cannabis is legal, cannabis is still illegal on the federal level. Its classified as a Schedule I Controlled Substance, so it’s illegal to board a plane, cross state lines, or be on any federal property while in possession of cannabis or cannabis products.

Important: People who live in federally subsidized housing may face eviction for using cannabis or for being present in a residence where cannabis is consumed. Anyone who receives housing vouchers is similarly subject to termination of their benefits for possessing or consuming cannabis.

Here’s where Illinois does NOT allow cannabis consumption

  • On a school bus
  • On the grounds of any preschool or primary or secondary school
  • In any correctional facility
  • In any motor vehicle
  • In a private residence that is used to provide licensed childcare or any social service care
  • In any publicly visible place (front porch, in your car, on the sidewalk)
  • Knowingly in close physical proximity to anyone under 21 who is not a medical cannabis patient
  • While operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat

According to the Smoke Free Illinois Act, prohibitions on smoking and vaping cannabis are subject to the same restrictions as tobacco products.

Here’s where smoking and vaping are prohibited

  • Public places and buildings like offices, elevators, restrooms, theaters, museums, libraries, educational institutions, schools, commercial establishments, enclosed shopping centers and retail stores
  • Restaurants, bars, taverns and gaming facilities
  • Lobbies, reception areas, hallways, meeting rooms, waiting rooms, break rooms and other common-use areas
  • Concert halls, auditoriums, enclosed or partially enclosed sports arenas, bowling alleys, skating rinks, convention facilities, polling places and private clubs
  • Hospitals, health care facilities, health care clinics, childcare, adult care or other similar social service care

Here’s where Illinois prohibits the possession of cannabis, even if you’re not smoking

  • On a school bus, unless permitted for a qualifying patient or caregiver
  • On the grounds of any preschool or primary or secondary school, unless permitted for a qualifying patient or caregiver
  • In any correctional facility
  • In a vehicle, unless the cannabis is in a reasonably secured, sealed container which reasonably inaccessible while the vehicle is moving
  • In any vehicle upon a highway, except in a sealed, odor-proof, child-resistant cannabis container
  • At a private residence that is used to provide licensed childcare or any social service care on the premises

What about private property, companies and universities?

Illinois cannot require individuals, private companies or organizations to follow policies that are in violation of federal law. So, landlords, employers and business establishments reserve their right to establish and enforce their own policies related to cannabis possession and consumption.

Illinois law specifically allows employers to maintain a zero-tolerance policy for cannabis in the workplace. Existing tests for cannabis only indicate the presence and not the amount of THC in the bloodstream. Because testing cannot determine exact THC or impairment levels, employers may be within their legal rights to dismiss an employee for any presence of cannabis by testing.

Colleges or universities that must abide by the Drug-Free Schools and Communities Act Amendments of 1989 may institute their own policies regarding cannabis possession and use.

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