ILLINOIS, USA — THE QUESTION:
"Is it legal to grow pot in Illinois if you have a landlord?"
THE SOURCES:
- Illinois Cannabis Regulation and Tax Act
- Gwen Daniels, Deputy Director of Illinois Legal Aid Online
THE ANSWER:
Yes, registered medical marijuana patients in the state of Illinois can grow up to 5 marijuana plants at home if they own their residence or the landlord allows the cultivation of cannabis.
WHAT WE FOUND:
The Illinois Cannabis Regulation and Tax Act says only registered medical marijuana patients can cultivate up to 5 marijuana plants at home. The plants cannot be taller than 5 inches and the growing space should be locked, enclosed and hidden from the public.
If you own your residence, Illinois law says registered medical marijuana patients are free to grow their five plants.
Our experts said renting is a different story. Illinois law says a landlord can ban home grows.
Gwen Daniels, Deputy Director of Illinois Legal Aid Online, says if you live in federally subsidized housing, growing marijuana could put your home at risk.
"[Marijuana] is still illegal federally. You cannot use it in federally subsidized units without risking losing your federal subsidy," she said.
Cannabis Regulation and Tax Act: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=35&ActID=3992
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