Illinois Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of Illinois. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALIllinois permits the possession and sale of hemp-derived CBD products containing less than 0.3% Delta-9 THC under the Illinois Hemp Farming Act and the Cannabis Regulation and Tax Act. CBD products must be tested and labeled according to state requirements.
Possession
Legal to possess hemp-derived CBD products with less than 0.3% Delta-9 THC.
Sale
Sale is legal with proper licensing and compliance with testing and labeling requirements.
Penalties
N/A
Age Restriction
18+ to purchase hemp-derived CBD products.
Delta-8 THC
RESTRICTEDIllinois allows hemp-derived cannabinoids but prohibits Delta-8 THC products that exceed 0.3% delta-9 THC or are not properly licensed. The Illinois Cannabis Regulation and Tax Act regulates THC products, and the state has issued warnings about unregulated Delta-8 products.
Possession
Possession of licensed hemp-derived Delta-8 products under 0.3% delta-9 THC is allowed.
Retail Sale
Sale requires state licensing; unlicensed Delta-8 products are illegal.
Penalties
Unlicensed sale or possession can result in fines or criminal charges under 720 ILCS 550/1 et seq.
Age Restriction
21+
Delta-9 THC Edibles
LEGALHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in Illinois under the 2018 Farm Bill. Illinois is actively working to address the unregulated market for intoxicating hemp products.
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
RESTRICTEDKratom is legal in Illinois. with restrictions. The state prohibits sale to minors under 18 years old per 720 ILCS 570/102.5. Some municipalities may have additional restrictions.
Possession
Legal for adults 18 and over.
Sale
Sale prohibited to persons under 18 years old.
Penalties
Fines and penalties for selling to minors as per Illinois Controlled Substances Act.
Age Restriction
18+ to purchase or possess.
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin mushrooms remain illegal in Illinois; however, in 2021, the city of Chicago decriminalized possession of small amounts of psilocybin mushrooms. Illinois state law (720 ILCS 570/204) still classifies psilocybin as a Schedule I substance, prohibiting possession and sale statewide.
Possession
Illegal statewide; decriminalized in Chicago for small amounts (personal use).
Distribution
Illegal statewide; no local decriminalization for sale.
Penalties
State penalties include felony charges with imprisonment and fines; Chicago local enforcement deprioritizes possession charges.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
LEGALRecreational marijuana is legal for adults 21+ in Illinois. No significant legislative changes since 2023.
Personal Possession
Residents 21+ may possess up to 30 grams of flower, 5 grams of concentrate, and 500 mg of THC in edibles. Non-residents: 15 grams flower, 2.5 grams concentrate. Home cultivation is only allowed for medical patients.
Retail Purchase
Legal through licensed dispensaries. Delivery is permitted. Illinois uses a social equity licensing program.
Penalties
Possessing 30-100 grams is a civil penalty ($200 fine). Over 100 grams is a criminal offense. DUI carries mandatory minimum penalties.
Age Restriction
21+
Salvia
ILLEGALIllinois classifies Salvia divinorum as a Schedule I controlled substance, making possession, manufacture, or delivery a felony offense.
Possession
Illegal; possession is a Class 4 felony offense.
Sale
Illegal; manufacture or delivery is a Class 3 felony.
Penalties
Class 3 felony for manufacturing or delivering; Class 4 felony for possession; enforcement focuses on sales to minors.
Age Restriction
Must be 18 or older to purchase.