We hear this question a lot from readers, since there’s so much confusion as to what you can and can’t do with weed legally. Each state operates its own set of laws and regulations, and it’s difficult to stay on top of. Whether we’re talking about possession, amounts you can buy, or how much you can grow, it’s hard to get a clear answer. But the one question we get far more than any of the others, is, can you actually give legal weed away? If so, how do you do it and stay within the law? Here’s how to give pot as a gift in Illinois.
So I can actually do this? It’s not straight up illegal?
No, it’s not illegal, but you need to be aware of the caveats. We’ll provide the link to the State of Illinois’s FAQ about cannabis at the end of this article, but below are the main takeaways.
Ok, so if it’s not illegal, how much pot can I give away?
If you’re a recreational user, you can give up to an ounce and a half of pot to your friends and/or family. This only applies to flower purchased from a licensed dispensary, not to edibles or other forms of marijuana. So, just know that if you want to gift, you’re restricted to flower only when you purchase.
So does that mean I can’t gift edibles?
You can gift edibles as long as you make the edibles yourself, through baked goods, for example. As long as the edibles contain no more than an ounce and a half of cannabis that you purchased yourself, and you’re the one giving the gift, you are ok.
Can I sell it instead of gifting it?
No. Definitely not. You cannot sell cannabis you’ve purchased through an licensed Illinois dispensary. You can only gift it or share it with persons aged 21 and over, in accordance with the above restrictions.
I have a medical use license. Can I give weed as an Illinois medical use patient?
No. As a medical patient, you’re not allowed to gift at all. Gifting is restricted to recreational use users only. You can’t share your weed, nor can you sell it, either.
Wait, so if I’m a medical use patient, I can’t even gift weed that I’ve homegrown myself?
No, you definitely cannot do that. The medical use license is for you and you only. So you cannot gift your homegrown stash.
Not even if I’ve bought the cannabis through my medical use license, at a dispensary?
Nope, not even then.
What about seeds? Can I give those away?
As a medical patient, you can’t give anything away. Not even seeds, clones, or buds. Nothing weed related at all.
So to recap, you can give cannabis as a gift in Illinois as long as you’re a recreational user, the recipient is 21 or over, and you do not receive any payment in exchange. You can’t sell cannabis in ANY form in Illinois regardless of how it’s obtained, even legally. Assuming you meet this criteria, you can bake your legally purchased, recreational use cannabis into baked goods, before giving/gifting. And if you’re medical use, you can’t gift or share anything at all.
If you want to read all of the legalese in its entirely, and get it straight from the State of Illinois, click here.