Chicago Medical Marijuana Lawyer
What is the Illinois Medical Marijuana Law?
Illinois' medical marijuana law is officially titled "The Compassionate
Use of Medical Cannabis Pilot Program Act" and is listed under 410
ILCS 130/1. The law allows qualified cultivation centers to grow marijuana,
qualified dispensaries to sell marijuana, and qualified patients and caregivers
to use marijuana. Those interested in legally growing, selling, or using
marijuana must strictly comply with all aspects of Illinois' medical
marijuana law.
How does the Illinois Medical Marijuana Law
Comply with Federal Law?
Medical marijuana is legal in Illinois. However, federal law makes it is
a crime under 21 U.S.C. § 841(a)(1) and § 846 to manufacture,
distribute, or dispense a controlled substance – including marijuana
– or to conspire to do so.
So what does this mean for those in Illinois who are interested in participating
in the blossoming medical marijuana market? It's complicated. Under
the Obama administration, the U.S. Department of Justice (DOJ) issued
an official memorandum stating it would not interfere with states'
medical marijuana laws, provided the states regulate and control their
medical marijuana markets. The DOJ's memo provided much-needed guidance
and protection for those wishing to buy, sell, or grow medical marijuana.
Unfortunately, the current administration has a different view. In January
2018, the DOJ rescinded its previous memo, stating that general principles
of federal prosecution are sufficient to guide federal prosecutors when
deciding whom to charge. The DOJ's current position is likely
intended to destabilize the market by increasing uncertainty,
ambiguity, and risk.
Fortunately, Illinois' regulatory system is one of the strongest and
most tightly regulated in the country. Accordingly, while the regulatory
restrictions in Illinois are significant, Illinois' protection from
federal encroachment should remain equally robust.
Helping You Comply with both the
Illinois Medical Marijuana Law and Federal Law
Those wishing to legally grow, sell, or use medical marijuana in Illinois
need legal advice to navigate the law's comprehensive statutory and
regulatory structure. Attorney Thomas Hallock can assist medical marijuana
clients every step of the way, including applying to the Illinois Department
of Agriculture (for cultivators), the Illinois Department of Financial
and Professional Regulation (for dispensaries), and the Illinois Department
of Public Health (for patients and caregivers).
Contact Thomas C. Hallock if you need a skilled and committed medical marijuana
attorney in Chicago.
Call Hallock Law today at (888) 412-3741 to schedule your
complimentary evaluation.