Illinois Cannabis Grow Laws

What Is the Legal Status of Cannabis Growing in Illinois?

Illinois became one of the early adopters of cannabis legalization, with adult-use cannabis becoming legal in January 2020. However, while recreational cannabis use is permitted for adults 21 and older, home cultivation remains tightly restricted. Unlike some other legal states, Illinois only allows medical cannabis patients to grow their plants. Recreational users are not legally allowed to cultivate cannabis at home under any circumstance.

Who Is Allowed to Grow Cannabis in Illinois?

Only registered medical cannabis patients are legally permitted to grow cannabis at home in Illinois. It's worth noting that caregivers are not allowed to cultivate cannabis for their patients. Many states do allow caregivers to grow for their patients, but Illinois is not one of them. Here is how you qualify for home cultivation. Growers must:

• Be at least 21 years old
• Be registered with the Illinois Department of Public Health's Medical Cannabis Patient Program
• Have an approved medical condition

Once approved, patients can grow their own plants. However, Illinois law does not allow caregivers to grow cannabis on behalf of patients. Recreational users, even those 21 or older, cannot legally grow cannabis. Any unauthorized cultivation is considered illegal and subject to penalties.

How Many Cannabis Plants Can a Patient Grow in Illinois?

Medical patients in Illinois may grow up to five cannabis plants at a time. Here are a few key details to keep in mind:

• The five-plant maximum applies to mature plants that are five inches tall or taller. Seedlings or clones under this height are generally not counted toward the total.
• The limit is per residence, not per patient; keep this in mind. Therefore, if multiple patients reside in the same household, the total number of allowed plants still cannot exceed five. Like many other states, having multiple growers doesn't necessarily mean you can grow more.
• Plants must be for personal medical use only, not for resale or sharing.

Breaking the five-plant rule or growing without authorization can result in fines or criminal charges.

Where Are You Legally Allowed to Grow Cannabis in Illinois?

Medical cannabis cultivation must happen inside the grower’s primary residence. Whether you own or rent, there are significant limitations:

• You must own or lease the property.
• Renters need written permission from the landlord before growing.
• Plants must be grown out of public view, meaning they cannot be visible from streets, sidewalks, or neighboring properties.

Outdoor cultivation is not allowed under Illinois law, even if the yard is fenced or private. The growing area must be indoors.

What Security Rules Apply to Growing Cannabis in Illinois?

Illinois law requires that medical cannabis grows be kept secure and inaccessible to the public. Specific requirements include:

• Plants must be grown in an enclosed, locked space. Like many states, this could be in the form of a grow tent, closet, or spare room with a lock.
• Only the registered patient or their designated caregiver may access the grow area.
• Minors and guests are not allowed to enter the grow space.
• Plants cannot be grown in a way that is visible to the public, even through windows.

These security rules are not just recommendations—they’re required by law. Failing to secure your grow could lead to fines or loss of your medical card.

Can You Grow Cannabis in Federally Subsidized Housing in Illinois?

Unfortunately, even registered medical cannabis patients cannot grow cannabis in federally subsidized housing. This includes Section 8 housing and other properties backed by federal funding.

Why? Because cannabis remains illegal at the federal level. Landlords who accept federal housing funds must follow federal guidelines, which prohibit cannabis possession, use, or cultivation.

Growing cannabis in these properties—even with a medical card—can result in eviction or loss of benefits. Patients in federally subsidized housing must be aware of this risk before attempting to grow.

What Are the Penalties for Illegal Cannabis Cultivation in Illinois?

Cultivating cannabis without a valid medical cannabis registration is considered illegal in Illinois. Penalties vary based on the number of plants involved:

• 1 to 5 plants without a medical card is a civil violation punishable by a fine of up to$200.
• 6 to 20 plants is a Class 4 felony, with potential prison time of 1 to 3 years and fines up to $25,000.
• Possession of 21 to 50 plants is a Class 3 felony, carrying a prison term of 2 to 5 years and fines of up to $25,000.
• More than 50 plants can result in even more severe felony charges and longer prison terms.

Penalties can increase further if law enforcement suspects an intent to distribute, or if cultivation occurs within 1,000 feet of a school or park.

Can Landlords Ban Cannabis Growing in Illinois Rental Properties?

Yes, landlords have the right to prohibit cannabis cultivation in rental units, even if a tenant is a registered medical cannabis patient.

Lease agreements can include language that bans:

• Cannabis possession
• Cannabis use
• Cannabis cultivation

If you are a medical patient and rent your home, it is essential to:

• Check your lease for cannabis-related clauses
• Request written permission from your landlord before setting up a grow
• Consider using a locked cabinet or grow tent to comply with privacy and security laws

Landlords are not required to accommodate medical grows and can evict tenants who violate lease terms.

How Can Medical Growers Stay Compliant with Illinois Laws?

To protect yourself and your grow, follow these best practices:

Maintain an active medical cannabis card and renew it on time.

Grow no more than 5 mature plants taller than 5 inches.

Use an enclosed, locked space that restricts access.

Grow only inside your primary residence, out of public view.

Obtain written permission if you are renting or leasing your space.

Avoid growing up in federally subsidized housing, regardless of your medical status.

What Should You Remember About Cannabis Grow Laws in Illinois?

Illinois offers medical cannabis patients the right to grow—but only under tightly controlled conditions. To recap:

• Only registered medical patients may legally grow
• The limit is 5 mature plants per residence
• Growing must take place indoors, in locked and private areas
• Federally subsidized housing bans cannabis completely
• Landlords can ban cultivation in leases

Understanding and following Illinois grow laws is the key to enjoying your medicine without legal risks. For more tips on compliant growing, visit the BudSites blog and explore our grow tracking tools.

Stay legal. Stay secure. Stay growing.