Cannabis and housing law

Cannabis is legal in Illinois. But there are limits on who can buy it and where you can use it. 

Public housing

Cannabis is still illegal under federal law. So you cannot use or possess cannabis at your home if you live in federally-subsidized public housing. You could be evicted or denied housing. This includes past cannabis use or criminal charges. This also includes guests. There is also a ban on all smoking in federally-subsidized public housing.

Private rental housing

Even though cannabis is legal, landlords can ban smoking it in their units. This includes medical cannabis. However, a landlord cannot stop a tenant from using medical cannabis in other ways. If your lease prohibits smoking or other use of cannabis, breaking that rule could lead to an eviction.

You cannot possess or use cannabis in your residence if you are running licensed childcare, foster care, or similar social services there. Condominium association rules can limit smoking cannabis, but not using cannabis in other ways. Rules can prohibit any use of cannabis in public areas. Landlords can always have rules in their lease that are stricter than the association rules.

Growing cannabis at home

You can only grow cannabis if you have a Medical Cannabis Card. You must be 21 years or older. You can grow up to 5 cannabis plants in your home. They must be in a locked room, with no access to anyone under 21. It must be outside of public view and with permission from the owner.

A landlord can ban renters from growing cannabis on the property if the ban is in the lease.

Renters can never grow cannabis in federally-subsidized housing. 

Sources

Cannabis Regulation and Tax Act 410 ILCS 705

Controlled Substances Act 21 U.S. Code 801

Low Income Housing 42 U.S. Code 8