As mentioned in my first grow journal, to simplified a starting point for News Joint Grow Journal, I familiarized myself with Kyle Kushman’s How To Grow Marijuana: A Beginner’s Guide video series on Homegrown Cannabis Co. In this journal entry, I will examine how Illinois laws pertain to News Joint Grow Journal.
As a registered Illinois medical marijuana patient, I’ve given detailed attention to the Cannabis Regulation and Tax Act (Illinois House Bill 1438) and tried to follow the law to a T. May 31, 2019, the Cannabis Regulation and Tax Act legalized and regulated the production, consumption, and sale of cannabis in Illinois. However, the law did not legalize the cultivation of cannabis in the Prairie State.
Below is what the Cannabis Regulation and Tax Act states, under Article 10 and the Personal Use of Cannabis, about cultivating cannabis at home. After each provision, I will examine how News Joint Grow Journal follows Illinois law, despite the many arbitrary and inequitable limitations forced onto medical patients.
Cultivating cannabis for personal use is subject to the following limitations:
(1) An Illinois resident 21 years of age or older who is a registered qualifying patient under the Compassionate Use of Medical Cannabis Pilot Program Act may cultivate cannabis plants, with a limit of 5 plants that are more than 5 inches tall, per household without a cultivation center or craft grower license. In this Section, “resident” means a person who has been domiciled in the State of Illinois for a period of 30 days before cultivation.
I was born, raised, and educated in Illinois and have been a lifetime resident. In addition, it’s safe to say I’m bit older than 21. For News Joint Grow Journal, I am running five different strains for my limit of five plants (more on that in my next journal entry).
(2) Cannabis cultivation must take place in an enclosed, locked space.
I have a locked grow tent inside a locked room inside a locked house.
(3) Adult registered qualifying patients may purchase cannabis seeds from a dispensary for the purpose of home cultivation. Seeds may not be given or sold to any other person.
Now, this is where Illinois legislation has set up Illinois patients to fail. Illinois dispensaries don’t sell cannabis seeds, let alone a variety of seeds for patients to chose from for specific medicinal needs. At least, I have not been able to purchased seeds at the several dispensaries I have visited. So Illinois patients are forced to break the law or act in a gray area because their only “legal” option for purchasing cannabis seeds does not exist. As for the second sentence, it’s difficult to give away dispensary seeds if they don’t exist. More on this patient conundrum in News Joint Grow Journal 4.
(4) Cannabis plants shall not be stored or placed in a location where they are subject to ordinary public view, as defined in this Act. A registered qualifying patient who cultivates cannabis under this Section shall take reasonable precautions to ensure the plants are secure from unauthorized access, including unauthorized access by a person under 21 years of age.
As already mentioned, I have a locked grow tent inside a locked room inside a locked house. My room and tent are locked and secure from all persons other than myself.
5) Cannabis cultivation may occur only on residential property lawfully in possession of the cultivator or with the consent of the person in lawful possession of the property. An owner or lessor of residential property may prohibit the cultivation of cannabis by a lessee.
I am the owner of my home resident and property and have full consent to grow medicine at home.
(7) A dwelling, residence, apartment, condominium unit, enclosed, locked space, or piece of property not divided into multiple dwelling units shall not contain more than 5 plants at any one time.
(8) Cannabis plants may only be tended by registered qualifying patients who reside at the residence, or their authorized agent attending to the residence for brief periods, such as when the qualifying patient is temporarily away from the residence.
Again, I have a locked grow tent inside a locked room inside a locked house for my legal five-plant limit, and I will be the only person tending my plants.
(9) A registered qualifying patient who cultivates more than the allowable number of cannabis plants, or who sells or gives away cannabis plants, cannabis, or cannabis-infused products produced under this Section, is liable for penalties as provided by law, including the Cannabis Control Act, in addition to loss of home cultivation privileges as established by rule.
My medicine definitely will not be for sale or given away! The ironic part of this provision, though, is that elsewhere in the law allows Illinois recreational users to share cannabis they have purchased at dispensaries, but it is illegal for medical a patient to share with another medial patient. It’d be nice if Illinois medical patients could sample one another’s medicine to see if the effects help their aliments, instead of having to spend four months growing a plant that may not bring the relief a patient expects or needs.
The purpose of this journal entry is that I have read and am following Illinois law, despite several arbitrarily and inequitable limits placed on home cultivation. In the next journal entry, I will examine what I have been told was one of the most important steps to a successful first grow: obtaining proper equipment.
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