Recreational marijuana is legal in Illinois, and though driving under the influence is still against the law, can your passenger smoke it?

For some in Illinois, though recreational weed is legal, there's still confusion around when and where you can legally smoke it. According to Illinois law, adults can buy up to 30 grams of cannabis (15 grams for non-Illinois residents) from a licensed dispensary.

While it's legal, you do have restrictions on where exactly you can smoke pot.

You can't smoke weed in public, according to Illinois's cannabis laws, and that also includes in your car.


You may think it's fine to smoke a joint in a car if you're not the one driving. And you'd be wrong.

Davis Law Firm and say that not only can passengers not smoke it, but you can't even be parked and smoke the stuff in Illinois. You could face a Class A Misdemeanor, which carries up to a year in jail, and/or a maximum fine of $2,500. And if you're underage and caught doing it, you could face a driver's license suspension.

The Transportation Rules

Illinois has really specific rules on how to transport pot in a car. Medical or not, it has to be in a sealed, odor-proof, child-resistant container. And it isn't supposed to be accessible to anyone in the car.

Really, the stuff has a super distinct smell and officers know that smell. If you get stopped and the weed isn't in it's odor-proof container, you could risk getting arrested. Which wouldn't be fun.

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