ILCS » Chapter 410 · Act 705
Illinois Compiled Statutes

410 ILCS 705/10-35 (2026)

Limitations and penalties

✓ current as of May 2026
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(410 ILCS 705/10-35)
    Sec. 10-35. Limitations and penalties.
    (a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, any of the following conduct:
        (1) undertaking any task under the influence of
    
cannabis when doing so would constitute negligence, professional malpractice, or professional misconduct;
        (2) possessing cannabis:
            (A) in a school bus, unless permitted for a
        
qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
            (B) on the grounds of any preschool or primary or
        
secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
            (C) in any correctional facility;
            (D) in a vehicle not open to the public unless
        
the cannabis is in a reasonably secured, sealed or resealable container and reasonably inaccessible while the vehicle is moving; or
            (E) in a private residence that is used at any
        
time to provide licensed child care or other similar social service care on the premises;
        (3) using cannabis:
            (A) in a school bus, unless permitted for a
        
qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
            (B) on the grounds of any preschool or primary or
        
secondary school, unless permitted for a qualifying patient or caregiver pursuant to the Compassionate Use of Medical Cannabis Program Act;
            (C) in any correctional facility;
            (D) in any motor vehicle;
            (E) in a private residence that is used at any
        
time to provide licensed child care or other similar social service care on the premises;
            (F) in any public place; or
            (G) knowingly in close physical proximity to
        
anyone under 21 years of age who is not a registered medical cannabis patient under the Compassionate Use of Medical Cannabis Program Act;
        (4) smoking cannabis in any place where smoking is
    
prohibited under the Smoke Free Illinois Act;
        (5) operating, navigating, or being in actual
    
physical control of any motor vehicle, aircraft, watercraft, or snowmobile while using or under the influence of cannabis in violation of Section 11-501 or 11-502.1 of the Illinois Vehicle Code, Section 5-16 of the Boat Registration and Safety Act, or Section 5-7 of the Snowmobile Registration and Safety Act;
        (6) facilitating the use of cannabis by any person
    
who is not allowed to use cannabis under this Act or the Compassionate Use of Medical Cannabis Program Act;
        (7) transferring cannabis to any person contrary to
    
this Act or the Compassionate Use of Medical Cannabis Program Act;
        (8) the use of cannabis by a law enforcement officer,
    
corrections officer, probation officer, or firefighter while on duty; nothing in this Act prevents a public employer of law enforcement officers, corrections officers, probation officers, paramedics, or firefighters from prohibiting or taking disciplinary action for the consumption, possession, sales, purchase, or delivery of cannabis or cannabis-infused substances while on or off duty, unless provided for in the employer's policies. However, an employer may not take adverse employment action against an employee based solely on the lawful possession or consumption of cannabis or cannabis-infused substances by members of the employee's household. To the extent that this Section conflicts with any applicable collective bargaining agreement, the provisions of the collective bargaining agreement shall prevail. Further, nothing in this Act shall be construed to limit in any way the right to collectively bargain over the subject matters contained in this Act; or
        (9) the use of cannabis by a person who has a school
    
bus permit or a Commercial Driver's License while on duty.
    As used in this Section, "public place" means any place where a person could reasonably be expected to be observed by others. "Public place" includes all parts of buildings owned in whole or in part, or leased, by the State or a unit of local government. "Public place" includes all areas in a park, recreation area, wildlife area, or playground owned in whole or in part, leased, or managed by the State or a unit of local government. "Public place" does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises.
    (b) Nothing in this Act shall be construed to prevent the arrest or prosecution of a person for reckless driving or driving under the influence of cannabis, operating a watercraft under the influence of cannabis, or operating a snowmobile under the influence of cannabis if probable cause exists.
    (c) Nothing in this Act shall prevent a private business from restricting or prohibiting the use of cannabis on its property, including areas where motor vehicles are parked.
    (d) Nothing in this Act shall require an individual or business entity to violate the provisions of federal law, including colleges or universities that must abide by the Drug-Free Schools and Communities Act Amendments of 1989, that require campuses to be drug free.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-98, eff. 7-15-21.)

    
Notes of Decisions
Cited in 13 cases (13 in the last 5 years), 2023–2026 · leading case: People v. Molina, 2024 IL 129237 (Ill. 2024).
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People v. Molina, 2024 IL 129237 (Ill. 2024). · cites it 2× “See 410 ILCS 705/10-35(a)(2)(D) (West 2020) (requiring cannabis possessed in a vehicle to be in a “reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving”); 625 ILCS 5/11-502.”
People v. Redmond, 2024 IL 129201 (Ill. 2024). “]” 410 ILCS 705/10-35(a)(2)(D) (West 2020). 3 The legislative findings for the Regulation Act include the following: “In the interest of allowing law enforcement to focus on violent and property crimes, generating revenue for education, substance abuse prevention and treatment,…”
People v. Mallery, 2023 IL App (4th) 220528 (Ill. App. Ct. 2023). “)), allowing, among other things, recreational cannabis to be transported in a private vehicle if it ‘is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving’ (410 ILCS 705/10-35(a)(2)(D) (West 2020)).”
In re D.S., 2025 IL App (1st) 241635-U (Ill. App. Ct. 2025). “” 410 ILCS 705/10-35(a)(3)(G) (West 2022). ¶ 41 As detailed above, the evidence established that both respondents used drugs in the home with D.”
People v. Williamson, 2025 IL App (1st) 240351-U (Ill. App. Ct. 2025). · cites it 2× “” 410 ILCS 705/10-35(a)(2)(D) (West 2022). ¶ 55 “The odor of raw cannabis coming from a vehicle being operated on an Illinois highway, alone, is sufficient to provide police officers, who are trained and experienced in distinguishing between burnt and raw cannabis, with probable…”
People v. Redmond, 2024 IL 129201 (Ill. 2024). “]” 410 ILCS 705/10-35(a)(2)(D) (West 2020). 3 The legislative findings for the Regulation Act include the following: “In the interest of allowing law enforcement to focus on violent and property crimes, generating revenue for education, substance abuse prevention and treatment,…”
People v. Woolfolk, 2025 IL App (5th) 230523-U (Ill. App. Ct. 2025). · cites it 2× “” 410 ILCS 705/10-35(a)(2)(D) (West 2022). ¶ 55 “The odor of raw cannabis coming from a vehicle being operated on an Illinois highway, alone, is sufficient to provide police officers, who are trained and experienced in distinguishing between burnt and raw cannabis, with probable…”
People v. Hoskins, 2025 IL App (4th) 240991-U (Ill. App. Ct. 2025). · cites it 2× “Although Illinois law permits an Illinois citizen over 21 to possess up to 30 grams of cannabis, if the cannabis is being transported in a vehicle, it must be stored in an odor-proof container (410 ILCS 705/10-35(a)(2)(D) (West 2022); 625 ILCS 5/11-502.”
People v. Hoskins, 2025 IL App (4th) 240991 (Ill. App. Ct. 2025). · cites it 2× “” 410 ILCS 705/10-35(a)(2)(D) (West 2022). Section 10-35 also states that the Regulation Act “does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for *** (3) using cannabis *** (D) in any motor vehicle *** [or]…”
People v. Love, 2023 IL App (1st) 221597-U (Ill. App. Ct. 2023). “” 410 ILCS 705/10-35(a)(2)(D) (West 2020). The Act does not mention, and the State fails to cite to, any packaging requirements for carrying marijuana on one’s person or backpack in public.”
People v. Knapp, 2024 IL App (3d) 230140-U (Ill. App. Ct. 2024). “However, “if the State can establish that an individual is engaged in conduct described in section 10-35 [of the Cannabis Regulation and Tax Act (410 ILCS 705/10-35 (West 2020)) and section 502.”
In re D.S., 2025 IL App (1st) 241635 (Ill. App. Ct. 2025). “” 410 ILCS 705/10-35(a)(3)(G) (West 2022). ¶ 40 As detailed above, the evidence established that both respondents used drugs in the home with D.”
Show all 13 citing cases →
— 410 ILCS 705/10-35(a)(2)(D) — 9 cases
People v. Molina, 2024 IL 129237 (Ill. 2024). “See 410 ILCS 705/10-35(a)(2)(D) (West 2020) (requiring cannabis possessed in a vehicle to be in a “reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving”); 625 ILCS 5/11-502.”
People v. Redmond, 2024 IL 129201 (Ill. 2024). “]” 410 ILCS 705/10-35(a)(2)(D) (West 2020). 3 The legislative findings for the Regulation Act include the following: “In the interest of allowing law enforcement to focus on violent and property crimes, generating revenue for education, substance abuse prevention and treatment,…”
People v. Mallery, 2023 IL App (4th) 220528 (Ill. App. Ct. 2023). “)), allowing, among other things, recreational cannabis to be transported in a private vehicle if it ‘is in a reasonably secured, sealed container and reasonably inaccessible while the vehicle is moving’ (410 ILCS 705/10-35(a)(2)(D) (West 2020)).”
People v. Williamson, 2025 IL App (1st) 240351-U (Ill. App. Ct. 2025). “” 410 ILCS 705/10-35(a)(2)(D) (West 2022). ¶ 55 “The odor of raw cannabis coming from a vehicle being operated on an Illinois highway, alone, is sufficient to provide police officers, who are trained and experienced in distinguishing between burnt and raw cannabis, with probable…”
People v. Redmond, 2024 IL 129201 (Ill. 2024). “]” 410 ILCS 705/10-35(a)(2)(D) (West 2020). 3 The legislative findings for the Regulation Act include the following: “In the interest of allowing law enforcement to focus on violent and property crimes, generating revenue for education, substance abuse prevention and treatment,…”
— 410 ILCS 705/10-35(a)(3)(D) — 2 cases
People v. Hoskins, 2025 IL App (4th) 240991-U (Ill. App. Ct. 2025). “Although Illinois law permits an Illinois citizen over 21 to possess up to 30 grams of cannabis, if the cannabis is being transported in a vehicle, it must be stored in an odor-proof container (410 ILCS 705/10-35(a)(2)(D) (West 2022); 625 ILCS 5/11-502.”
People v. Hoskins, 2025 IL App (4th) 240991 (Ill. App. Ct. 2025). “” 410 ILCS 705/10-35(a)(2)(D) (West 2022). Section 10-35 also states that the Regulation Act “does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for *** (3) using cannabis *** (D) in any motor vehicle *** [or]…”
— 410 ILCS 705/10-35(a)(3)(G) — 2 cases
In re D.S., 2025 IL App (1st) 241635-U (Ill. App. Ct. 2025). “” 410 ILCS 705/10-35(a)(3)(G) (West 2022). ¶ 41 As detailed above, the evidence established that both respondents used drugs in the home with D.”
In re D.S., 2025 IL App (1st) 241635 (Ill. App. Ct. 2025). “” 410 ILCS 705/10-35(a)(3)(G) (West 2022). ¶ 40 As detailed above, the evidence established that both respondents used drugs in the home with D.”
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