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Cannabis Legalization: Why Legal Doesn't Actually Mean Legal

22 Feb, 2025
Cannabis Legalization: Why Legal Doesn't Actually Mean Legal

Cannabis Legalization: Why Legal Doesn't Actually Mean Legal

Cannabis legalization has been a major talking point in the United States for years, with many celebrating the progress made in states that have decriminalized or fully legalized its use. However, the reality of cannabis legalization is far from the perception that it is now freely accessible like alcohol. The truth is, legal doesn't actually mean legal in the way most people assume. While cannabis may be sold and consumed in certain states, strict possession limits, purchase restrictions, and regulatory hurdles keep it far from being treated like other legal substances—especially alcohol. In this article I will be frequently using legal cannabis in Illinois as an example as it is the state I live in.

The Illusion of Legalization

One of the biggest misconceptions about cannabis legalization is that it allows for unrestricted access, much like alcohol. This couldn’t be further from the truth. Most legal states have caps on how much cannabis an individual can possess at any given time, strict regulations on how and where it can be purchased, and heavy penalties for exceeding legal limits. Meanwhile, alcohol remains widely available with almost no such restrictions.

For example, in Illinois—a so-called "legal" state—adults over 21 can legally possess only:

  • 30 grams (about one ounce) of cannabis flower if they are an Illinois resident.
  • 5 grams of cannabis concentrate (such as wax or shatter).
  • 500 milligrams of THC in cannabis-infused products (like edibles or tinctures).
  • Non-residents of Illinois can possess even less—only half these amounts.

These restrictions are a stark contrast to alcohol laws, where you can walk into a liquor store and buy as many cases of beer, bottles of vodka, or kegs as you can afford without anyone batting an eye. There are no personal possession limits for alcohol, yet cannabis users are often treated like criminals if they go over a relatively small amount.

The Alcohol Comparison: A Double Standard

If we compare cannabis laws to alcohol laws, the disparity is clear. Alcohol is a drug that is not only highly addictive but also linked to numerous public health crises, including DUIs, domestic violence, and alcohol poisoning. Despite this, alcohol remains widely available in every state, with no personal possession limits.

  • You can legally buy unlimited gallons of vodka, whiskey, or tequila in one trip to the store.
  • You can stockpile as much alcohol as you want in your home.
  • There are no legal consequences for carrying more than a certain amount of alcohol in your car (as long as it remains unopened while driving).

Now compare that to cannabis:

  • If you purchase more than the legal limit at a dispensary, you’re breaking the law.
  • If you grow more than the allowed number of plants at home, you could face legal penalties.
  • If you carry more than 30 grams in Illinois, you could still face fines or criminal charges—even though it's "legal."

This begs the question: if cannabis is legal, why are there so many arbitrary restrictions that don’t apply to other substances?

The Dispensary Dilemma: Buying Cannabis vs. Buying Alcohol

Another frustrating reality for cannabis consumers is how dispensaries operate compared to liquor stores.

Walking into a liquor store, you can grab as many bottles of alcohol as you want, carry them to the counter, and pay with cash, credit, or debit—no questions asked. No one is tracking how much you purchase.

Now, visit a dispensary, and you’ll notice a completely different experience:

  • ID scanning and tracking – Every legal purchase is monitored, and dispensaries will track how much you’ve bought to ensure you don’t exceed the daily or monthly limits.
  • Cash-only transactions – Due to federal banking restrictions, Some dispensaries only accept cash or debit transactions through third-party services, making purchasing inconvenient.
  • Strict purchase limits – You can only buy a certain amount per transaction. If you try to buy more than your legal limit, you’ll be turned away or even flagged in the system.
  • Higher taxes and prices – Cannabis is heavily taxed compared to alcohol, making it significantly more expensive in legal markets. In Illinois, for example, cannabis flower with more than 35% THC is taxed at 25%, while infused products are taxed at 20%, and flower under 35% THC is taxed at 10%. This does not include local taxes, which can push the total even higher.

Imagine if every liquor store required you to scan your ID, tracked your purchases, and imposed a cap on how much alcohol you could buy per month. It would be unthinkable, yet this is the reality of legal cannabis.

Possession Limits and Criminalization in a "Legal" System

Despite legalization, exceeding possession limits can still land people in serious legal trouble. In Illinois, for instance:

  • Possessing 30-100 grams (just over the legal limit) is a misdemeanor punishable by up to 1 year in jail and a $2,500 fine.
  • Possessing more than 100 grams (a little over 3.5 ounces) is a felony, with penalties increasing based on the amount.
  • Selling without a license remains a felony with harsh penalties, while unlicensed alcohol sales are generally treated as a civil violation or fine.

This means that someone who simply has a few extra ounces of cannabis on them can still face serious legal consequences—despite being in a "legal" state.

The Illusion of Freedom

So why is cannabis treated so differently than alcohol? A few key factors contribute to this:

  1. Federal Prohibition Still Exists – Cannabis remains a Schedule I substance at the federal level, meaning states can only legalize within their own borders, and businesses still face legal risks.
  2. Deep-Rooted Stigma – Decades of anti-cannabis propaganda still influence public perception, leading to stricter regulations and fear-based policies.
  3. Profit-Driven Regulation – Many state governments prioritize tax revenue and corporate control over true legalization, restricting access and keeping prices high to benefit state-licensed operators.

True Legalization: What Needs to Change

If cannabis were truly legal, it would be treated like alcohol:

  • No personal possession limits – Just as you can own as much alcohol as you want, you should be able to own as much cannabis as you choose.
  • No purchase tracking – Buying cannabis should be as simple as buying a bottle of wine, without databases tracking your every purchase.
  • Lower taxes and reasonable regulations – Excessive taxation and red tape make legal cannabis more expensive than it needs to be, driving people to the black market.
  • Interstate commerce and federal reform – Until cannabis is federally legal, state-by-state restrictions will continue to limit true access.

Conclusion

While legalization is a step in the right direction, the reality is that cannabis remains heavily restricted in ways that alcohol never has been since prohibition. Limits on possession, excessive taxes, and purchase tracking make it clear that "legal" doesn’t actually mean free access. Until cannabis is treated like any other legal substance, the fight for real legalization is far from over.