Illinois Laws & Penalties
Possession for Personal Use
Possession of 10 grams of marijuana or less is a Civil Violation, punishable by a fine of $100-$200 and no jail time.
See
720 ILCS 550/4 Web Search
Possession of more than 10 – 30 grams of marijuana is a Class A misdemeanor for a first offense, which is punishable by a jail term of up to 1 year and a max fine of up to 2,500. For a second or subsequent offense, possession of more than 10 – 30 grams of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 6 years, as well as a fine of $25,000.
Possession of more than 30 – 500 grams of marijuana is a Class 4 felony for a first offense, which is punishable by a minimum sentence of 1 year and a maximum sentence of 6 years, as well as a fine of $25,000. For a second or subsequent offense, possession of between more than 30 – 500 grams of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 5 years, as well as a fine of $25,000.
Possession of more than 500 – 2,000 grams of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 10 years, as well as a fine of $25,000.
Possession of more than 2,000 – 5,000 grams of marijuana is a Class 2 felony, punishable by a minimum jail term of 3 years and a maximum sentence of 14 years, as well as a fine of $25,000.
Possession of over 5,000 grams of marijuana is a Class 1 felony, punishable by imprisonment of a minimum of 4 years and a maximum of 30 years, as well as a fine of $25,000.
See
720 Illinois Comp. Stat. 550/1 – /19 Web Search
730 Illinois Comp. Stat. 5/5-4.5-25 – 70 Web Search
Sale
Selling or possessing with the intent to sell, 2.5 grams or less of marijuana is a Class B misdemeanor, punishable by up to 6 months imprisonment and a maximum fine of $1,500.
Selling or possessing with the intent to sell, more than 2.5 – 10 grams of marijuana is a Class A misdemeanor, punishable by a maximum sentence of 1 year in prison and a maximum fine of $2,500.
Selling or possessing with the intent to sell, more than 10 – 30 grams of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 6 years, as well as a maximum fine of $25,000.
Selling or possessing with the intent to sell, more than 30 – 500 grams of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 10 years, and a maximum fine of $50,000.
Selling or possessing with the intent to sell, more than 500 – 2,000 grams of marijuana is a Class 2 felony, punishable by a minimum jail term of 3 years and a maximum sentence of 14 years, and a maximum fine of $100,000.
Selling or possessing with the intent to sell, more than 2,000 – 5,000 grams of marijuana is a Class 1 felony, punishable by imprisonment of a minimum of 4 years and a maximum of 30 years, and a maximum fine of $150,000.
Selling, manufacturing, or possessing with the intent to sell, more than 5,000 grams of marijuana is a Class X felony, punishable by a minimum sentence of 6 years and a maximum sentence of 60 years, and a maximum fine of $200,000.
See
720 Illinois Comp. Stat. 550/1 – /19 Web Search
730 Illinois Comp. Stat. 5/5-4.5-25 – 70 Web Search
Delivery on School grounds
Any person who delivers less than 2.5 grams of cannabis on school grounds is guilty of a Class A misdemeanor punishable by a fine not to exceed $2,500, for each offense, and a term of imprisonment of less than 1 year.
Any person who delivers more than 2.5 – 10 grams of cannabis on school grounds is guilty of a Class 4 felony, the fine for which shall not exceed $25,000 and a term of imprisonment of 1 – 6 years.
Any person who delivers more than 10 – 30 grams of cannabis on school grounds is guilty of a Class 3 felony, the fine for which shall not exceed $50,000 and a term of imprisonment of 2 – 10 years.
Any person who delivers more than 30 – 500 grams of cannabis on school grounds is guilty of a Class 2 felony, the fine for which shall not exceed $100,000 and a term of imprisonment of 3 – 14 years.
Any person who delivers more than 500 – 2000 g on any school grounds is guilty of a Class 1 felony, the fine for which shall not exceed $200,000 and a term of imprisonment of 4 – 30 years.
See
720 Illinois Comp. Stat. 550/5.2 Web Search
730 Illinois Comp. Stat. 5/5-4.5-25 – 70 Web Search
Delivery to a minor
Any person who is at least 18 years of age who delivers cannabis to a person under 18 years of age who is at least 3 years his junior may be sentenced to imprisonment for a term up to twice the maximum term otherwise authorized.
See
720 Illinois Comp. Stat. 550/7 Web Search
Trafficking
Bringing 2,500 grams or more of marijuana into the State of Illinois brings a mandatory minimum sentence of twice the minimum sentence for the sale or manufacture of the same weight of marijuana, a maximum sentence of twice the maximum sentence for the sale of the same weight of marijuana, and a fine equal to the fine for distributing the same weight of marijuana, as listed above under “Sale”.
See
720 Illinois Comp. Stat. 550/5.1 Web Search
Cultivation
Possessing 5 or less marijuana plants is a Class A misdemeanor, punishable by a maximum sentence of 1 year in prison.
Possessing more than 5 – 20 plants is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 6 years, as well as a fine of $25,000.
Possessing more than 20 – 50 plants is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 10 years, as well as a fine of $25,000.
Possessing more than 50 – 200 plants is a Class 2 felony, which is punishable by a minimum jail term of 3 years and a maximum sentence of 14 years, along with a maximum fine of $100,000
Possessing more than 200 marijuana plants is a Class 1 felony, punishable by imprisonment of a minimum of 4 years and a maximum of 30 years, as well as a maximum fine of $100,000.
See
720 Illinois Comp. Stat. 550/8 Web Search
730 Illinois Comp. Stat. 5/5-4.5-25 – 70 Web Search
Hash & Concentrates
Offenses involving Hashish and Marijuana Concentrates are punished to the same extent as those offenses involving plant Cannabis. The Illinois Cannabis Control Act explicitly includes Hashish under the definition of Cannabis in the statute. The statute also includes all derivatives, compounds, and preparations of the plant under the definition of Cannabis, effectively including any other Marijuana Concentrates. There is no reference to any difference in penalties between Hashish or Marijuana Concentrates and plant Cannabis in the statute. Illinois state case law also refers to Hashish as a form of Marijuana.
See
720 Illinois Comp. Stat. 550/3(a) Web Search
People v. Hopkins, 276 N.E.2d 413 (Ill. Ct. App. 1971). Web Search
Paraphernalia
Possession of marijuana paraphernalia in cases where the marijuana possessed was 10 grams or less is a civil violation punishable by a fine between $100-$200.
Possession of paraphernalia in cases where the marijuana possessed was more than 10 grams is a Class A misdemeanor, punishable by up to one year in prison, as well as a minimum fine of $750 and a maximum fine of $2,500.
Sale of paraphernalia is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 6 years, as well as a minimum fine of $1,000and a maximum fine of $25,000.
Sale of paraphernalia to a minor is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 10 years, as well as a minimum fine of $1,000 and a maximum fine of $25,000.
Sale of paraphernalia to an obviously pregnant woman is a Class 2 felony, punishable by a minimum jail term of 3 years and a maximum sentence of 14 years, as well as a minimum fine of $1,000.
All paraphernalia is subject to forfeiture.
See
720 Illinois Comp. Stat. 600/1 – /6 Web Search
730 Illinois Comp. Stat. 5/5-4.5-25 – 70 Web Search
Miscellaneous
Property forfeiture in IL is governed by:
See
725 Illinois Comp. Stat. 150/1 – 150/14 Web Search
720 Illinois Comp. Stat. 5/37 Web Search
720 Illinois Comp. Stat. 5/36.5-5 Web Search
720 Illinois Comp. Stat. 5/36-1 Web Search
CONDITIONAL RELEASE
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.
DECRIMINALIZATION
The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.
DRUGGED DRIVING
This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.
HEMP
This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products.
MANDATORY MINIMUM SENTENCE
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.
MEDICAL MARIJUANA
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.
Illinois Medical Marijuana Law
QUALIFYING CONDITIONS
Alzheimer’s disease
Amyotrophic Lateral Sclerosis (ALS)
Arnold Chiari malformation
Cachexia/wasting syndrome
Cancer
Causalgia
Chronic Inflammatory Demyelinating Polyneuropathy
Complex regional pain syndrome type 2
Crohn’s Disease
Dystonia
Fibromyalgia
Fibrous dysplasia
Glaucoma
Hepatitis C
HIV/AIDS
Hydrocephalus
Hydromyelia
Interstitial Cystitis
Lupus
Multiple Sclerosis
Muscular Dystrophy
Myasthenia Gravis
Myoclonus
Nail patella syndrome
Neurofibromatosis
Parkinson’s disease
Post-traumatic stress
Reflex Sympathetic Dystrophy (RSD)
Rheumatoid Arthritis
Sjogren’s syndrome
Spinal cord disease
Spinocerebellar Ataxia (SCA)
Syringomyelia
Tarlov cysts
Tourette’s syndrome
Traumatic brain injury and post-concussion syndrome
Effective June 30, 2016, physicians are no longer required to explicitly recommend cannabis therapy. Instead, physicians are required to certify that there exists a bona fide doctor-patient relationship and that the patient possesses a qualifying, debilitating medical condition.
PATIENT POSSESSION LIMITS
Two and a half ounces of cannabis per 14-day period
HOME CULTIVATION
No
STATE-LICENSED DISPENSARIES
Yes
STATE-LICENSED DISPENSARIES OPERATIONAL
Yes
CAREGIVERS
Yes, caregivers, who may serve only one patient, are permitted to pick up medicine for very ill, homebound patients and are also subject to possession limit.
ESTIMATED NUMBER OF REGISTERED PATIENTS
21,800
Source: Illinois Department of Public Health
RECIPROCITY
No
CONTACT INFORMATION
Illinois Department of Public Health
Illinois Hemp Law
Year Passed: 2014
Summary: The Cannabis Control Act establishes a hemp pilot program, allowing institutions of higher education and the Department of Agriculture to grow or cultivate industrial hemp for agricultural and academic research. This pilot program studies “the growth, cultivation, or marketing of industrial hemp.” Before conducting research, the Department of Agriculture and local law enforcement must be informed in writing. Any site used to grow or cultivate industrial hemp must be registered with the Department of Agriculture. Institutions of higher education must provide quarterly and annual reports to the Department of Agriculture and are subject to inspection. The annual report is due on or before October 1. Further, the Department of Agriculture can adopt rules to comply with federal rules or to adopt emergency rules deemed necessary to public interest safety and welfare.
Statute: 720 Ill. Comp. Stat. 550/ 15.2 (2014)