State Laws

Illinois Marijuana Laws

     

Unlike a few other states, the state of Illinois currently does not allow marijuana to be legally used for medical benefits. All those claiming to use marijuana for medical purposes will be arrested and tried like all other marijuana offenses. Cook County currently has a decriminalization push for non-violent offenses while in the possession of marijuana.

Possession
Possession offenses in Illinois are based on the amount an individual possessed upon an arrest. Possessing fewer than two-and-one-half grams is a misdemeanor offense that can earn a fifteen hundred-dollar fine and up to thirty days in jail. Possessing between two-and-one-half and ten grams is a misdemeanor offense that is punishable by a fine of fifteen hundred dollars and no more than six months in jail. All possessions between ten grams and thirty grams are misdemeanor offenses that can earn twenty-five hundred-dollar fines and up to one year in jail.

All other possession offenses are considered felony offenses. A first offense of possessing between thirty and five hundred grams is penalized by one to three years in prison and a twenty-five thousand-dollar fine. A subsequent offense of possessing between thirty and five hundred grams can earn twenty-five thousand dollars in fines and imprisonment between two and five years. Subsequent possession offenses between five hundred and two thousand grams can earn two to five years of imprisonment and a fine of twenty-five thousand dollars.

Possessing between two thousand and five thousand grams is punishable by imprisonment between three and seven years and a twenty-five hundred-dollar fine. Generally all possession offenses of more than two thousand grams can earn a fine of twenty-five thousand dollars and imprisonment terms between two and five years.

Cultivation
Cultivating fewer than five plants is a misdemeanor offense that is penalized by one year in jail and a fine of twenty-five hundred dollars. All other cultivation offenses are felony offenses. Cultivating between five and twenty plants is punishable by one to three years in prison and a twenty-five thousand-dollar fine. All cultivations between twenty and fifty plants can earn a fine of twenty-five thousand dollars and imprisonment between two and five years. Cultivating more than fifty plants is punishable by a one hundred thousand-dollar fine and three to seven years of imprisonment.

Sale
Selling fewer than two-and-one-half grams is a misdemeanor offense that can earn between six months and one year in jail and a fine up to twenty-five hundred dollars. Selling between two-and-one-half grams is also a misdemeanor, unless on school property, and is punishable by one to three years in prison and a fine up to twenty-five thousand dollars.

All other sale offenses are felony offenses. Selling between ten and thirty grams can earn one to five years in prison and a fine up to fifty thousand dollars. Selling between thirty and five hundred grams is penalized by a fine up to one hundred thousand dollars and two to seven years of imprisonment. All sales between five hundred and two thousand dollars can earn three to fifteen years in prison and a fine up to two hundred thousand dollars.

Selling more than five thousand grams can earn a fine of one hundred fifty thousand dollars and incarceration between six and thirty years.

See also:
Illinois Felony
Illinois Gun Laws
Illinois Divorce
Illinois Misdemeanor External link (opens in new window)
Illinois Expungement External link (opens in new window)