Wednesday, October 28, 2020
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Illinois Marijuana Laws

Marijuana is legal for both medical and adult recreational use in Illinois.  

Illinois Marijuana Attorneys

The following Illinois lawyers are actively involved in the practice of cannabis law:

LAW BREAKDOWN

Illinois has completely legalized the medicinal and recreational use of cannabis. Medical marijuana is permitted for a long list of qualifying conditions, and recreational use is allowed for adults aged 21 or older.

Possession

Illinois’ legalization measure means that Illinois residents are permitted to carry up to 30 grams of marijuana. Non-residents are legally allowed to carry up to 15 grams.

Possessing between 30 and 100 grams is a misdemeanor on a first offense, as is punishable by up to a year imprisonment and a $2,500 fine.

On a subsequent offense, possession of between 30 and 100 grams is a felony and the maximum potential punishment increases to three years in prison and $25,000 in fines. The same punishments apply for anyone found to be in the possession of between 100 and 500 grams.

If the amount possessed is between 500 and 2000 grams, the potential prison sentence is between two and five years, and fines of up to $25,000 are possible. For possession of between 2000 and 5000 grams, there is a mandatory minimum prison term of three years, a maximum of seven years, and a fine of $25,000 also applies.

For amounts more than 5000 grams, the prison term is between four and 15 years.

Sale and Trafficking

Unlicensed sale of cannabis in Illinois is a misdemeanor if the amount is less than 10 grams. For quantities of less than 2.5 grams, the potential jail term is six months and the maximum fine is $1,500. For sale of 2.5 – 10 grams, the maximum jail term is one year and the maximum fine is $2,500.

Selling more than 10 grams is a felony. If the quantity sold is between 10 and 30 grams, the punishment is between one and three years in prison, and the offender faces potential fines of $25,000.

If the amount is between 30 and 500 grams, the prison sentence is between two and five years, and fines of up to $50,000 are possible.

For between 500 and 2000 grams, the prison term is three to seven years, and the fine is $100,000. For 2000 – 5000 grams, the prison term is between four and 15 years, and a maximum fine of $150,000 is possible. If the quantity sold exceeds 5000 grams, a mandatory minimum jail term of six years applies, a maximum possible prison term of 30 years, and fines of up to $200,000 are possible.

If the delivery takes place on school grounds, increased penalties apply. Bringing 2,500 grams of cannabis into the state of Illinois carries a minimum sentence of twice the sentence for sale of marijuana.

Cultivation

Cultivating marijuana in Illinois is not permitted unless the grower is enrolled in the state’s medical marijuana program. Registered patients are allowed to grow up to five plants at any one time.

For non-patients, growing up to five plants is a civil violation punishable by a fine of up to $200. If the number of plants involved is more than 5, the offense is a felony. Growing between five and 20 plants is punishable by one to three years imprisonment and fines of up to $25,000. For 20 to 50 plants, the potential prison term increases to between two and five years. Cultivating between 50 and 200 plants is punishable by between three and seven years in prison and fines of $100,000. For cultivating more than 200 plants, the potential prison term is four to 15 years and the maximum possible fine is $100,000.

Hash and Concentrates

Adults are permitted to possess up to 5 grams of cannabis concentrates in Illinois. For non-residents, the legal limit is 2.5 grams. Penalties of possessing larger amounts are the same as for marijuana flower.

Paraphernalia

It is a misdemeanor to possess paraphernalia with more than 10 grams of marijuana. The penalty is up to one year in jail and $2,500 in fines. Marijuana paraphernalia includes any items designed for use with the cultivation, growing, harvesting, analysis, storage, concealment or use of marijuana.

Selling paraphernalia is a felony subject to between one and three years in prison and fines of $25,000. Selling to a minor carries an increased penalty; between two and five years in prison and $25,000 in fines. Selling to a pregnant woman carries even higher penalties; three to seven years in prison and the same maximum $25,000 fine.

MEDICAL MARIJUANA

Illinois’ medical marijuana legislation was signed into law in 2013, allowing qualifying patients to legally possess and obtain cannabis for medical use. The “Compassionate Use of Medical Cannabis Pilot Program Act” protects registered patients from “arrest, prosecution, or denial or any right or privilege.”

Physicians are no longer required to explicitly recommend cannabis therapy, but instead must simply certify that a doctor-patient relationship exists and that the patient has a qualifying, debilitating medical condition.

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 Disorder (PTDS), Reflex Sympathetic Dystrophy (RSD), Rheumatoid Arthritis, Sjogren’s syndrome, Spinal chord disease, Spinocerebellar Ataxia (SCA), Syringomyelia, Tarlov cysts, Tourette’s syndrome, Traumatic brain injury and post-concussion syndrome

Patient possession limits – Two and a half ounces of marijuana in a 14-day period

Home cultivation – Registered patients may cultivate up to five plants at any one time.

State-licensed dispensaries – Yes

Caregivers – Yes. Caregivers, who may only serve one qualifying patient at a time, are allowed to pick up medicine for ill, homebound patients, and are subject to the same possession limits.

Reciprocity – No

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession

30 g or less* No Penalty None $ 0
More than 30 – 100 g (first offense)* Misdemeanor 1 year $ 2,500
More than 30 – 100 g (subsequent offense)* Felony 1 – 3 years $ 25,000
More than 100 – 500 g Felony 1 – 3 years $ 25,000
More than 500 – 2000 g Felony 2 – 5 years $ 25,000
More than 2000 – 5000 g Felony 3 – 7 years $ 25,000
More than 5000 g Felony 4 – 15 years $ 25,000
* Illinois resident — non-residents may possess up to 15 grams.

Sale or Trafficking

2.5 g or less Misdemeanor 6 months $ 1,500
More than 2.5 – 10 g Misdemeanor 1 year $ 2,500
More than 10 – 30 g Felony 1 – 3 years $ 25,000
More than 30 – 500 g Felony 2 – 5 years $ 50,000
More than 500 – 2000 g Felony 3 – 7 years $ 100,000
More than 2000 – 5000 g Felony 4 – 15 years $ 150,000
More than 5000 g Felony 6** – 30 years $ 200,000
** Mandatory minimum sentence
Delivery on school grounds carries increased incarceration and fines
Bringing 2500 grams or more of marijuana into the State of Illinois is trafficking and brings a mandatory minimum sentence of twice the minimum sentence as sale of marijuana.

Cultivation

5 plants or less for registered medical cannabis patient No penalty None $ 0
5 plants or less for personal use Violation None $ 200
More than 5 – 20 plants Felony 1 – 3 years $ 25,000
More than 20 – 50 plants Felony 2 – 5 years $ 25,000
More than 50 – 200 plants Felony 3 – 7 years $ 100,000
More than 200 plants Felony 4 – 15 years $ 100,000

Hash & Concentrates

5 g or less* No Penalty None $ 0
Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.
* Illinois resident — non-residents may possess up to 2.5 grams.

Paraphernalia

Possession of paraphernalia with more than 10 g of marijuana Misdemeanor 1 year $ 2,500
Sale of paraphernalia Felony 1 – 3 years $ 25,000
Sale to a minor Felony 2 – 5 years $ 25,000
Sale to a pregnant woman Felony 3 – 7 years $ 25,000

Miscellaneous

Civil Asset Forfeiture – Property is subject to forfeiture.