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Illinois: Medical Marijuana Law Overview and State Fines/Penalties

David Bowman

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Possession for Personal Use
Possession of less than 2.5 grams of marijuana is a Class C misdemeanor, punishable by a jail term of up to 30 days.

Possession of between 2.5 - 10 grams of marijuana is a Class B misdemeanor, punishable by up to 6 months imprisonment.

Possession of between 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. For a second or subsequent offense, possession of between 10 - 30 grams of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 3 years, as well as a fine of $25,000.

Possession of between 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 3 years, as well as a fine of $25,000. For a second or subsequent offense, possession of between 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 between 500 - 2,000 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 between 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 7 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 20 years, as well as a fine of $25,000.

Please See:
  • 720 Illinois Comp. Stat. 550/1 - /19
  • 730 Illinois Comp. Stat. 5/5-4.5-30
  • 730 Illinois Comp. Stat. 5/5-4.5-70
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.

Selling or possessing with the intent to sell, between 2.5 - 10 grams of marijuana is a Class A misdemeanor, punishable by a maximum sentence of 1 year in prison.

Selling or possessing with the intent to sell, between 10 - 30 grams of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 3 years, as well as a fine of $25,000.

Selling or possessing with the intent to sell, between 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, and a maximum fine of $50,000.

Selling or possessing with the intent to sell, between 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 7 years, and a maximum fine of $100,000.

Selling or possessing with the intent to sell, between 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 20 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 30 years, and a maximum fine of $200,000.

Please See:
  • 720 Illinois Comp. Stat. 550/1 - /19
  • 730 Illinois Comp. Stat. 5/5-4.5-30
  • 730 Illinois Comp. Stat. 5/5-4.5-70
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.

Please See:
  • 720 Illinois Comp. Stat. 550/1 - /19
  • 730 Illinois Comp. Stat. 5/5-4.5-30
  • 730 Illinois Comp. Stat. 5/5-4.5-70
Cultivation
Possessing 5 or less marijuana plants is a Class A misdemeanor, punishable by a maximum sentence of 1 year in prison.

Possessing between 5 - 20 plants is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 3 years, as well as a fine of $25,000.

Possessing between 20 - 50 plants 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.

Possessing between 50 - 200 plants is a Class 2 felony, which is punishable by a minimum jail term of 3 years and a maximum sentence of 7 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 20 years, as well as a maximum fine of $100,000.

Please See:
  • 720 Illinois Comp. Stat. 550/1 - /19
  • 730 Illinois Comp. Stat. 5/5-4.5-30
  • 730 Illinois Comp. Stat. 5/5-4.5-70
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)
  • People v. Hopkins, 276 N.E.2d 413 (Ill. Ct. App. 1971).
Paraphernalia
Possession of paraphernalia is a Class A misdemeanor, punishable by up to one year in prison, as well as a minimum fine of $750.

Sale of paraphernalia is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 3 years, as well as a minimum fine of $1,000.

Sale of paraphernalia to a minor is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 5 years, as well as a minimum fine of $1,000.

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 7 years, as well as a minimum fine of $1,000.

All paraphernalia is subject to forfeiture.

Please See:
  • 720 Illinois Comp. Stat. 600/1 - /6
  • 730 Illinois Comp. Stat. 5/5-4.5-30
  • 730 Illinois Comp. Stat. 5/5-4.5-70
Miscellaneous
Property forfeiture in IL is governed by:
  • 725 Illinois Comp. Stat. 150/1 - 150/14
  • 720 Illinois Comp. Stat. 5/37
  • 720 Illinois Comp. Stat. 5/36.5-5
  • 720 Illinois Comp. Stat. 5/36-1
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.

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.

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. For more information see NORML's Medical Marijuana section.

Source: NORML: Illinois Laws & Penalties
 
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