| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
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| 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 | 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. | |||
Penalty Details
*An adult Illinois resident may possess up to 30 grams of cannabis flower, five grams of cannabis concentrate and up to 500 milligrams of THC in a cannabis infused product.
*An adult resident of any other state may possess up to 15 grams of cannabis flower, 2.5 grams of cannabis concentrate and up to 250 grams of THC in a cannabis infused product.
* On June 25, 2019, Gov. J.B. Pritzker signed The Cannabis Regulation and Tax Act (HB1438-SFA2) into law. The law took effect on January 1, 2020.
Possession of more than 30 – 100 grams of marijuana is a Class A misdemeanor for a first offense punishable by a maximum sentence of 1 year in prison and a ,maximum fine of $2500. A second or subsequent offense is a Class 4 felony punishable by a minimum sentence of 1 year and a maximum sentence of 3 years as well as a maximum fine of $25,000.
Possession of 100-500 grams is a Class 4 felony punishable by a minimum sentence of 1 year and a maximum sentence of 3 years as well as a maximum 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 5 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 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 15 years, as well as a fine of $25,000.
- 720 Illinois Comp. Stat. 550/1 – /19
- 730 Illinois Comp. Stat. 5/5-4.5-25 – 70
- Illinois HB1438-SFA2
Sale or Trafficking
Selling or possessing with the intent to sell, 2.5 grams or less of marijuana is a misdemeanor, punishable by up to six 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 misdemeanor, punishable by a maximum sentence of one 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 felony, punishable by a minimum sentence of one year and a maximum sentence of three 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 felony, punishable by a minimum sentence of two years and a maximum sentence of five 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 felony, punishable by a minimum jail term of three years and a maximum sentence of seven 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 felony, punishable by imprisonment of a minimum of four years and a maximum of 15 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 felony, punishable by a mandatory minimum sentence of six years and a maximum sentence of 30 years, and a maximum fine of $200,000.
Delivery of cannabis on school grounds carries increased incarceration and fines.
- 720 Illinois Comp. Stat. 550/5(a)-(g)
- 730 Illinois Comp. Stat. 550/5.2
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 twice the fine for distributing the same weight of marijuana.
- 720 Illinois Comp. Stat. 550/5.1
Cultivation
*A registered medical cannabis patient may cultivate up to five plants that are five inches or taller.
*An adult who is not a registered medical cannabis patient that cultivates less than five plants is guilty of a civil violation punishable by a maximum fine of $200.
* On June 25, 2019, Gov. J.B. Pritzker signed The Cannabis Regulation and Tax Act (HB1438-SFA2) into law. The law took effect on January 1, 2020.
Possessing more than five and up to 20 plants is a felony, punishable by a minimum sentence of one year and a maximum sentence of three years, as well as a fine of $25,000.
Possessing more than 20 and up to 50 plants is a felony, punishable by a minimum sentence of two years and a maximum sentence of five years, as well as a fine of $25,000.
Possessing more than 50 and up to 200 plants is a felony, which is punishable by a minimum jail term of three years and a maximum sentence of seven years, along with a maximum fine of $100,000
Possessing more than 200 marijuana plants is a felony, punishable by imprisonment of a minimum of four years and a maximum of 15 years, as well as a maximum fine of $100,000.
- 720 Illinois Comp. Stat. 550/8(a), (b), (c), (d), (e)
- Illinois HB1438-SFA2
Hash & Concentrates
*An adult Illinois resident may possess up to five grams of cannabis concentrate.
*An adult resident of any other state may possess up to 2.5 grams of cannabis concentrate.
* On June 25, 2019, Gov. J.B. Pritzker signed The Cannabis Regulation and Tax Act (HB1438-SFA2) into law. The law took effect on January 1, 2020.
- 720 Illinois Comp. Stat. 550/3(a)
- Illinois HB1438-SFA2 Section 10-10
Paraphernalia
Possession of paraphernalia is 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 felony, punishable by a minimum sentence of one year and a maximum sentence of three years, as well as a minimum fine of $1,000 for each sale and a maximum fine of $25,000.
Sale of paraphernalia to a minor is a felony, punishable by a minimum sentence of two years and a maximum sentence of five 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 felony, punishable by a minimum jail term of three years and a maximum sentence of seven years, as well as a minimum fine of $1,000.
- 720 Illinois Comp. Stat. 600/3.5(a)
- 730 Illinois Comp. Stat. 600/3.5(a), (b)
More Information
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
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. 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. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
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.