The cultivation, trafficking, sale, or possession of marijuana is a crime in Illinois under the state's Controlled Substances Act. But while laws criminalizing cocaine, heroin, and other hard drugs typically result in felony charges, Illinois marijuana laws are much more lax. For instance, possession of less than 2.5 grams of cannabis is a class C misdemeanor, punishable by a fine. The state also allows the use of medical marijuana for eligible patients as part of a pilot program slated to run through 2018.
Marijuana laws are subject to rapid change at present. Although the trend has been toward decriminalization and even full legalization on the state level there is still the possibility of a significant change in legislative attitudes, particularly since marijuana possession, use, cultivation, and sale remain federal crimes.
|Code Section||720 ILCS 570/100, et seq., Uniform Controlled Substances Act; 720 ILCS 550/1, et seq. "Cannabis Control Act"|
|Possession||Under 2.5 g.: Class C misdemeanor; 2.5-10 g.: Class B misdemeanor; 10-30 g.: Class A misdemeanor; 30-500 g: Class 4 felony; 500-2,000 g.: Class 3 felony; 2,000-5,000 g.: class 2 felony; >5,000 g.: class 1 felony; Subsequent offense: 10-30 g.: Class 4 felony; 30-500 g.: Class 3 felony; Producing plants: 1-5: Class A misdemeanor; 5-20: Class 4 felony; 20-50: Class 3 felony; Over 50: Class 2 felony with fine up to $100,000|
|Sale||Under 2.5 g.: Class B misdemeanor; 2.5-10 g.: Class A misdemeanor; 10-30 g.: Class 4 felony; 30-500 g.: Class 3 felony and up to $50,000 fine; 500-2,000 g.: Class 2 felony for which a fine not to exceed $100,000 may be imposed; 2,000-5,000 g.: class 1 felony and up to $150.000; >5,000 g.: class X felony and up to $200,000; Enhanced penalties for sale to person 3 yrs. junior or on school grounds|
|Trafficking||Over 2500 g. is trafficking: penalty is double that of sale|
|Medical||Eligible patients with a doctor's recommendation, after registering with the state, may legally consume medical marijuana (Compassionate Use of Medical Cannabis Pilot Program Act). Individual cultivation is not permitted.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If you would like to learn more about Illinois marijuana laws the following links provide additional information:
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Although attitudes and laws relating to marijuana are increasingly liberal across the country, marijuana can still cause an enormous amount of trouble. A drug conviction could cost you your job, public embarrassment, and even result in a jail or prison sentence. If you have been charged with a marijuana-related offense, it's in your best interests to schedule a free initial review of your case.
Contact a qualified attorney.