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 possess 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 3 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 2 and 5 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 3 years, a maximum of 7 years, and a fine of $25,000 also applies.
For amounts more than 5000 grams, the prison term is between 4 and 15 years.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 30 g or less* | No Penalty | None | $ 0 |
| 30 – 100 g (first offense)* | Misdemeanor | 1 year | $ 2,500 |
| 30 – 100 g (subsequent offense)* | Felony | 1 – 3 years | $ 25,000 |
| 100 – 500 g | Felony | 1 – 3 years | $ 25,000 |
| 500 – 2000 g | Felony | 2 – 5 years | $ 25,000 |
| 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. | |||
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Sale or 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 6 months and the maximum fine is $1,500. For sale of 2.5 – 10 grams, the maximum jail term is 1 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 1 and 3 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 2 and 5 years, and fines of up to $50,000 are possible.
For between 500 and 2000 grams, the prison term is 3 to 7 years, and the maximum fine is $100,000. For 2000 – 5000 grams, the prison term is between 4 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 6 years applies, the maximum possible prison term is 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 is considered trafficking and carries a minimum sentence of twice the sentence for sale of marijuana.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 2.5 g or less | Misdemeanor | 6 months | $ 1,500 |
| 2.5 – 10 g | Misdemeanor | 1 year | $ 2,500 |
| 10 – 30 g | Felony | 1 – 3 years | $ 25,000 |
| 30 – 500 g | Felony | 2 – 5 years | $ 50,000 |
| 500 – 2000 g | Felony | 3 – 7 years | $ 100,000 |
| 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. | |||
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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 5 plants at any one time.
For non-patients, growing up to 5 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 5 and 20 plants is punishable by 1 to 3 years imprisonment and fines of up to $25,000. For 20 to 50 plants, the potential prison term increases to between 2 and 5 years. Cultivating between 50 and 200 plants is punishable by between 3 and 7 years in prison and fines of $100,000. For cultivating more than 200 plants, the potential prison term is 4 to 15 years and the maximum possible fine is $100,000.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 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 |
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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.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 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. | |||
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Paraphernalia
It is a misdemeanor to possess paraphernalia with more than 10 grams of marijuana. The penalty is up to 1 year in jail and $2,500 in fines.
Selling paraphernalia is a felony subject to between 1 and 3 years in prison and fines of $25,000. Selling to a minor carries an increased penalty; between 2 and 5 years in prison and $25,000 in fines. Selling to a pregnant woman carries even higher penalties; 3 to 7 years in prison and the same maximum $25,000 fine.
However, it should be noted that since marijuana was legalized on January 1 2020, the language specifically relating to marijuana paraphernalia has been removed from the paraphernalia legislation. This could be interpreted that paraphernalia meant to legally be used with recreational marijuana could be considered legal. It’s recommended that you consult with a local lawyer for the specifics of this law.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 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 |
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Miscellaneous
| Forfeiture |
|---|
| Civil Asset Forfeiture – Property is subject to forfeiture. |
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