Marijuana Laws in Illinois

Cannabis has been slightly decriminalized in the State of Illinois. This means that generally, first-time convictions that involve small amounts possessed for personal use won’t receive a criminal record or time in prison.

Illinois has enacted a Compassionate Use of Medical Cannabis Pilot Program Act in 2013. It allows patients with at least one of the state’s qualifying conditions to buy, possess and use marijuana. They must make all cannabis purchases at a state-licensed dispensary.

Possessing Marijuana in Illinois

The following penalties apply when convicted of possessing cannabis for personal use in Illinois:

• Under 10 grams = Civil violation: Fine between $100 to $200 and no jail time

• Between 10 to 30 grams (first offense) = Misdemeanor: Fine up to $2,500 and up to 1 year jail time

• Between 10 to 30 grams (subsequent offense) = Felony: Fine of $25,000 and mandatory minimum sentence of 1 year, to up to 6 years’ jail time

• Between 30 to 500 grams (first offense) = Felony: Fine of $25,000 and mandatory minimum sentence of 1 year, to up to 6 years’ jail time

• Between 30 to 500 grams (subsequent offense) = Felony: Fine of $25,000 and mandatory minimum sentence of 2 years, to up to 10 years’ jail time

• Between 500 to 2,000 grams = Felony: Fine of $25,000 and mandatory minimum sentence of 2 years, to up to 10 years’ jail time

• Between 2,000 to 5,000 grams = Felony: Fine of $25,000 and mandatory minimum sentence of 3 years, to up to 14 years’ jail time

• Over 5,000 grams = Felony: Fine of $25,000 and mandatory minimum sentence of 4 years, to up to 30 years’ jail time

Hashish & Concentrates

The State of Illinois punishes the possession of concentrates and hashish to the same extent as possessing the marijuana plant itself.

Medical Marijuana

Qualifying patients participating in the Illinois medical marijuana program may possess cannabis. These patients may only possess up to 2 ½ ounces of marijuana per 14-day period.

Selling Marijuana in Illinois

In Illinois, all cannabis sales must take place in a state-licensed dispensary. All other convictions for sales or possession will be punished as follows:

• Under 2 ½ grams with intent to sell = Misdemeanor: Fine up to $1,500 and up to 6 months’ jail time

• Between 2 ½ to 10 grams with intent to sell = Misdemeanor: Fine up to $2,500 and up to 1 year jail time

• Between 10 to 30 grams with intent to sell = Felony: Fine up to $25,000 and mandatory minimum sentence of 1 year, to up to 6 years’ jail time

• Between 30 to 500 grams with intent to sell = Felony: Fine up to $50,000 and mandatory minimum sentence of 2 years, to up to 10 years’ jail time

• Between 500 to 2,000 grams with intent to sell = Felony: Fine up to $100,000 and mandatory minimum sentence of 3 years, to up to 14 years’ jail time

• Between 2,000 to 5,000 grams with intent to sell = Felony: Fine up to $150,000 and mandatory minimum sentence of 4 years, to up to 30 years’ jail time

• More than 5,000 pounds with intent to sell = Felony: Fine up to $200,000 and mandatory minimum sentence of 6 years, to up to 60 years’ jail time

School Grounds

Delivering cannabis on school grounds in Illinois is punishable as follows:

• Under 2 ½ grams = Misdemeanor: Fine up to $2,500 and up to 1 year jail time

• Between 2 ½ to 10 grams = Felony: Fine up to $25,000 and 1 to 6 years’ jail time

• Between 10 to 30 grams = Felony: Fine up to $50,000 and 2 to 10 years’ jail time

• Between 30 to 500 grams = Felony: Fine up to $100,000 and 3 to 14 years’ jail time

• Between 500 to 2,000 grams = Felony: Fine up to $200,000 and 4 to 30 years’ jail time

Prison terms may be doubled for any adult who delivers marijuana to a minor under 18, at least 3 years younger.

In Illinois, bringing more than 2,500 grams into the state comes with a mandatory minimum sentence equal to double the minimum sentence for the manufacture or sale charge of the same weight. The fine will be the same as that of the sale of the same weight of cannabis.

Growing and Manufacturing Marijuana in Illinois

Home cultivation of cannabis is illegal in the State of Illinois. Anyone convicted of growing marijuana will be punished as follows:

• Under 5 plants = Misdemeanor: Fine of $2,500 and up to 1 year prison time

• Between 5 to 20 plants = Felony: Fine of $25,000 and mandatory minimum sentence of 1 year, to up to 6 years’ jail time

• Between 20 to 50 plants = Felony: Felony: Fine of $25,000 and mandatory minimum sentence of 2 years, to up to 10 years’ jail time

• Between 50 to 200 plants = Felony: Fine of $100,000 and mandatory minimum sentence of 3 years, to up to 14 years’ jail time

• Over 200 plants = Felony: Fine of $100,000 and mandatory minimum sentence of 4 years, to up to 30 years’ jail time

Using Marijuana in Illinois

In 2013, the Compassionate Use of Medical Cannabis Pilot Program Act was passed in Illinois. It allows state residents with one or more qualifying conditions to participate in the program. This allows qualifying patients to buy, possess and use cannabis with a physician’s recommendation.

Beginning June 30, 2016, medical cannabis patients no longer need a physician’s recommendation to qualify for the program. Certifying that an actual relationship exists between the qualifying patient and that the qualifying condition actually exists is all that’s needed.

Medical marijuana patients in this state must register their preferred dispensary with the Department of Health. This is the only dispensary from which they may purchase cannabis. The state’s qualifying conditions are as follows:

• Amyotrophic Lateral Sclerosis (ALS)

• Cachexia/wasting syndrome

• Causalgia

• Complex regional pain syndrome type 2

• Dystonia

• Fibrous dysplasia

• Hepatitis C

• Hydrocephalus

• Interstitial Cystitis

• Multiple Sclerosis

• Myasthenia Gravis

• Nail-patella syndrome

• Parkinson’s disease

• Reflex Sympathetic Dystrophy (RSD)

• Sjogren’s syndrome

• Spinocerebellar Ataxia (SCA)

• Tarlov cysts

• Traumatic brain injury and post-concussion syndrome

• Alzheimer’s disease

• Arnold Chiari malformation

• Cancer

• Chronic Inflammatory Demyelinating Polyneuropathy

• Crohn’s Disease

• Fibromyalgia

• Glaucoma

• HIV/AIDS

• Hydromyelia

• Lupus

• Muscular Dystrophy

• Myoclonus

• Neurofibromatosis

• Post-traumatic stress

• Rheumatoid Arthritis

• Spinal cord disease

• Syringomyelia

• Tourette’s syndrome

Breaking the Marijuana Laws in Illinois

Mandatory minimum sentencing means the judge ruling over the case is not allowed to give a defendant any less than the minimum mandatory for the crime. However, a defendant can be sentenced to the maximum for that conviction. Parole will not be allowed until the mandatory minimum time has been served.