Marijuana Laws in Illinois

Cannabis has been legalized in the State of Illinois. It is now legal to possess and grow small amounts of marijuana for personal use.

Illinois enacted the Cannabis Regulation and Tax Act in 2019. It allows Illinois residents and visitors to possess small amounts of marijuana. They also expanded their medical program, enacted under the Compassionate Use of Medical Cannabis Pilot Program Act in 2013. Patients may now grow up to five plants.

Possessing Marijuana in Illinois

It is legal for Illinois residents aged 21 and older to possess up to 30 grams of marijuana. Visitors may possess up to 15grams. Outside of those limits, the following penalties apply: The following penalties apply when convicted of possessing cannabis for personal use in Illinois:

• Between 30 to 100 grams (first offense) = Misdemeanor: Fine of $2500, up to 1 years’ jail time
• Between 30 to 100 grams (subsequent offense) = Felony: Fine of $25,000 between 1 to 3years’ jail time

• Between 100 to 500 grams = Felony: Fine of $25,000 between 1 to 3years’ jail time
• Between 500 to 2000 grams = Felony: Fine of $25,000 between 2 to 5 years’ jail time
• Between 2,000 to 5,000 grams = Felony: Fine of $25,000 between 3 to 7 years’ jail time
• Over 5,000 grams = Felony: Fine of $25,000 between 4 to 15 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.

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 face the following penalties:

• 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

State registered cannabis patients may grow up to five plants that are at least five inches tall. Those who are not registered patients may result in the following:

• Under 5 plants = Misdemeanor: Fine of $200
• Between 5 to 20 plants = Felony: Fine of $25,000 and mandatory minimum sentence of 1 year, to up to 3 years’ jail time
• Between 20 to 50 plants = Felony: Felony: Fine of $25,000 and mandatory minimum sentence of 2 years, to up to 5 years’ jail time
• Between 50 to 200 plants = Felony: Fine of $100,000 and mandatory minimum sentence of 3 years, to up to 7 years’ jail time
• Over 200 plants = Felony: Fine of $100,000 and mandatory minimum sentence of 4 years, to up to 15 years’ jail time

Medical 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

Selling marijuana in Illinois has mandatory minimum sentencing. This 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.

Marijuana legislation can be complicated, but Jenny Bloom is always up for the task. Although not a lawyer, her experience as a reporter and PR specialist helps her understand legalese – especially when it relates to growing marijuana. A passionate supporter of legalization and home... [read more]