Marijuana Laws in Illinois

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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.

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    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
    Possessing_Marijuana
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    • 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

    Selling_Marijuana
    Selling Marijuana – Image powered by Progressillinois.com

    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:

    Growing_and_Manufacturing_Marijuana
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    • 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.

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    Using Marijuana – Image powered by 9606l1dekzg1la0iv1bxdplx.wpengine.netdna-cdn.com

    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

    Illinois_Conditions
    Illinois Conditions – Image powered by Cannabisnursenews.com

    • 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

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      Breaking the Marijuana Laws in Illinois

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      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.

      Jenny Bloom

      Editor-in-Chief at I Love Growing Marijuana

      Jenny is ILGM's unstoppable force when it comes to quality control for all the content on the blog. In the meantime, she manages to write many of the articles herself as well. She's not a lawyer but is well-read on all the latest marijuana legislations, which she always keeps up to date!... [Read full bio]

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