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Illinois Marijuana Laws

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Illinois marijuana law and Illinois marijuana legalization laws are somewhat lenient of those who possess small amounts, but Illinois marijuana penalties can be quite tough on those possessing or selling larger amounts, especially near schools. Every year, over 40,000 people in Illinois are arrested for marijuana-related charges, according to the Department of Justice. Illinois produces about 115 thousand pounds of marijuana a year, with an estimated street value of up to $785 million dollars, according to the DEA.

Medical Marijuana Users 

Illinois currently has no medical marijuana laws.

Non-Medical Users:

Illinois treats all users as non-medical users. There is a decriminalization push for non-violent offenders caught with small amounts in Cook County.

Penalties for Marijuana Use and Possession in Illinois:

Possession of 2.5 grams or less

Misdemeanor

Penalties range from 30 days in jail to a $1,500 fine

Possession of 2.5 to 10 grams

Misdemeanor

Penalties include up to 6 months of jail time and fines up to $1,500

Possession of 10 to 30 grams

Misdemeanor

Penalties include up to 1 year of jail time and fines of up to $2,500

Possession of 30 to 500 grams, first offense

Felony

Penalties include 1-3 years of jail time and fines of up to $25,000

Possession of 30 to 500 grams, subsequent offenses

Felony

Penalties include 2-5 years of jail time and fines of up to $25,000

Possession of 500 to 2000 grams, subsequent offenses

Felony

Penalties include 2-5 years of jail time and fines of up to $25,000

Possession of 2,000 to 5,000 grams

Felony

Penalties include 3-7 years of jail time and fines of up to $25,000

Possession of over 2,000 grams

Felony

Penalties include 2-5 years of jail time and fines of up to $25,000

Penalties for Growing, Selling and Trafficking Marijuana:  

Cultivation:

Less than 5 plants

Misdemeanor

Penalties include up to 1 year of jail time and a $2,500 fine

5 to 20 plants

Felony

Penalties include 1-3 years of jail time and a $25,000 fine

20 to 50 plants

Felony

Penalties include 2-5 years of jail time and a $25,000 fine

50 plants or more

Felony

Penalties include 3-7 years of jail time and a $100,000 fine

 Sale:

Casual delivery without a sale


Same as possession

2.5 grams or less

In a school zone

Misdemeanor

Penalties range from 6 months to 1 year, with fines of $1,500-$2,500

2.5 to 10 grams

 In a school zone

Misdemeanor

Felony

Penalties range from 1-3 years of jail time, with fines of $2,500-$25,000

10 to 30 grams

In a school zone

Felony

Felony

Penalties range from 1-5 years of jail time, with fines of $25,000-$50,000

30 to 500 grams

In a school zone

Felony

Felony

Penalties range from 2-7 years of jail time, with fines of $50,000-$100,000

500 to 2,000 grams

In a school zone

Felony

Felony

Penalties range from 3-15  years of jail time, with fines of $100,000-$200,000

2,000 to 5,000 grams

In a school zone

Felony

Felony

Penalties range from 1-3 years of jail time, with fines of $2,500-$25,000

More than 5,000 grams


Felony


Penalties range from 6-30 years of jail time, with fines of $150,000

Crossing state lines with more than 2,5000 grams for trafficking

Felony

Double penalty

Sale to minor 3 years younger than seller

Felony

Double penalty

Miscellaneous:

A conviction can result in an additional fine of the full street value of the marijuana

Penalties for Driving Under the Influence of Marijuana (DUID)

Illinois has extremely tough ‘zero tolerance per se’ DUID laws. These laws state that a person is guilty of DUID if “within four hours of driving, their blood contains and amount of illicit or recreational drug that is the result of the unlawful use or consumption…” of marijuana. Of course, marijuana can stay in a person’s blood stream fro 4-5 days after use, so this law is very tough on users, and has nothing to do with driving performance.

Legal Help with a Marijuana Offense

Being charged with a marijuana violation in Illinois can be a serious offense, and if you are facing such a charge, you should consult a marijuana lawyer immediately. An experienced marijuana attorney will be able to guide you through the legal process and explore all your legal options Illinois has available to ensure you receive the best judgment possible, be it a plea bargain or even outright dismissal.

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Fighting Marijuana Charges

If you have been charged or convicted of a Marijuana related offense, you should consult your case with a Criminal Defense Lawyer. A lawyer may be able to help fight off or reduce Marijuana offense fines, sentencing, and even jail time. Submit your case details for an evaluation from a Lawyer in your area.


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