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Illinois Marijuana Laws
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.
