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Illinois Marijuana Laws

Possession for Personal Use
Possession of 10 grams of marijuana or less is a Civil Violation, punishable by a fine of $100-$200 and no jail time.

Possession of more than 10 – 30 grams of marijuana is a Class A misdemeanor for a first offense, which is punishable by a jail term of up to 1 year and a max fine of up to 2,500. For a second or subsequent offense, possession of more than 10 – 30 grams of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 6 years, as well as a fine of $25,000.

Possession of more than 30 – 500 grams of marijuana is a Class 4 felony for a first offense, which is punishable by a minimum sentence of 1 year and a maximum sentence of 6 years, as well as a fine of $25,000. For a second or subsequent offense, possession of between more than 30 – 500 grams of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 5 years, as well as a fine of $25,000.

Possession of more than 500 – 2,000 grams of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 10 years, as well as a fine of $25,000.

Possession of more than 2,000 – 5,000 grams of marijuana is a Class 2 felony, punishable by a minimum jail term of 3 years and a maximum sentence of 14 years, as well as a fine of $25,000.

Possession of over 5,000 grams of marijuana is a Class 1 felony, punishable by imprisonment of a minimum of 4 years and a maximum of 30 years, as well as a fine of $25,000.

Sale
Selling or possessing with the intent to sell, 2.5 grams or less of marijuana is a Class B misdemeanor, punishable by up to 6 months imprisonment and a maximum fine of $1,500.

Selling or possessing with the intent to sell, more than 2.5 – 10 grams of marijuana is a Class A misdemeanor, punishable by a maximum sentence of 1 year in prison and a maximum fine of $2,500.

Selling or possessing with the intent to sell, more than 10 – 30 grams of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 6 years, as well as a maximum fine of $25,000.

Selling or possessing with the intent to sell, more than 30 – 500 grams of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 10 years, and a maximum fine of $50,000.

Selling or possessing with the intent to sell, more than 500 – 2,000 grams of marijuana is a Class 2 felony, punishable by a minimum jail term of 3 years and a maximum sentence of 14 years, and a maximum fine of $100,000.

Selling or possessing with the intent to sell, more than 2,000 – 5,000 grams of marijuana is a Class 1 felony, punishable by imprisonment of a minimum of 4 years and a maximum of 30 years, and a maximum fine of $150,000.

Selling, manufacturing, or possessing with the intent to sell, more than 5,000 grams of marijuana is a Class X felony, punishable by a minimum sentence of 6 years and a maximum sentence of 60 years, and a maximum fine of $200,000.

Delivery on School grounds
Any person who delivers less than 2.5 grams of cannabis on school grounds is guilty of a Class A misdemeanor punishable by a fine not to exceed $2,500, for each offense, and a term of imprisonment of less than 1 year.

Any person who delivers more than 2.5 – 10 grams of cannabis on school grounds is guilty of a Class 4 felony, the fine for which shall not exceed $25,000 and a term of imprisonment of 1 – 6 years.

Any person who delivers more than 10 – 30 grams of cannabis on school grounds is guilty of a Class 3 felony, the fine for which shall not exceed $50,000 and a term of imprisonment of 2 – 10 years.

Any person who delivers more than 30 – 500 grams of cannabis on school grounds is guilty of a Class 2 felony, the fine for which shall not exceed $100,000 and a term of imprisonment of 3 – 14 years.

Any person who delivers more than 500 – 2000 g on any school grounds is guilty of a Class 1 felony, the fine for which shall not exceed $200,000 and a term of imprisonment of 4 – 30 years.

Delivery to a minor
Any person who is at least 18 years of age who delivers cannabis to a person under 18 years of age who is at least 3 years his junior may be sentenced to imprisonment for a term up to twice the maximum term otherwise authorized.

Trafficking
Bringing 2,500 grams or more of marijuana into the State of Illinois brings a mandatory minimum sentence of twice the minimum sentence for the sale or manufacture of the same weight of marijuana, a maximum sentence of twice the maximum sentence for the sale of the same weight of marijuana, and a fine equal to the fine for distributing the same weight of marijuana, as listed above under “Sale”.

Cultivation
Possessing 5 or less marijuana plants is a Class A misdemeanor, punishable by a maximum sentence of 1 year in prison.

Possessing more than 5 – 20 plants is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 6 years, as well as a fine of $25,000.

Possessing more than 20 – 50 plants is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 10 years, as well as a fine of $25,000.

Possessing more than 50 – 200 plants is a Class 2 felony, which is punishable by a minimum jail term of 3 years and a maximum sentence of 14 years, along with a maximum fine of $100,000

Possessing more than 200 marijuana plants is a Class 1 felony, punishable by imprisonment of a minimum of 4 years and a maximum of 30 years, as well as a maximum fine of $100,000.

Hash & Concentrates
Offenses involving Hashish and Marijuana Concentrates are punished to the same extent as those offenses involving plant Cannabis. The Illinois Cannabis Control Act explicitly includes Hashish under the definition of Cannabis in the statute. The statute also includes all derivatives, compounds, and preparations of the plant under the definition of Cannabis, effectively including any other Marijuana Concentrates. There is no reference to any difference in penalties between Hashish or Marijuana Concentrates and plant Cannabis in the statute. Illinois state case law also refers to Hashish as a form of Marijuana.

Paraphernalia
Possession of marijuana paraphernalia in cases where the marijuana possessed was 10 grams or less is a civil violation punishable by a fine between $100-$200.

Possession of paraphernalia in cases where the marijuana possessed was more than 10 grams is a Class A misdemeanor, punishable by up to one year in prison, as well as a minimum fine of $750 and a maximum fine of $2,500.

Sale of paraphernalia is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 6 years, as well as a minimum fine of $1,000and a maximum fine of $25,000.

Sale of paraphernalia to a minor is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 10 years, as well as a minimum fine of $1,000 and a maximum fine of $25,000.

Sale of paraphernalia to an obviously pregnant woman is a Class 2 felony, punishable by a minimum jail term of 3 years and a maximum sentence of 14 years, as well as a minimum fine of $1,000.

All paraphernalia is subject to forfeiture.

Medical Marijuana Laws

QUALIFYING CONDITIONS
Alzheimer’s disease
Amyotrophic Lateral Sclerosis (ALS)
Arnold Chiari malformation
Cachexia/wasting syndrome
Cancer
Causalgia
Chronic Inflammatory Demyelinating Polyneuropathy
Complex regional pain syndrome type 2
Crohn’s Disease
Dystonia
Fibromyalgia
Fibrous dysplasia
Glaucoma
Hepatitis C
HIV/AIDS
Hydrocephalus
Hydromyelia
Interstitial Cystitis
Lupus
Multiple Sclerosis
Muscular Dystrophy
Myasthenia Gravis
Myoclonus
Nail patella syndrome
Neurofibromatosis
Parkinson’s disease
Post-traumatic stress
Reflex Sympathetic Dystrophy (RSD)
Rheumatoid Arthritis
Sjogren’s syndrome
Spinal cord disease
Spinocerebellar Ataxia (SCA)
Syringomyelia
Tarlov cysts
Tourette’s syndrome
Traumatic brain injury and post-concussion syndrome

Effective June 30, 2016, physicians are no longer required to explicitly recommend cannabis therapy. Instead, physicians are required to certify that there exists a bona fide doctor-patient relationship and that the patient possesses a qualifying, debilitating medical condition.

PATIENT POSSESSION LIMITS
Two and a half ounces of cannabis per 14-day period

HOME CULTIVATION
No

STATE-LICENSED DISPENSARIES
Yes

STATE-LICENSED DISPENSARIES OPERATIONAL
Yes

CAREGIVERS
Yes, caregivers, who may serve only one patient, are permitted to pick up medicine for very ill, homebound patients and are also subject to possession limit.

ESTIMATED NUMBER OF REGISTERED PATIENTS
21,800
Source: Illinois Department of Public Health

RECIPROCITY
No