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Illinois Marijuana Laws

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Penalty Details

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.

See

  • 720 ILCS 550/4 

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.

See

  • 720 Illinois Comp. Stat. 550/1 – /19 
  • 730 Illinois Comp. Stat. 5/5-4.5-25 – 70

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.

See

  • 720 Illinois Comp. Stat. 550/1 – /19 
  • 730 Illinois Comp. Stat. 5/5-4.5-25 – 70

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.

See

  • 720 Illinois Comp. Stat. 550/5.2 
  • 730 Illinois Comp. Stat. 5/5-4.5-25 – 70 

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.

See

  • 720 Illinois Comp. Stat. 550/7 

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”.

See

  • 720 Illinois Comp. Stat. 550/5.1 

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.

See

  • 720 Illinois Comp. Stat. 550/8
  • 730 Illinois Comp. Stat. 5/5-4.5-25 – 70 

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.

See

  • 720 Illinois Comp. Stat. 550/3(a) 
  • People v. Hopkins, 276 N.E.2d 413 (Ill. Ct. App. 1971). 

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.

See

  • 720 Illinois Comp. Stat. 600/1 – /6 
  • 730 Illinois Comp. Stat. 5/5-4.5-25 – 70 

Miscellaneous

Property forfeiture in IL is governed by:

See

  • 725 Illinois Comp. Stat. 150/1 – 150/14 
  • 720 Illinois Comp. Stat. 5/37
  • 720 Illinois Comp. Stat. 5/36.5-5 
  • 720 Illinois Comp. Stat. 5/36-1 
CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

DECRIMINALIZATION

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold.

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. 

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. 

Illinois Drugged Driving

In Illinois, a person is guilty of DUI if he or she drives under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving, OR if there is any amount of a drug, substance, or compound (excluding THC below 5ng/ml) in the person’s breath, blood, or urine resulting from the unlawful use or consumption of cannabis. 625 Ill. Comp. Stat. Ann. § 5/11-501(a) (West 2010).

(1) Driving under the influence of any drug or intoxicating compound

It is unlawful for a person to drive or operate a motor vehicle in Illinois if the person is under the influence of any drug or intoxicating compound to a degree that renders the person incapable of safely driving. Id.§§ 5/11-501(a)(3)-(4).

Affirmative Defense

The fact that the driver is or has been legally entitled to use a drug or intoxicating compound shall not constitute a defense. Id. §§ 5/11-501(b).

(2) Operating a motor vehicle while there is any amount of a drug in the person’s body (per se law)

It is unlawful person to operate a motor vehicle while there is any amount of a drug in the person’s breath, blood or urine. Id. §§ 5/11-501(a)(6).

NOTE: Actual impairment is not an element of this offense. Cannabis metabolites can be detected in a person’s body up to one month after use, thus it is possible to be convicted of this offense weeks after a person last ingested cannabis.

Affirmative Defense

The fact that the driver is or has been legally entitled to use a drug or intoxicating compound shall not constitute a defense. Id. § 5/11-501(b).

Implied Consent

  • Any person who drives or is in actual physical control of a motor vehicle upon the public highways of Illinois shall be deemed to have given consent to a chemical test or tests of blood, breath, or urine for the purpose of determining the content of alcohol, drug, or intoxicating compound in the person’s blood. Id. § 5/11-501.1(a). The officer shall choose which test(s) shall be administered. Id.
  • Refusal to submit to a chemical test will have their driver’s license revoked and suspended. Id. § 5/11-501.6.
  • If a person under arrest refuses to submit to a chemical test evidence of refusal shall be admissible in any civil or criminal action or proceeding arising out the incident. Id. § 5/11-501.2(c)(1).

Penalties

  • First Offense – one (1) year loss of drivers license; possible imprisonment of one year; maximum fine of $2,500; DUI victim impact panel required. Id. § 5/11-501(c)(1).
  • Second Offense – fine of up to $2,500; minimum 5 year loss of drivers license; mandatory 5 days in jail or 30 community service days (if second offense was within a 5 year time frame); mandatory substance evaluation and treatment; possible imprisonment of up to one (1) year. Id. § 5/11-501(c)(2).
  • Third and Subsequent Offense Class 4 felony – 6 year loss of driving privileges; possible imprisonment for up to 3 years; fine of up to a $10,000; mandatory alcohol/drug treatment. Id. § 5/11-501(d).

Other Penalties & Penalty Enhancers

  • Driving with a passenger under 16 in the vehicle or in a school zone enhances penalties. Id. §§ 5/11-501(c)(3), (d)(1)(E).
  • Causing great bodily harm or permanent disability or disfigurement to another enhances penalties. Id. § 5/11-501(d)(1)(C).
  • DUI while the person knew or should have known that the vehicle was not covered by a liability insurance policy enhances penalty. Id. § 5/11-501 (d)(1)(I).

Sobriety Checkpoints

Illinois allows law enforcement officials to conduct roadblocks under the Federal Constitution.

  • If motorist acts to avoid a roadblock, such action may constitute reasonable suspicion justifying a stop. For example, if the driver fails to stop at the checkpoint, or the vehicle avoids the roadblock in a suspicious manner. However, law enforcement officials do not have the authority to stop all vehicles that seek to avoid a roadblock, particularly those that do so in a legal, and non-suspicious manner. People v. Scott, 660 N.E.2d 555 (1996).

Case Law

People v. Allen, 873 N.E.2d 30 (2007) – Where Arresting officer claimed defendant had breath which smelled like burnt cannabis, but stated it was impossible to tell whether defendant had any amount of cannabis in his breath or blood, and only other evidence was the admission that driver had smoked cannabis the night before, evidence was not sufficient to convict. Statute does not criminalize having breath that smelled like burnt cannabis. State needed some evidence that defendant had at least some cannabis in his breath, urine, or blood.

People v. Workman, 312 Ill. App.3d 305 (2000) – Officer’s opinion as to whether a person is under the influence of drugs is circumstantial evidence that may be considered sufficient provided officer’s relevant skills, experience, or training.

People v. Bitterman, 492 N.E.2d 582 (1986) –Influence of a drug or drugs is essential element of charge of driving under the combined influence of alcohol and drugs.

People v. Briseno, 799 N.E.2d 359 (2003) — Evidence is sufficient to support conviction for DUI of cannabis if police officer detected odor of cannabis on defendant’s breath and in defendant’s car, and defendant admitted smoking cannabis before operating his motor vehicle.

People v. Shelton, 708 N.E.2d 815 (1999) – In order for police officer’s opinion testimony regarding drug impairment to be admissible, the officer must have more than “limited training” in detecting drug use.

Per Se Drugged Driving Laws

Illinois has per se drugged driving law enacted for the presence of THC in blood above 5ng/ml. The law states:

  • If there was a tetrahydrocannabinol concentration of 5 nanograms or more in whole blood or 10 nanograms or more in an other bodily substance as defined in this Section, it shall be presumed that the person was under the influence of cannabis.
  • If there was at that time a tetrahydrocannabinol concentration of less than 5 nanograms in whole blood or less than 10 nanograms in an other bodily substance, such facts shall not give rise to any presumption that the person was or was not under the influence of cannabis, but such fact may be considered with other competent evidence in determining whether the person was under the influence of cannabis.

Illinois Hemp Law

Year Passed: 2014
Summary: The Cannabis Control Act establishes a hemp pilot program, allowing institutions of higher education and the Department of Agriculture to grow or cultivate industrial hemp for agricultural and academic research. This pilot program studies “the growth, cultivation, or marketing of industrial hemp.” Before conducting research, the Department of Agriculture and local law enforcement must be informed in writing.  Any site used to grow or cultivate industrial hemp must be registered with the Department of Agriculture. Institutions of higher education must provide quarterly and annual reports to the Department of Agriculture and are subject to inspection. The annual report is due on or before October 1. Further, the Department of Agriculture can adopt rules to comply with federal rules or to adopt emergency rules deemed necessary to public interest safety and welfare.
Statute: 720 Ill. Comp. Stat. 550/ 15.2 (2014)

Illinois Medical Marijuana Law

Status

 

Operational

Law Signed:

 2013

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 syndromeEffective 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.

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