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Illinois Marijuana Laws

Possession for Personal Use

Possession of less than 2.5 grams of marijuana is a Class C misdemeanor, punishable by a jail term of up to 30 days.

Possession of between 2.5 – 10 grams of marijuana is a Class B misdemeanor, punishable by up to 6 months imprisonment.

Possession of between 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. For a second or subsequent offense, possession of between 10 – 30 grams of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 3 years, as well as a fine of $25,000.

Possession of between 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 3 years, as well as a fine of $25,000. For a second or subsequent offense, possession of between 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 between 500 – 2,000 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 between 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 7 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 20 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.

Selling or possessing with the intent to sell, between 2.5 – 10 grams of marijuana is a Class A misdemeanor, punishable by a maximum sentence of 1 year in prison.

Selling or possessing with the intent to sell, between 10 – 30 grams of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 3 years, as well as a fine of $25,000.

Selling or possessing with the intent to sell, between 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, and a maximum fine of $50,000.

Selling or possessing with the intent to sell, between 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 7 years, and a maximum fine of $100,000.

Selling or possessing with the intent to sell, between 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 20 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 30 years, and a maximum fine of $200,000.

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.

Cultivation

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

Possessing between 5 – 20 plants is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 3 years, as well as a fine of $25,000.

Possessing between 20 – 50 plants 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.

Possessing between 50 – 200 plants is a Class 2 felony, which is punishable by a minimum jail term of 3 years and a maximum sentence of 7 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 20 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 paraphernalia is a Class A misdemeanor, punishable by up to one year in prison, as well as a minimum fine of $750.

Sale of paraphernalia is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 3 years, as well as a minimum fine of $1,000.

Sale of paraphernalia to a minor is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 5 years, as well as a minimum fine of $1,000.

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 7 years, as well as a minimum fine of $1,000.

All paraphernalia is subject to forfeiture.

OFFENSE PENALTY INCARCERATION MAX FINE

Possession

2.5 g or less misdemeanor 30 days $ 0
2.5 – 10 g misdemeanor 6 mos $ 0
10 – 30 g (first offense) misdemeanor 1 year $ 0
10 – 30 g (subsequent offense) felony 1* – 3 years $ 25,000
30 – 500 g (first offense) felony 1* – 3 years $ 25,000
30 – 500 g (subsequent offense) felony 2* – 5 years $ 25,000
500 – 2000 g felony 2* – 5 years $ 25,000
2000 – 5000 g felony 3* – 7 years $ 25,000
More than 5000 g felony 4* – 20 years $ 25,000

* Mandatory minimum sentence

Sale or Trafficking

2.5 g or less misdemeanor 6 mos $ 0
2.5 – 10 g misdemeanor 1 year $ 0
10 – 30 g felony 1* – 3 years $ 25,000
30 – 500 g felony 2* – 5 years $ 50,000
500 – 2000 g felony 3* – 7 years $ 100,000
2000 – 5000 g felony 4* – 20 years $ 150,000
More than 5000 g felony 6* – 30 years $ 200,000

* Mandatory minimum sentence

Bringing 2500 grams or more of marijuana into the State of Illinois is trafficking and brings a mandatory minimum sentence of twice the minimum sentence as sale of marijuana.

Cultivation

Less than 5 plants misdemeanor 1 year $ 0
5 – 20 plants felony 1* – 3 years $ 25,000
20 – 50 plants felony 2* – 5 years $ 25,000
50 – 200 plants felony 3* – 7 years $ 100,000
More than 200 plants felony 4* – 20 years $ 100,000

* Mandatory minimum sentence

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession of paraphernalia misdemeanor 1 year $ 750
Sale of paraphernalia felony 1* – 3 years $ 1,000
Sale to a minor felony 2* – 5 years $ 1,000
Sale to a pregnant woman felony 3* – 7 years $ 1,000

* Mandatory minimum sentence

Civil Asset Forfeiture

Property is subject to forfeiture.

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