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| Marijuana Laws in Illinois | |||
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| POSSESSION | |||
| 2.5 g or less | misdemeanor | 30 days* | $1,500 |
| 2.5 to 10 g | misdemeanor | 6 months* | $1,500 |
| 10 to 30 g | misdemeanor | 1 year* | $2,500 |
| 30 to 500 g (first offense) | felony | 1 - 3 years | $25,000 |
| 30 to 500 g (subsequent offense) | felony | 2 - 5 years | $25,000 |
| 500 to 2,000 g | felony | 2 - 5 years | $25,000 |
| 2,000 to 5,000 g | felony | 3 - 7 years | $25,000 |
| More than 5,000 g | felony | 4 - 15 years | $25,000 |
| *Eligible for 24 month probation with first conviction, dismissal of charges upon completion of probation. | |||
| CULTIVATION | |||
| 5 plants or less | misdemeanor | 1 year* | $2,500 |
| 5 to 20 plants | felony | 1 - 3 years* | $25,000 |
| 20 to 50 plants | felony | 2 - 5 years* | $25,000 |
| More than 50 plants | felony | 3 - 7 years | $100,000 |
| *Eligible for 24 month probation with first conviction, dismissal of charges upon completion of probation. | |||
| SALE OR TRAFFICKING | |||
| 2.5 g or less | misdemeanor | 6 months* | $1,500 |
| 2.5 to 10 g/font> | misdemeanor | 1 year* | $2,500 |
| 10 to 30 g | felony | 1 - 3 years* | $25,000 |
| 30 to 500 g | felony | 2 - 5 years | $50,000 |
| 500 to 2,000 g | felony | 3 - 7 years | $100,000 |
| 2,000 to 5,000 g | felony | 4 - 15 years | $150,000 |
| More than 5,000 g | felony | 6 - 30 years | $200,000 |
| Traffic more than 2,500 g across state lines | felony | double penalty | double penalty |
| Sale to minor 3 years younger than seller | felony | double penalty | double penalty |
| MISCELLANEOUS | |||
| Any conviction can cause additional fine of full street value. | |||
| DETAILS | |||
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Possession of 2.5 grams or less of marijuana is a misdemeanor, punishable by up to 30 days in jail and a fine of up to $1,500. Possession of greater than 2.5 grams is punishable by up to six months in jail and a fine of up to $1,500. Possession of greater than 10 grams is punishable by up to one year in jail and a fine of up to $2,500. All possession of greater than 30 grams is considered a felony. Possession of greater than 30 grams is punishable by 1 - 3 years in prison and a fine of up to $25,000. For a subsequent conviction, the penalty increases to 2 - 5 years in prison and a fine of up to $25,000. For possession of greater than 500 grams, the penalty is 2 - 5 years in prison and a fine of up to $25,000. For possession of greater than 2,000 grams the penalty is 3 - 7 years in prison and a fine of up to $25,000. For any possession of an amount greater than 5,000 grams the penalty is 4 - 15 years in prison and a fine of up to $25,000. The cultivation of no more than five marijuana plants is a misdemeanor, punishable by up to one year in jail and a fine of up to $2,500. Cultivation of more than five plants is a felony, punishable by 1 - 3 years in prison and a fine of up to $25,000. Cultivation of more than 20 plants is punishable by 2 - 5 years in prison and a fine of up to $25,000. The penalty for cultivation of more than 50 plants is 3 - 7 years in prison and a fine of up to $100,000. Casual delivery of marijuana is treated as possession. Manufacture or delivery of 2.5 grams or less is considered a misdemeanor and is punishable by up to six months in jail and a fine of up to $1,500, unless activity occurred in school zone, then up to one year in jail and a fine of up to $2,500. Manufacture or delivery of greater than 2.5 grams is punishable by up to one year in jail and a fine of up to $2,500 (in school zone: 1 - 3 years in prison and a fine of up to $25,000). For manufacture or delivery of greater than 10 grams the penalty is 1 - 3 years in prison and a fine of up to $25,000 (in school zone: 2 - 5 years in prison and a fine of up to $50,000). For manufacture or delivery of more than 30 grams the penalty is 2 - 5 years in prison and a fine of up to $50,000 (in school zone: 3 - 7 years in prison and a fine of up to $100,000). The penalty for manufacture or delivery of greater than 500 grams is 3 - 7 years in prison and a fine of up to $100,000 (in school zone: 4 -15 years in prison and a fine of up to $200,000). The penalty for manufacture or delivery of greater than 2,000 grams is 4 - 15 years in prison and a fine of up to $150,000. Any manufacture or delivery of amounts greater than 5,000 grams is punishable by 6 - 30 years in prison and a fine of up to $200,000. Bringing more than 2,500 grams into the state for manufacture or delivery is considered trafficking and the penalties are doubled. Any sale to a minor at least three years younger than the seller also doubles the penalty and fine. When convicted of a drug-related offense, the court may impose an additional fine of at least the full street value of the marijuana seized. For any first conviction for possession of less than 30 grams, cultivation of any amount or manufacture or delivery of less than fifty plants, the court can defer judgment, place the offender on probation for 24 months and upon successful completion of the probation the court can discharge the proceedings. |
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Hemp: This state has an active hemp industry. 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. For more information see NORML's Industrial Use section. Drugged driving: This state has a zero tolerance per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any 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. For more information, see NORML's Drugged Driving (DUID) report. |
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