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Possession of Marijuana

Although possession of marijuana may not seem like a big deal these days, the State of Illinois is one of the harshest in the country when it comes to drug crimes. Depending on the amount of marijuana, the location that you were caught with it, and your prior criminal record, penalties for possession of marijuana can be stiff.

Illinois Penalties-Possession of Marijuana

Under Illinois marijuana laws (720 ILCS 550/4), it is unlawful for any person knowingly to possess cannabis, in any measurable quantity. The penalties for marijuana possession are as follows:

  • Not more than 2.5 grams: Class C misdemeanor (up to 30 days in jail, fines up to $2500)
  • More than 2.5 grams but not more than 10 grams = Class B misdemeanor;
  • More than 10 grams but not more than 30 grams = Class A misdemeanor; (Subsequent offense = Class 4 Felony)
  • More than 30 grams but not more than 500 grams = Class 4 Felony; (Subsequent offense = Class 3 felony)
  • More than 500 grams but not more than 2,000 grams = Class 3 Felony;
  • More than 2,000 grams but not more than 5,000 grams = Class 2 Felony;
  • More than 5,000 grams = Class 1 Felony.

Illinois Penalties Marijuana Distribution/Manufacturing

You can be charged with distribution or intent to distribute any quantity of marijuana. Even if the substance in question was for your personal use, how it is packaged, or the presence of common household items (plastic baggies, ties, a scale) may lead to the more serious charges.

Under Illinois criminal statutes (720 ILCS 550/5), it is unlawful for any person knowingly to manufacture, deliver, or possess with intent to deliver marijuana/cannabis. The penalties for intent to distribute are:

  • Not more than 2.5 grams = Class B Misdemeanor;
  • More than 2.5 grams but not more than 10 grams = Class A Misdemeanor;
  • More than 10 grams but not more than 30 grams = Class 4 Felony;
  • More than 30 grams but not more than 500 grams = Class 3 Felony.
    A fine of up to $50,000 may be imposed;
  • More than 500 grams but not more than 2,000 grams = Class 2 Felony.
    A fine of up to $100,000 may be imposed;
  • More than 2,000 grams but not more than 5,000 grams = Class 1 Felony.
    A fine of up to $150,000 may be imposed;
  • More than 5,000 grams = Class X Felony.
    A fine of up to exceed $200,000 may be imposed.
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