The penalties and fines for possession, distribution, growing, and driving under the influence (DUI) of cannabis span a range from probation to 30 years in prison. When you are charged with any crime relating to cannabis, you should consult an effective trial attorney. If you want to find out on your own what you are faced with, this material should help.
First-Time Offenders
The punishments if you are a first-time offender tend to be more lenient than if you are a reoccurring offender.
For purposes of leniency, you are a first time offender if you plead guilty or are found guilty of possessing, or possessing with the intent to deliver, 30 or less grams of cannabis.
To qualify for leniency you must not have been previously convicted, placed on probation, or placed on court supervision for any offense under the Cannabis Control Act or other law concerning cannabis or other controlled substances.
•If you are a first time offender who is found to knowingly possess less than 30 grams of cannabis the penalty you generally face is "First Offender Probation" for 24 months.
(720 ILCS 550/10)
Possession of Cannabis
If you knowingly possess cannabis or other substances containing cannabis you may be charged with the possession of cannabis. The penalties for possession of cannabis will vary depending on the amount of cannabis you are charged with possessing.
(770 ILCS 550/4)
•If you are found to knowingly possess less than 2.5 grams of cannabis you will generally be charged with a class C misdemeanor (720 ILCS 550/4). The penalty you generally face for a class C misdemeanor is up to 30 days in jail along with fines which are not to exceed $1,500 (730 ILCS 5/5-4.5-65).
•If you are found to knowingly possess more than 2.5 grams but less than 10 grams of cannabis you will generally be charged with a class B misdemeanor (720 ILCS 550/4). The penalty you generally face for a class B misdemeanor is up to six months in jail along with fines which are not to exceed $1,500 (730 ILCS 5/5-4.5-60).
•If you are found to knowingly possess more than 10 grams but less than 30 grams of cannabis you will generally be charged with a class A misdemeanor (720 ILCS 550/4). The penalty you generally face for a class A misdemeanor is less than one year in jail along with fines which are not to exceed $2,500 (730 ILCS 5/5-4.5-55). If you have been previously convicted of a cannabis related offense, and are found to possess more than 10 grams but less than 30 grams of cannabis, you will generally be charged with a class 4 felony. The penalty you generally face for a class 4 felony is one to three years in prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-45).
•If you are found to knowingly possess more than 30 grams, but less than 500 grams you will generally be charged with a class 4 felony (720 ILCS 550/4). The penalty you generally face for this offense is one to three years in prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-45). If you have been previously convicted of a cannabis related offense, and are found to possess more than 30 grams but less than 500 grams, you may be charged with a class 3 felony (720 ILCS 550/4). The penalty you generally face for a class 3 felony is two to five years in prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-40)
•If you are found to knowingly possess more than 500 grams but less than 2,000 grams of cannabis you will generally be charged with a class 3 felony (720 ILCS 550/4). The penalty you generally face for this offense is two to five years in prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-40).
•If you are found to knowingly possess more than 2,000 grams but less than 5,000 grams of cannabis you will generally be charged with a class 2 felony (720 ILCS 550/4). The penalty you generally face for a class 2 felony is three to seven years in prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-35).
•If you are found to knowingly possess 5,000 grams or more of cannabis you will generally be charged with a class 1 felony (720 ILCS 550/4). The penalty you generally face for a class 1 felony is four to fifteen years in prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-30).
* County jail is where people may be held for up to 364 days and prison is where people are held or confined for more than one year.
Manufacture or Delivery of Cannabis
If you are found to manufacture or deliver cannabis, or possess cannabis with the intent to manufacture or deliver you may be charged with the manufacturing or delivery of cannabis. The penalties for this offense will vary depending on the amount of cannabis you are charged with manufacturing or delivering, or possessing with the intent to manufacture or deliver (720 ILCS 550/5).
•If you are found to manufacture or deliver, or possess with the intent to manufacture or deliver less than 2.5 grams of cannabis you may be charged with a class B misdemeanor (720 ILCS 550/5). The penalty you generally face for a class B misdemeanor is up to six months in jail and fines which are not to exceed $1,500 (730 ILCS 5/5-4.5-60).
•If you are found to manufacture or deliver, or possess with the intent to manufacture or deliver more than 2.5 grams but less than 10 grams of cannabis you may be charged with a class A misdemeanor (720ILCS 550/5). The penalty you generally face for a class A misdemeanor is up to one year in jail and fines which are not to exceed $2,500 (730 ILCS 5/5-4.5-55).
•If you are found to manufacture or deliver, or possess with the intent to manufacture or deliver more than 10 grams but less than 30 grams of cannabis you may be charged with a class 4 felony (720 ILCS 550/5). The penalty you generally face for a class 4 felony is one to three years in prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-45).
•If you are found to manufacture or deliver, or possess with the intent to manufacture or deliver more than 30 grams but less than 500 grams of cannabis you may be charged with a class 3 felony (720 ILCS 550/5). The penalty you generally face for a class 3 felony is two to five years in prison along with fines which are not to exceed $50,000 (720 ILCS 550/5) (730 ILCS 5/5-4.5-40).
•If you are found to manufactures or deliver, or possess with the intent to manufacture or deliver more than 500 but less than 2,000 grams of cannabis you may be charged with a class 2 felony (720 ILCS 550/5). The penalty you generally face for a class 2 felony is three to seven years in prison along with fines which are not to exceed $100,000 (720 ILCS 550/5) (730 ILCS 5/5-4.5-35).
• If you are found to manufacture or deliver, or possess with the intent to manufacture or deliver more than 2,000 grams but less than 5,000 grams of cannabis you may be convicted of a class 1 felony (720 ILCS 550/5). The penalty you generally face for a class 1 felony is four to fifteen years in prison along with fines which are not to exceed $150,000 (720 ILCS 550/5) (730 ILCS 5/5-4.5-30).
•If you are found to manufacture or deliver, or posses with the intent to manufacture or deliver 5,000 grams or more of cannabis you may be charged with a class X felony (720 ILCS 550/5). The penalty you generally face when charged with a class X felony is six to thirty years in prison along with fines which are not to exceed $200,000 (720 ILCS 550/5) (730 ILCS 5/5-4.5-25).
* County jail is where people may be held for up to 364 days and prison is where people are held or confined for more than one year.
Possession or Production of Cannabis Sativa Plant
If you possess or produce the cannabis sativa plant you may be charged with possession or production of cannabis sativa plant. The penalty you generally face for possession or production of the cannabis sativa plant may vary depending on the number of plants you are charged with possessing (720 ILCS 550/8).
•If you are found to possess or produce less than five cannabis sativa plants you may be charged with a class A misdemeanor (720 ILCS 550/8). The penalty you generally face when charged with a class A misdemeanor is up to one year in jail and fines which are not to exceed $2,500 (730 ILCS 5/5-4.5-55).
•If you are found to possess or produce more than five cannabis sativa plants but less than 20 plants you may be charged with a class 4 felony (720 ILCS 550/8). The penalty you generally face for a class 4 felony is one to three years in prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-45).
•If you are found to possess or produce more than 20 but less than 50 cannabis sativa plants you may be charged with a class 3 felony (720 ILCS 550/8). The penalty you generally face when charged with a class 3 felony is two to five years in prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-40).
•If you are found to possess or produce more than 50 but less than 200 cannabis sativa plants you may be charged with a class 2 felony (720 ILCS 550/8). The penalty you generally face when charged with a class 2 felony is three to seven years in prison along with fines which are not to exceed $100,000 (720 ILCS 550/8) (730 ILCS 5/5-4.5-35).
•If you are found to possess or produce more than 200 cannabis sativa plants you may be charged with a class 1 felony (720 ILCS 550/8). The penalty you generally face when charged with a class 1 felony is four to fifteen years on prison along with fines which are not to exceed $100,000 (720 ILCS 550/8) (730 ILCS 5/5-4.5-30).
* County jail is where people may be held for up to 364 days and prison is where people are held or confined for more than one year.
Driving While Under the Influence of Cannabis
You may be charged with driving under the influence of intoxicating compounds, drugs, cannabis, or any combination thereof, if it has made you incapable of driving safely. Illinois' DUI statute provides that you shall not drive or be in actual physical control of any vehicle while you are:
•under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that makes you incapable of driving safely;
•under the influence of any other drug or combination of drugs to a degree that makes you incapable of safely driving; or
•under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that makes you incapable of safely driving. (625 ILCS 5/11-501(a)(3), (a)(4), and (a)(5)).
Further, you can be charged with driving under the influence of cannabis if there is any evidence of cannabis in your breath, blood or urine. If that is the charge, impaired driving (unsafe driving) is not required to support the charge. The presence of cannabis in your blood or urine is sufficient even if the person was driving perfectly safely. This is the statute:
•a person shall not drive or be in actual physical control of any vehicle there is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis (625 ILCS 5/11-501(a)(6)).
•For the definition of unlawful use of cannabis, see Possession of Medical Cannabis in a Motor Vehicle below. Just having a medical card for use, especially from another State, will not necessarily exonerate you from having or using cannabis inside of a vehicle.
•The punishments you may face when charged with driving while under the influence of cannabis will depend upon whether or not it is your first time being charged with a driving under the influence offense.
•If you are charged with driving under the influence of cannabis for the first time, you may be charged with a class A misdemeanor. The penalty you generally face for a class A misdemeanor is up to one year in prison (730 ILCS 5/5-4.5-55). Also, a first time offender may be charged with fines up to $2,500 and be placed on court supervision for up to two years (625 ILCS 5/11-501).
•If you are charged with driving while under the influence of cannabis for a second time the penalties are more severe than the penalties for first time offenders. If you are charged with driving while under the influence of cannabis for a second time you may be charged with a class A misdemeanor. The penalty you generally face for a class A misdemeanor is up to one year in jail and fines which are not to exceed $2,500 (730 ILCS 5/5-4.5-55). Also, if you are charged with driving under the influence of cannabis for a second time you will generally face the penalty of a mandatory 5 days in jail or 240 hours of community service. Along with these penalties, you may also be penalized with the revocation of your driving privileges (625 ILCS 5/11-501).
•If you are charged with driving under the influence of cannabis for a third time the penalties are more severe than the penalties for first and second time offenders. If you are charged with driving while under the influence of cannabis you may be charged with a class 2 felony. The penalty you generally face when charged with a class 2 felony is three to seven years in prison (730 ILCS 5/5-4.5-35). When you are charged with driving under the influence of cannabis for a third time, you might also face the penalties of probation of up to 48 months along with mandatory 10 days in jail or 480 community service hours. You may also be fined up to $25,000 (625 ILCS 5/11-501).
* County jail is where people may be held for up to 364 days and prison is where people are held or confined for more than 1 year.
Cannabis Trafficking
If you bring 2,500 grams or more of cannabis into the State with the purpose or intent to manufacture or deliver, you may be charged with cannabis trafficking. If you are charged with cannabis trafficking, you cannot also be charged with possession of cannabis. The penalty you might generally face for cannabis trafficking cna vary depending on the amount of cannabis you are charged with trafficking (720 ILCS 550/5.1).
•The generally faced penalty if you bring more than 2,500 but less than 5,000 grams of cannabis into the State with the purpose or intent to manufacture or deliver, you will generally face the penalty of eight to thirty years in prison along with fines no less than $150,000 and no more than $300,000 (720 ILCS 550/5.1).
•The generally faced penalty if you bring more than 5,000 grams of cannabis into the State with the purpose or intent to manufacture or deliver you will generally face the penalty of 12 to 60 years in prison along with fines no less than $200,000 and no more than $400,000 (720 ILCS 550/5.1).
*County jail is where people may be held for up to 364 days and prison is where people are held or confined for more than one year.
Possession of Cannabis and Other Contraband in a Penal Institution
If you bring cannabis or other contraband into a penal institution, which is a place where persons are confined for punishment, or you possesses cannabis or other contraband in a penal institution you may be charged with possession of cannabis and other contraband in a penal institution (720 ILCS 5/31 A-1.1).
•If you bring cannabis or other contraband into a penal institution or possess cannabis other contraband in a penal institution you may be convicted of a class 3 felony. The penalty you generally face when convicted of a class 3 felony is two to five years prison and fines which are not to exceed $25,000 (730 ILCS 5/5-4.5-50) (730 ILCS 5/5-4.5-40) (720 ILCS 5/31 A-1.1).
*County jail is where people may be held for up to 364 days and prison is where people are held or confined for more than one year.
Possession of Medical Cannabis in a Motor Vehicle
If you are in unlawful possession of medical cannabis in a motor vehicle and are a medical cannabis card holder using cannabis within the passenger area of a car; or a medical cannabis card holder, designated care-giver, or dispensing organization agent, with cannabis in the passenger area of a car without it being sealed in a tamper-evident medical container for cannabis, you may be charged with possession of medical cannabis in a motor vehicle. If you are a medical cannabis cardholder in Illinois you may drive with cannabis in your system as long as you are not impaired. Note, however, that simply having a medical cannabis card is not a defense if you are charged with driving under the influence (625 ILCS 5/11-502.1).
•If you are found guilty of possession of medical cannabis in a motor vehicle you will generally be charged with a class A misdemeanor. The penalty you generally face when charged with a class A misdemeanor is up to one year in jail and fines which are not to exceed $2,500 (730 ILCS 5/5-4.5-55) (625 ILCS 5/11-502.1).
•Other penalties you generally face when charged with possession of medical cannabis in a motor vehicle are the revocation of your medical cannabis card for two years from the end of the imposed sentence and the revocation of your status as a medical care giver, cultivation center agent or dispensing organization agent for two years from the end of the imposed sentence (625 ILCS 5/11-502.1).
*County jail is where people may be held for up to 364 days and prison is where people are held or confined for more than one year.
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