Illinois

Mandatory Minimum Sentence
Medical Marijuana
Drugged Driving
Decriminalization
Hemp

Laws, Limits and Penalties

Offense Penalty Incarceration   Max. Fine  
Possession
10 g or less Civil Violation None $ 200
More than 10 - 30 g (first offense) Misdemeanor 1 year $ 2,500
More than 10 - 30 g (subsequent offense) Felony 1* - 6 years $ 25,000
More than 30 - 500 g (first offense) Felony 1* - 6 years $ 25,000
More than 30 - 500 g (subsequent offense) Felony 2* - 10 years $ 25,000
More than 500 - 2000 g Felony 2* - 10 years $ 25,000
More than 2000 - 5000 g Felony 3* - 14 years $ 25,000
More than 5000 g Felony 4* - 30 years $ 25,000
* Mandatory minimum sentence
Sale or Trafficking
2.5 g or less Misdemeanor 6 months $ 1,500
More than 2.5 - 10 g Misdemeanor 1 year $ 2,500
More than 10 - 30 g Felony 1* - 6 years $ 25,000
More than 30 - 500 g Felony 2* - 10 years $ 50,000
More than 500 - 2000 g Felony 3* - 14 years $ 100,000
More than 2000 - 5000 g Felony 4* - 30 years $ 150,000
More than 5000 g Felony 6* - 60 years $ 200,000
* Mandatory minimum sentence
Delivery on school grounds carries increased incarceration and fines
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
5 plants or less Misdemeanor 1 year $ 2,500
More than 5 - 20 plants Felony 1* - 6 years $ 25,000
More than 20 - 50 plants Felony 2* - 10 years $ 25,000
More than 50 - 200 plants Felony 3* - 14 years $ 100,000
More than 200 plants Felony 4* - 30 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 with more than 10 g of marijuana Misdemeanor 1 year $ 2,500
Sale of paraphernalia Felony 1* - 6 years $ 25,000
Sale to a minor Felony 2* - 10 years $ 25,000
Sale to a pregnant woman Felony 3* - 14 years $ 25,000
* Mandatory minimum sentence
Miscellaneous
Civil Asset Forfeiture - Property is subject to forfeiture.

Details

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.

Hemp

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.