Even though Illinois legalized cannabis for recreational use in 2020, there are still instances in which possession of marijuana can be a crime. There are strict rules on the amount of marijuana that is acceptable for lawful possession. As a result, unlawful possession can occur based on the amount of marijuana involved or certain other circumstances.
Lawful Possession of Marijuana
410 ILCS 705/10-10 explains the boundaries of lawful possession of marijuana in Illinois. Under this section, marijuana possession and use is lawful for adults who are at least 21 years old. But there are certain possession limits that apply in this context.
For Illinois residents over 21 years old, it is lawful to possess:
- 30 grams of cannabis flower;
- 5 grams of cannabis concentrate; and
- 500 milligrams of THC in cannabis-infused products.
For out-of-state residents over 21 years old, it is lawful to possess:
- 15 grams of cannabis flower;
- 2.5 grams of cannabis concentrate; and
- 250 milligrams of THC in cannabis-infused products.
Section 10-10 also creates special considerations for qualifying medical marijuana patients who grow their own cannabis plants.
Unlawful Possession of Marijuana
Unlawful possession occurs when a person exceeds the possession limits described above — or otherwise uses or possesses marijuana in violation of Illinois law.
720 ILCS 550/4 establishes the punishment for unlawful possession of marijuana. Under this section, unlawful marijuana possession of:
- Up to 10 grams — Is a civil offense with a penalty of fines between $100 and $200;
- 10 grams to 30 grams — Is a Class B misdemeanor with a potential penalty of six months in county jail and $1,500 in criminal fines;
- 30 grams to 100 grams — Is a Class A misdemeanor with a potential penalty of 364 days in county jail and $2,500 in criminal fines;
- 100 grams to 500 grams — Is a Class 4 felony with a potential penalty of one to three years in prison and $25,000 in criminal fines;
- 500 grams to 2,000 grams — Is a Class 3 felony with a potential penalty of two to five years in prison and $25,000 in criminal fines;
- 2,000 grams to 5,000 grams — Is a Class 2 felony with a potential penalty of three to seven years in prison and $25,000 in criminal fines; or
- Over 5,000 grams — Is a Class 1 felony with a potential penalty of four to 15 years in prison and $25,000 in criminal fines.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.