Nov 4

Delivery of cannabis on school grounds is an enhanced version of the Illinois laws against cannabis delivery in general. As a reminder, 720 ILCS 550/5 makes it unlawful for any person to deliver or manufacture cannabis outside of lawful exceptions. This section also makes it illegal to possess cannabis with the intent to deliver or manufacture it. 

If a cannabis delivery crime occurs on school grounds, the penalties become more severe. Though as explained in more detail below, specific conditions determine whether or not a delivery crime occurred on school grounds. 

Illinois Laws Against Delivery of Cannabis on School Grounds

The Illinois laws against the delivery of cannabis on school grounds appear at 720 ILCS 550/5.2. There are two elements to this offense.

The first element requires a perpetrator to deliver/manufacture cannabis or possess cannabis with intent to deliver/manufacture:

  • In any school;
  • On the real property comprising any school;
  • On any property owned, leased, or contracted by a school to transport students to school or related activities; or
  • On any public way within 500 feet of any school or property owned, leased, or contracted by a school.

The second element requires a perpetrator to deliver/manufacture cannabis or possess cannabis with intent to deliver/manufacture:

  • In the presence of minor children under the age of 18 years old;
  • During school hours; or
  • At other times when minor children are reasonably expected to be present, such as during after-school activities. 

Illinois Penalties for Delivery of Cannabis on School Grounds

The Illinois penalties for the delivery of cannabis on school grounds appear under Section 5.2. Any person who delivers or attempts to deliver:

  • Up to 2.5 grams of cannabis on school grounds — Will likely face Class A misdemeanor charges, a maximum jail sentence of 12 months, and criminal fines up to $2,500;
  • Between 2.5 and 10 grams of cannabis on school grounds — Will likely face Class 4 felony charges, a prison sentence between one and three years, and criminal fines up to $25,000;
  • Between 10 and 30 grams of cannabis on school grounds — Will likely face Class 3 felony charges, a prison sentence between two and five years, and criminal fines up to $50,000;
  • Between 30 and 500 grams of cannabis on school grounds — Will likely face Class 2 felony charges, a prison sentence between three and seven years, and criminal fines up to $100,000; or
  • Between 500 and 2,000 grams of cannabis on school grounds — Will likely face Class 1 felony charges, a prison sentence between four and 15 years, and criminal fines up to $200,000.

Do You Need Legal Help?

No matter what the criminal offense is, 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.