Even though several U.S. states have legalized marijuana, recreational use remains illegal in Illinois. Outside of limited exceptions for medical use, Illinois law makes it unlawful to possess, manufacture, or distribute marijuana. The Cannabis Control Act (the Act) establishes the Illinois laws and penalties for marijuana, which is referred to legally as cannabis.
Definition of Cannabis
Under 720 ILCS 550/3, the Act provides a specific definition for the term cannabis. Illinois law includes the following compounds and substances in the definition of cannabis:
- Marijuana;
- Hashish; and
- Tetrahydrocannabinol (THC) and other cannabinoids; and
- Other substances derived from the plant Cannabis Sativa.
There is an important exception. The term cannabis does not include industrial hemp or similar fibers. Those materials do not qualify as cannabis under the Act.
Possession of Cannabis
Under 720 ILCS 550/4, the Act makes it unlawful to knowingly possess cannabis in Illinois. For this offense to apply, a person must know — or have a reason to know — that they are in possession of cannabis. The charges and corresponding penalties for possession vary based on the amount of cannabis in question. For example:
- Possession of 10 grams or less is a civil law violation punishable by $100 to $200 in fines;
- Possession of 10 to 30 grams is a Class B misdemeanor;
- Possession of 30 to 100 grams is a Class A misdemeanor;
- Possession of 100 to500 grams is a Class 4 felony;
- Possession of 500 to 2,000 grams is a Class 3 felony;
- Possession of 2,000 to 5,000 grams is a Class 2 felony; and
- Possession of more than 5,000 grams is a Class 1 felony.
Manufacture or Distribution of Cannabis
Under 720 ILCS 550/5, the Act makes it unlawful to knowingly manufacture or distribute cannabis in Illinois. It is also unlawful to knowingly possess cannabis with the intent to manufacture or distribute. The same knowledge requirement from possession carries over to manufacturing and distribution offenses.
Similarly, the charges and criminal penalties for manufacture or distribution differ based on the amount of cannabis in question. For example:
- Manufacture or distribution of 2.5 grams or less is a Class B misdemeanor;
- Manufacture or distribution of 2.5 to 10 grams is a Class A misdemeanor;
- Manufacture or distribution of 10 to 30 grams is a Class 4 felony;
- Manufacture or distribution of 30 to 500 grams is a Class 3 felony with a maximum fine of $50,000;
- Manufacture or distribution of 500 to 2,000 grams is a Class 2 felony with a maximum fine of $100,000;
- Manufacture or distribution of 2,000 to 5,000 grams is a Class 1 felony with a maximum fine of $150,000; and
- Manufacture or distribution of more than 5,000 grams is a Class X felony with a maximum fine of $200,000.
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.
(image courtesy of Esteban Lopez)