The Illinois Criminal Code includes a distinct criminal offense for cannabis delivery at school. As these delivery or manufacturing crimes occur on or near school grounds — and usually in the presence of underage minors — Illinois law applies enhanced penalties. Consequently, it is paramount to understand the boundaries of this criminal offense in Illinois.
What are the Illinois Laws Against Cannabis Delivery at School?
720 ILCS 550/5.2 furnishes the Illinois laws against cannabis delivery at school. There are two elements to this offense in Illinois.
The first element involves the delivery or manufacture of cannabis — or the possession of cannabis with intent to deliver or manufacture — at or on any:
- School grounds;
- Real property comprising any school;
- Conveyances owned, leased, or contracted by a school for students or related activities; or
- Public way within 500 feet of any school.
The second element involves the delivery or manufacture of cannabis — or the possession of cannabis with intent to deliver or manufacture — to occur:
- In the presence of minors under the age of 18;
- During school hours; or
- At times when minors under the age of 18 are reasonably expected to be engaged with school or related activities.
On a related note, there is an exception to Section 5.2. This section does not apply to the grounds of non-operational or non-active schools, whether such closure occurs on a temporary or permanent basis.
How Does Illinois Punish Cannabis Delivery at School?
Section 5.2 also explains the punishment for cannabis delivery at school. Though the precise character of the punishment does fluctuate based on the amount of cannabis at issue. For example, any person who delivers or manufactures:
- Up to 2.5 grams of cannabis at school — Will face Class A misdemeanor charges and a maximum punishment of 12 months in jail and $2,500 in criminal fines;
- Between 2.5 and 10 grams of cannabis at school — Will face Class 4 felony charges and a maximum punishment of three years in prison and $25,000 in criminal fines;
- Between 10 and 30 grams of cannabis at school — Will face Class 3 felony charges and a maximum punishment of five years in prison and $50,000 in criminal fines;
- Between 30 and 500 grams of cannabis at school — Will face Class 2 felony charges and a maximum punishment of seven years in prison and $100,000 in criminal fines; or
- Between 500 and 2,000 grams of cannabis at school — Will face Class 1 felony charges and a maximum punishment of seven years in prison and $200,000 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.