Legal States

Illinois Marijuana Penalties

Offense

Penalty

Incarceration

  Max. Fine  

Possession

2.5 g. or less

Misdemeanor

30 days

N/A

2.5 g. - 10 g.

Misdemeanor

6 months

N/A

10 g. - 30 g. (First offense)

Misdemeanor

1 year

N/A

10 g. - 30 g. (Subsequent offense)    

Felony

1* - 3 years

$ 25,000

30 g. - 500 g. (First offense)

Felony

1* - 3 years

$ 25,000

30 g. - 500 g. (Subsequent offense)  

Felony

2* - 5 years

$ 25,000

500 g. - 2000 g.

Felony

2* - 5 years

$ 25,000

2000 g. - 5000 g.

Felony

3* - 7 years

$ 25,000

More than 5000 g.

Felony

4* - 20 years

$ 25,000

* Mandatory minimum sentence

Sale or Trafficking

2.5 g. or less

Misdemeanor

6 months

N/A

2.5 g. - 10 g.

Misdemeanor  

1 year

N/A

10 g. - 30 g.

Felony

1* - 3 years

$25,000

30 g. - 500 g.

Felony

2* - 5 years

$ 50,000

500 g. - 2000 g.

Felony

3* - 7 years

$100,000

2000 g. - 5000 g.

Felony

4* - 20 years

$150,000

More than 5000 g.

Felony

6* - 30 years

$200,000

* Mandatory minimum sentence

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

Less than 5 plants

Misdemeanor

1 year

N/A

5 - 20 plants

Felony

1* - 3 years

$25,000

20 - 50 plants

Felony

2* - 5 years

$25,000

50 - 200 plants

Felony

3* - 7 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 or sale of paraphernalia.

Misdemeanor

1 year

$750

Sale of paraphernalia

Felony

1* - 3 years

$1,000

Sale to a minor

Felony

2* - 5 years

$1,000

Sale to a pregnant woman

Felony

3* - 7 years

$1,000

* Mandatory minimum sentence

 

Illinois Marijuana Possession Penalties

  1. Possession of less than 2.5 grams of marijuana is a Class C misdemeanor, punishable by a jail term of up to 30 days.
  2. Possession of between 2.5 - 10 grams of marijuana is a Class B misdemeanor, punishable by up to 6 months imprisonment.
  3. Possession of between 10 - 30 grams of marijuana is a Class A misdemeanor for a first offense, which is punishable by a jail term of up to 1 year. For a second or subsequent offense, possession of between 10 - 30 grams of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 3 years, as well as a fine of $25,000.
  4. Possession of between 30 - 500 grams of marijuana is a Class 4 felony for a first offense, which is punishable by a minimum sentence of 1 year and a maximum sentence of 3 years, as well as a fine of $25,000. For a second or subsequent offense, possession of between 30 - 500 grams of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 5 years, as well as a fine of $25,000.
  5. Possession of between 500 - 2,000 grams of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 5 years, as well as a fine of $25,000.
  6. Possession of between 2,000 - 5,000 grams of marijuana is a Class 2 felony, punishable by a minimum jail term of 3 years and a maximum sentence of 7 years, as well as a fine of $25,000.
  7. Possession of over 5,000 grams of marijuana is a Class 1 felony, punishable by imprisonment of a minimum of 4 years and a maximum of 20 years, as well as a fine of $25,000.

Illinois Marijuana Paraphernalia Penalties

  1. Possession of paraphernalia is a Class A misdemeanor, punishable by up to one year in prison, as well as a minimum fine of $750.
  2. Sale of paraphernalia is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 3 years, as well as a minimum fine of $1,000.
  3. Sale of paraphernalia to a minor is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 5 years, as well as a minimum fine of $1,000.
  4. Sale of paraphernalia to an obviously pregnant woman is a Class 2 felony, punishable by a minimum jail term of 3 years and a maximum sentence of 7 years, as well as a minimum fine of $1,000.

All paraphernalia is subject to forfeiture.


Illinois Marijuana Cultivation Penalties

  1. Possessing 5 or less marijuana plants is a Class A misdemeanor, punishable by a maximum sentence of 1 year in prison.
  2. Possessing between 5 - 20 plants is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 3 years, as well as a fine of $25,000.
  3. Possessing between 20 - 50 plants is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 5 years, as well as a fine of $25,000.
  4. Possessing between 50 - 200 plants is a Class 2 felony, which is punishable by a minimum jail term of 3 years and a maximum sentence of 7 years, along with a maximum fine of $100,000
  5. Possessing more than 200 marijuana plants is a Class 1 felony, punishable by imprisonment of a minimum of 4 years and a maximum of 20 years, as well as a maximum fine of $100,000.

Illinois Intent to Sell Marijuana Penalties

  1. Selling or possessing with the intent to sell, 2.5 grams or less of marijuana is a Class B misdemeanor, punishable by up to 6 months imprisonment.
  2. Selling or possessing with the intent to sell, between 2.5 - 10 grams of marijuana is a Class A misdemeanor, punishable by a maximum sentence of 1 year in prison.
  3. Selling or possessing with the intent to sell, between 10 - 30 grams of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year and a maximum sentence of 3 years, as well as a fine of $25,000.
  4. Selling or possessing with the intent to sell, between 30 - 500 grams of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years and a maximum sentence of 5 years, and a maximum fine of $50,000.
  5. Selling or possessing with the intent to sell, between 500 - 2,000 grams of marijuana is a Class 2 felony, punishable by a minimum jail term of 3 years and a maximum sentence of 7 years, and a maximum fine of $100,000.
  6. Selling or possessing with the intent to sell, between 2,000 - 5,000 grams of marijuana is a Class 1 felony, punishable by imprisonment of a minimum of 4 years and a maximum of 20 years, and a maximum fine of $150,000.
  7. Selling, manufacturing, or possessing with the intent to sell, more than 5,000 grams of marijuana is a Class X felony, punishable by a minimum sentence of 6 years and a maximum sentence of 30 years, and a maximum fine of $200,000.