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IL Marijuana Laws

Updated on May 5, 2020.  Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer

Illinois Medical Marijuana Law

On August 1, 2013, Illinois launched a medical marijuana law called The Compassionate Use of Medical Cannabis Pilot Program Act. In 2014, the governor and legislature improved the law by adding a qualifying condition — seizures — and by making it possible for minors to qualify.

The law allows physicians to recommend the therapeutic use of medical marijuana to patients who are under their doctors’ care for at least one of the 34 qualifying medical conditions. Qualifying patients who receive a written certification may register with the state Department of Public Health for legal status as a medical marijuana patient.

Cannabis Legalization in Illinois

The law allows Illinois residents age 21 and over to purchase up to one ounce of flower (dried herb) and up to five grams of cannabis concentrate (such as hashish or tincture). Illinois visitors are able to possess half those amounts. The law allows adults to consume cannabis either in their homes or at certain approved establishments. Businesses and landlords have the right to refuse its use on their properties.

The recreational use of cannabis by adults is legal, including retail sales beginning on Jan. 1, 2020. The following covers Illinois’ current cannabis laws with summaries of provisions under these laws.

As of Jan. 1, 2020, the cultivation, trafficking, sale, or possession of a small amount of marijuana is legal in Illinois under the  Cannabis Regulation and Tax Act. The state also allows the use of medical marijuana for eligible patients, who also are permitted to grow their own medicine. Non-medical users, however, may not cultivate their own cannabis.

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Offense

Penalty

Incarceration

Max. Fine

   Possession

    30 g. or less

Misdemeanor

N/A

N/A

More than 30 – 100 g (first offense)*

Misdemeanor

1 year

$2,500

  More than 30. (First offense)

Misdemeanor

1 year

N/A

More than 30 – 100 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
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