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Cannabis laws in Illinois in 2017

The new fines and penalties in the state of Illinois for possession, distribution, and driving under the influence (DUI) of marijuana have changed drastically from the previous law. Now you face a payment of $100 to $200 instead of the potential $1,500 fine. There isn’t any possible jail time if you have less than 10 grams, on your first offense. (720 ILCS 550/4).

Potential fines in Illinois:

  1. More than 10 grams, but less than 30 grams of any substance that contains cannabis is a Class B misdemeanor.
  2. More than 30 grams, but less than 100 grams of any substance that contains cannabis is a Class A misdemeanor.
    1. If this is not your first offense with a Class A misdemeanor, you will be guilty of a Class 4 felony.
  3. More than 100 grams, but less than 500 grams of any substance containing cannabis is a Class 4 felony.
    1. If this is not your first offense with a Class 4 felony, you will be guilty of a Class 3 felony.
  4. More than 500 grams, but less than 2,000 grams of any substance containing cannabis is a Class 3 felony.
  5. More than 2,000 grams, but less than 5,000 grams of any substance containing cannabis is a Class 2 felony.
  6. More than 5,000 grams of any substance containing cannabis is a Class 1 felony.

Medical Marijuana in Illinois:

Medical marijuana became legal on January 1, 2014. If you have a qualified condition, you can be prescribed 2.5 ounces of marijuana every two weeks. The law (410 ILCS 130/) that allows this was extended until July of 2020 as of now. If you are a qualified patient, there will not be any consequences to using medical marijuana.

Possession of Cannabis in Illinois:
If you knowingly possess cannabis or other substances containing marijuana you may get a possession charge. The penalties for possession of marijuana will vary depending on the amount of cannabis you are accused of possessing (See above Potential Fines). (770 ILCS 550/4).

Possible Law Revisions in Illinois:

On March 22, 2017, state lawmakers introduced legislation that would end marijuana prohibition in Illinois, thus establishing a system for adults to obtain and use cannabis but still being regulated and taxed like alcohol. If this passes, it will make it legal for adults 21 and over to possess, grow, and purchase cannabis. You will still not be able to smoke and drive, you will face fines and up to six months in jail, or both, for the first violation. Any violations after your first one could be a suspension of your driver’s license for up to a year. (HB 2353, SB 316).

Gullberg, Box & Worby LLC can assist you with your cannabis charges. Find your peace of mind. Call our office at (309) 734-1001 or fill out the contact submission form, and we will discuss the facts of your case and your options. This consultation is free, and there is no obligation to hire us after the consultation.