720 ILCS 550/4 – Possession of Cannabis
This law says it is illegal to have cannabis unless the law allows it, and the punishment depends on how much you have.
If someone has cannabis without permission, they can be fined or charged with a crime depending on the amount in their possession. The penalties get more serious as the amount of cannabis increases.
(a) If a person has 10 grams or less of cannabis, this is a civil law violation. The fine is at least $100 and no more than $200. The money from the fine is divided up as follows:
- $10 goes to the circuit clerk, and $10 goes to the law enforcement agency that gave the ticket.
- $15 goes to the county to help fund drug addiction services.
- $10 goes to the State’s Attorneys Appellate Prosecutor for training programs.
- $10 goes to the local State’s Attorney.
- Any remaining money goes to the law enforcement agency that issued the ticket.
Money intended for the Illinois State Police must be sent to the State Police Operations Assistance Fund. Money for the Department of Natural Resources goes to the Conservation Police Operations Assistance Fund.
(b) Sentence: If a person has more than 10 grams but not more than 30 grams of cannabis, it is a Class B misdemeanor.
(c) Sentence: If a person has more than 30 grams but not more than 100 grams of cannabis, it is a Class A misdemeanor. If this happens again, it becomes a Class 4 felony.
(d) Sentence: If a person has more than 100 grams but not more than 500 grams of cannabis, it is a Class 4 felony. If this happens again, it becomes a Class 3 felony.
(e) Sentence: If a person has more than 500 grams but not more than 2,000 grams of cannabis, it is a Class 3 felony.
(f) Sentence: If a person has more than 2,000 grams but not more than 5,000 grams of cannabis, it is a Class 2 felony.
(g) Sentence: If a person has more than 5,000 grams of cannabis, it is a Class 1 felony.
Minors under 18, or those under juvenile court laws, cannot be fined or have extra fees added under this section, nor can their parents or guardians.
Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.
