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720 ILCS 550/8 – Production of Cannabis Plants

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Posted by Christopher Combs on April 6, 2026

720 ILCS 550/8 – Production of Cannabis Plants

This law says it’s illegal to grow marijuana plants unless you are allowed to by law.

People in Illinois cannot grow marijuana plants unless they have special permission. The number of plants a person grows changes how serious the punishment is – from small fines to felony charges.

Sec. 8 Unless it’s allowed under the Cannabis Regulation and Tax Act or the Industrial Hemp Act, it is against the law to grow or have marijuana plants. Only those with legal permission, like licensed growers or those covered by specific rules, can do so without breaking the law.

(a) Sentence: Having 5 or fewer plants is a minor rule break, AKA a civil violation. The person must pay a fine between $100 and $200. The money from the fine is divided as follows:

  1. $10 goes to the circuit clerk, and $10 goes to the law enforcement agency that gave the ticket.
  2. $15 goes to the county to help fund drug addiction services.
  3. $10 goes to the State’s Attorneys Appellate Prosecutor for training programs.
  4. $10 goes to the local State’s Attorney.
  5. Any remaining money goes to the law enforcement agency that issued the ticket.

If the Illinois State Police or Department of Natural Resources are involved, their parts of the fine go into special funds to help pay for their work.

(b) Sentence: Having more than 5 but not more than 20 plants is a Class 4 felony, which is a serious crime.

(c) Sentence: Having more than 20 but not more than 50 plants is a Class 3 felony, which is more serious than a Class 4 felony.

(d) Sentence: Having more than 50 but not more than 200 plants is a Class 2 felony. The person can be fined up to $100,000. They might also have to pay back the cost of destroying the plants and investigating the case. The money goes to the police group that handled the case, and some goes into the State Police Operations Assistance Fund if the state police were involved.

(e) Sentence: Having more than 200 plants is a Class 1 felony, one of the most serious kinds. The fine can be up to $100,000, and the person may also have to pay for the investigation costs. The money is sent to the law enforcement group that did the investigation and also into the State Police Operations Assistance Fund.

View the full statute here.

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