Illinois Marijuana Laws

Both medical marijuana and recreational adult-use are permitted in Illinois. The general public may possess up to 30 grams of flower and 5 grams of cannabis concentrates. Registered patients may cultivate up to 5 plants at home and purchase up to 2.5 ounces from dispensaries every 14 days.

Illinois marijuana laws
Latest news
Call Attorney

LATEST NEWS

ALL ILLINOIS NEWS

LATEST NEWS

Latest News

ALL ILLINOIS NEWS

LAW BREAKDOWN

LAW BREAKDOWNS

Illinois has completely legalized the medicinal and recreational use of cannabis. Medical marijuana is permitted for a long list of qualifying conditions, and recreational use is allowed for adults aged 21 or older.

Possession

Illinois’ legalization measure means that Illinois residents are permitted to possess up to 30 grams of marijuana. Non-residents are legally allowed to carry up to 15 grams.

Possessing between 30 and 100 grams is a misdemeanor on a first offense, as is punishable by up to a year imprisonment and a $2,500 fine.

On a subsequent offense, possession of between 30 and 100 grams is a felony and the maximum potential punishment increases to 3 years in prison and $25,000 in fines. The same punishments apply for anyone found to be in the possession of between 100 and 500 grams.

If the amount possessed is between 500 and 2000 grams, the potential prison sentence is between 2 and 5 years, and fines of up to $25,000 are possible. For possession of between 2000 and 5000 grams, there is a mandatory minimum prison term of 3 years, a maximum of 7 years, and a fine of $25,000 also applies.

For amounts more than 5000 grams, the prison term is between 4 and 15 years.

Offense Penalty Incarceration Max. Fine
30 g or less* No Penalty None $ 0
30 – 100 g (first offense)* Misdemeanor 1 year $ 2,500
30 – 100 g (subsequent offense)* Felony 1 – 3 years $ 25,000
100 – 500 g Felony 1 – 3 years $ 25,000
500 – 2000 g Felony 2 – 5 years $ 25,000
2000 – 5000 g Felony 3 – 7 years $ 25,000
More than 5000 g Felony 4 – 15 years $ 25,000
* Illinois resident — non-residents may possess up to 15 grams.

Scroll to see the rest of the table.

Sale or Trafficking

Unlicensed sale of cannabis in Illinois is a misdemeanor if the amount is less than 10 grams. For quantities of less than 2.5 grams, the potential jail term is 6 months and the maximum fine is $1,500. For sale of 2.5 – 10 grams, the maximum jail term is 1 year and the maximum fine is $2,500.

Selling more than 10 grams is a felony. If the quantity sold is between 10 and 30 grams, the punishment is between 1 and 3 years in prison, and the offender faces potential fines of $25,000.

If the amount is between 30 and 500 grams, the prison sentence is between 2 and 5 years, and fines of up to $50,000 are possible.

For between 500 and 2000 grams, the prison term is 3 to 7 years, and the maximum fine is $100,000. For 2000 – 5000 grams, the prison term is between 4 and 15 years, and a maximum fine of $150,000 is possible. If the quantity sold exceeds 5000 grams, a mandatory minimum jail term of 6 years applies, the maximum possible prison term is 30 years, and fines of up to $200,000 are possible.

If the delivery takes place on school grounds, increased penalties apply. Bringing 2,500 grams of cannabis into the state of Illinois is considered trafficking and carries a minimum sentence of twice the sentence for sale of marijuana.

Offense Penalty Incarceration Max. Fine
2.5 g or less Misdemeanor 6 months $ 1,500
2.5 – 10 g Misdemeanor 1 year $ 2,500
10 – 30 g Felony 1 – 3 years $ 25,000
30 – 500 g Felony 2 – 5 years $ 50,000
500 – 2000 g Felony 3 – 7 years $ 100,000
2000 – 5000 g Felony 4 – 15 years $ 150,000
More than 5000 g Felony 6** – 30 years $ 200,000
** Mandatory minimum sentence
Delivery on school grounds carries increased incarceration and fines
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.

Scroll to see the rest of the table.

Cultivation

Cultivating marijuana in Illinois is not permitted unless the grower is enrolled in the state’s medical marijuana program. Registered patients are allowed to grow up to 5 plants at any one time.

For non-patients, growing up to 5 plants is a civil violation punishable by a fine of up to $200. If the number of plants involved is more than 5, the offense is a felony. Growing between 5 and 20 plants is punishable by 1 to 3 years imprisonment and fines of up to $25,000. For 20 to 50 plants, the potential prison term increases to between 2 and 5 years. Cultivating between 50 and 200 plants is punishable by between 3 and 7 years in prison and fines of $100,000. For cultivating more than 200 plants, the potential prison term is 4 to 15 years and the maximum possible fine is $100,000.

Offense Penalty Incarceration Max. Fine
5 plants or less for registered medical cannabis patient No penalty None $ 0
5 plants or less for personal use Violation None $ 200
More than 5 – 20 plants Felony 1 – 3 years $ 25,000
More than 20 – 50 plants Felony 2 – 5 years $ 25,000
More than 50 – 200 plants Felony 3 – 7 years $ 100,000
More than 200 plants Felony 4 – 15 years $ 100,000

Scroll to see the rest of the table.

Hash and Concentrates

Adults are permitted to possess up to 5 grams of cannabis concentrates in Illinois. For non-residents, the legal limit is 2.5 grams. Penalties of possessing larger amounts are the same as for marijuana flower.

Offense Penalty Incarceration Max. Fine
5 g or less* No Penalty None $ 0
Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.
* Illinois resident — non-residents may possess up to 2.5 grams.

Scroll to see the rest of the table.

Paraphernalia

It is a misdemeanor to possess paraphernalia with more than 10 grams of marijuana. The penalty is up to 1 year in jail and $2,500 in fines.

Selling paraphernalia is a felony subject to between 1 and 3 years in prison and fines of $25,000. Selling to a minor carries an increased penalty; between 2 and 5 years in prison and $25,000 in fines. Selling to a pregnant woman carries even higher penalties; 3 to 7 years in prison and the same maximum $25,000 fine.

However, it should be noted that since marijuana was legalized on January 1 2020, the language specifically relating to marijuana paraphernalia has been removed from the paraphernalia legislation. This could be interpreted that paraphernalia meant to legally be used with recreational marijuana could be considered legal. It’s recommended that you consult with a local lawyer for the specifics of this law.

Offense Penalty Incarceration Max. Fine
Possession of paraphernalia with more than 10 g of marijuana Misdemeanor 1 year $ 2,500
Sale of paraphernalia Felony 1 – 3 years $ 25,000
Sale to a minor Felony 2 – 5 years $ 25,000
Sale to a pregnant woman Felony 3 – 7 years $ 25,000

Scroll to see the rest of the table.

Miscellaneous

Forfeiture
Civil Asset Forfeiture – Property is subject to forfeiture.

Scroll to see the rest of the table.

Medical Marijuana

MEDICAL MARIJUANA

Illinois’ medical marijuana legislation was signed into law in 2013, allowing qualifying patients to legally possess and obtain cannabis for medical use. The “Compassionate Use of Medical Cannabis Pilot Program Act” protects registered patients from “arrest, prosecution, or denial or any right or privilege.”

Physicians are no longer required to explicitly recommend cannabis therapy, but instead must simply certify that a doctor-patient relationship exists and that the patient has a qualifying, debilitating medical condition.

 

QUALIFYING CONDITIONS:

  • Alzheimer’s disease
  • Amyotrophic Lateral Sclerosis (ALS)
  • Anorexia nervosa
  • “Any medical condition for which an opioid has been or could be prescribed by a physician based on generally accepted standards of care”
  • Arnold Chiari malformation
  • Autism
  • Cachexia/wasting syndrome
  • Cancer
  • Causalgia
  • Chronic Inflammatory Demyelinating Polyneuropathy
  • Chronic pain
  • Complex regional pain syndrome type 2
  • Crohn’s Disease
  • Dystonia
  • Ehlers-Danlos syndrome
  • Fibromyalgia
  • Fibrous dysplasia
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • Hydrocephalus
  • Hydromyelia
  • Interstitial Cystitis
  • Irritable bowel syndrome
  • Lupus
  • Migraines
  • Multiple Sclerosis
  • Muscular Dystrophy
  • Myasthenia Gravis
  • Myoclonus
  • Nail patella syndrome
  • Neuro-Behcet’s autoimmune disease
  • Neurofibromatosis
  • Neuropathy
  • Osteoarthritis
  • Parkinson’s disease
  • Polycystic kidney disease
  • Post-traumatic stress
  • Reflex Sympathetic Dystrophy (RSD)
  • Rheumatoid Arthritis
  • Sjogren’s syndrome
  • Spinal cord disease
  • Spinocerebellar Ataxia (SCA)
  • Superior canal dehiscence syndrome
  • Syringomyelia
  • Tarlov cysts
  • Tourette’s syndrome
  • Traumatic brain injury and post-concussion syndrome
  • Ulcerative colitis

PATIENT POSSESSION LIMITS:
Two and a half ounces of marijuana in a 14-day period

HOME CULTIVATION:
Registered patients may cultivate up to five plants at any one time.

STATE-LICENSED DISPENSARIES:
Yes

CAREGIVERS:
Yes. Caregivers, who may only serve one qualifying patient at a time, are allowed to pick up medicine for ill, homebound patients, and are subject to the same possession limits.

RECIPROCITY:
No

Marijuana Attorney Directory

Illinois Marijuana Attorneys

The following Illinois lawyers are actively involved in the practice of cannabis law: