NOTE: The information below was modified to clarify the effect of the Cannabis Regulation and Tax Act. After this Act became Illinois law on January 1, 2020, cannabis became legal for recreational possession and use, which also impacted various criminal offenses related to cannabis.
Cannabis was formerly illegal to possess or use in the state of Illinois. Even after the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1) took effect in January 2014, recreational possession and use remained a crime until 2020. That is when the Cannabis Regulation and Tax Act legalized cannabis for recreational possession and use.
Many people downplay the severity of being charged with a cannabis offense, though such a conviction can have a significant impact on your personal and professional life. Furthermore, Illinois still prohibits many cannabis-related activities, including delivery crimes.
The corresponding charge and punishment associated with cannabis delivery usually vary depending on the quantity of cannabis involved and the number of previous convictions (if any). According to 720 ILCS 550/5, the sentencing guidelines for the unlawful delivery of cannabis are as follows:
- Up to 2.5 grams – Class B Misdemeanor ($1,500 fine and/or up to six months in jail);
- Between 2.5 and 10 grams – Class A Misdemeanor ($2,500 fine and/or up to 12 months in jail);
- Between 10 and 30 grams – Class 4 felony ($25,000 fine and/or one to three years in prison);
- Between 30 and 500 grams – Class 3 felony ($50,000 fine and/or two to five years in prison);
- Between 500 and 2,000 grams – Class 2 felony ($100,000 fine and/or three to seven years in prison);
- Between 2,000 and 5,000 grams – Class 1 felony ($150,000 fine and/or four to 15 years in prison); or
- More than 5,000 grams – Class 1 felony ($200,000 fine and/or six to 30 years in prison).
Some people mistakenly believe that with the legalization of cannabis for recreational purposes, all cannabis-related crimes have disappeared. They may also think that enforcement of cannabis offenses is lessening, but this is not the case. Even if you obtain cannabis legally, it remains a crime to unlawfully deliver or manufacture or possess cannabis with intent to deliver or manufacture. Additionally, Illinois retains certain offenses related to the unlawful possession of cannabis.
Some offenders may be eligible for court supervision, the successful completion of which will allow the disposal of the criminal case. There are many options for first-time cannabis offenders, especially those that may not result in a conviction entered on a criminal record. As a result, it is important to understand all of your options before entering a plea agreement or pleading guilty to a crime you may have not committed.
If you have legal questions, contact Sami Azhari to get answers and start planning your defense.