illinois decriminalizes possession of small amounts of cannabis

When did Illinois Decriminalize Possession of Small Amounts of Cannabis?

With the enactment of Public Act 99-697, which became effective on July 29, 2016, Illinois joined 20 other states that had already decriminalized the possession of small amounts of cannabis.

Prior to the enactment of this new law, in Illinois it was illegal to possess any amount of cannabis.

What were the penalties before the new law?

Before the new law was enacted, possession of 2.5 grams of cannabis or less was a class C misdemeanor offense, punishable by up to 30 days in jail and by up to a $1,500 fine.

Possession of more than 2.5 grams but not more than 10 grams of cannabis was a class B misdemeanor offense, punishable by up to 180 days in jail and by up to a $2,500 fine.

What did the new law accomplish?

Illinois' new possession of cannabis law abolished the criminal penalties for possession of up to 10 grams of cannabis.

In so doing, rather than legalizing the possession of small amounts of cannabis outright, the new law maintained the illegality of possessing small amounts of cannabis, but changed the punishment for these offenses from a criminal to a civil offense.

What are the new penalties?

Under the new law, in Illinois it is now a civil offense, instead of a criminal offense, to unlawfully possess 10 grams or less of a substance containing cannabis. See, 720 ILCS 550/4(a). This civil offense is punishable by a minimum fine of $100 and a maximum fine of $200.

A finding of responsibility for a civil law infraction does not lead to a criminal record.

As a result, the civil offense of unlawful possession of cannabis weighing 10 grams or less will not lead to a criminal record.

So when does unlawful possession of cannabis become a criminal offense in Illinois?

Unlawful possession of cannabis in Illinois becomes a criminal offense once a person is charged with possessing more than 10 grams of cannabis.

The new version of Section 550/4, the state law punishing possession of cannabis, penalizes offenses involving more than 10 grams as follows:

  • Class B misdemeanor: possession of more than 10 grams but not more than 30 grams of a substance containing cannabis;
  • Class A misdemeanor: possession of more than 30 grams but not more than 100 grams of a substance containing cannabis;
  • Class 4 felony: possession of more than 100 grams but not more than 500 grams of a substance containing cannabis;
  • Class 3 felony: possession of more than 500 grams but not more than 2,000 grams of a substance containing cannabis;
  • Class 2 felony: possession of more than 2,000 grams but not more than 5,000 grams of a substance containing cannabis;
  • Class 1 felony: possession of more than 5,000 grams of a substance containing cannabis.

What is HoffmanLaw's experience with Lake County cannabis cases?

The HoffmanLaw Office of Lake County, Illinois, defends clients charged with cannabis offenses in the Lake County courts. Our office has nearly 20 years' experience with Lake County cannabis charges.

We defend all levels of misdemeanor and felony cannabis prosecutions. We have a strong record of success defending our clients against Lake County criminal cannabis accusations.


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