In Illinois, the Cannabis Control Act makes it against the law to knowingly manufacture or distribute marijuana (720 ILCS 550/5). It is also illegal to possess marijuana with the intent to distribute it. If you or someone you care about have been charged with marijuana distribution, you should seek the guidance of an experienced drug crimes defense lawyer.
Penalties for Marijuana Distribution
The associated penalties depend on the amount manufactured or distributed, and are as follows:
- Up to 2.5 grams (Class B misdemeanor): up to 6 months in jail, a fine of up to $1,500, or both.
- Between 2.5 and 10 grams (Class A misdemeanor): 1 to 3 years in prison, a fine of up to $2,500, or both.
- Between 10 and 30 grams (Class 4 felony): 1 to 3 years in prison, a fine of up to $25,000, or both.
- Between 30 and 500 grams (Class 3 felony): 2 to 5 years in prison, a fine of up to $50,000, or both.
- Between 500 and 2,000 grams (Class 2 felony): 3 to 7 years in prison, a fine of up to $100,000, or both.
- Between 2,000 and 5,000 grams (Class 1 felony): 4 to 15 years in prison, a fine of up to $150,000, or both.
- More than 5,000 grams (Class X felony): 6 to 30 years in prison, a fine of up to $200,000, or both.
Trafficking Over State Lines
Transporting over 2,500 grams of marijuana across state lines into Illinois is considered a felony (720 ILCS 550/5.1). The penalties above are doubled for this offense (depending on the amount trafficked).
Distribution Involving Minors
Selling marijuana to a minor younger than 18 can trigger the penalties described above to be doubled. This only applies when the seller is older than 18, and at least three years older than the minor (720 ILCS 550/7).
Distribution in a school zone
Additional penalties apply when a violator sells marijuana on school grounds, depending on the amount sold (720 ILCS 550/5.2). Take the penalties found for the amounts above, and move up one class of severity. For example, selling up to two and a half grams in a schools zone is a Class A misdemeanor, instead of a Class B misdemeanor.
Additional Marijuana Crime Assessments
In addition to the penalties above, drug crime fines are tacked on to each offense. These extra fines are:
- $200 for a Class B misdemeanor
- $300 for a Class A misdemeanor
- $500 for a Class 3 or Class 4 felony
- $1,000 for a Class 2 felony
- $2,000 for a Class 1 felony
- $3000 for a Class X felony
However, these fines can be converted to community service hours (one hour equals $4) or commuted if you complete a drug rehabilitation program.
Contact a Chicago Defense Attorney
If you are facing charges for marijuana distribution, you need an experienced drug crimes defense attorney to advocate for you. Contact Chicago defense attorney Steven Goldman for a consultation.