Drug Offenses

What is the Cannabis Law in Illinois?

March 17, 2016
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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 […]

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Overview: Expunging Your Criminal Record in Illinois

February 27, 2016
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NOTE: This article was refreshed to account for Public Act 102-933, which became part of Illinois law on January 1, 2023. Since that date, Illinois modified the Criminal Identification Act to enable a person to request expungement, even after testing positive for cannabis. Expungement is the process where a criminal court disposition is removed from […]

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New seat belt law in Illinois could increase profiling in traffic stops

February 9, 2012
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Illinois lawmakers made a significant change to the vehicle code that is effective in 2012. Starting January 1, 2012, anyone who drives or rides in a motor vehicle in the state of Illinois will be required to wear a seat belt. This was not always the law. Prior to 2012, a backseat passenger in Illinois […]

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New Illinois law criminalizes possession of bath salts, K2 and Spice

July 22, 2011
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Illinois governor Pat Quinn signed a law on July 22, 2011 that makes it a criminal offense to possess bath salts. Bath salts are also known as MDPV, and cause a hallucinogenic experience with the user. A woman in downstate Illinois died from an overdose of bath salts within the last year. Illinois is now […]

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Newly proposed law in Illinois allows for medical marijuana

April 28, 2011
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Illinois lawmakers find themselves at the front of the legalization of marijuana movement this year because newly proposed legislation would allow use of medicinal marijuana. Currently, Illinois House of Representatives is considering a bill sponsored by Democrat Lou Lang from Skokie, HB 30. If passed, the new law would be called the Compassionate Use of […]

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Penalties for possession of drug paraphernalia under Illinois law

November 19, 2010
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Illinois law makes it a criminal offense to knowingly possess drug paraphernalia. The law does not distinguish between the type of drug the paraphernalia is used for. The penalties for possessing a pipe to smoke marijuana are the same as a needle to shoot heroin, even though heroin is regarded as a more dangerous drug. […]

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A summary of Illinois drug laws

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The criminal offense of possession of drugs in Illinois has two categories: Possession of cannabis (ie, marijuana). This offense is governed by 720 ILCS 550/4. Possession of a controlled substance. The law for controlled substances is 720 ILCS 570/402. All illegal drugs that are not cannabis are classified as controlled substances. For example, the crime […]

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What are the penalties in Illinois for being charged with possession of cannabis with intent to deliver?

March 5, 2010
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The law that makes it a criminal offense in the state of Illinois to possess cannabis (e.g., marijuana) with intent to deliver is the Illinois Cannabis Control Act, found at 720 ILCS 550/1 et seq. Section 550/5 provides that it is illegal to manufacture, deliver, or possess with intent to deliver cannabis. To manufacture is […]

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What is the law in Illinois on possession of cannabis?

March 3, 2010
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Possession of cannabis, generally referred to a marijuana, is a criminal offense in Illinois. The criminal charge of possession of cannabis is set forth in 720 ILCS 550/1 et seq, the Illinois Cannabis Control Act. While other states have decriminalized cannabis, Illinois has not. To decriminalize possession of cannabis is to say that it is […]

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