The State of Illinois legalized cannabis for recreational possession and use in January 2020. Since that time, residents and out-of-state visitors over the age of 21 can possess and use cannabis legally, subject to possession limits and other restrictions.
Despite the transition to recreationally legal cannabis, Illinois maintains laws against and penalties for cannabis delivery. Furthermore, any person who commits a cannabis delivery crime can face serious consequences, including expensive fines and confinement in jail or prison.
How Does Illinois Define Cannabis Delivery Crimes?
720 ILCS 550/3 defines what qualifies as a cannabis delivery crime. Under this section, the term “deliver” or “delivery” refers to the actual, constructive, or attempted transfer of cannabis, with or without consideration. In this sense, it does not matter if the transfer is successful or if money changes hands.
In addition to the standard definition above, 720 ILCS 550/3 also contains a provision that addresses “casual delivery.” Under this section, a casual delivery of cannabis involves 10 grams or less, without any exchange of money or other consideration.
What are the Illinois Laws Against Cannabis Delivery?
720 ILCS 550/5 establishes the Illinois laws against cannabis delivery. This section creates a general prohibition against the delivery or manufacture of cannabis and the possession of cannabis with intent to deliver or manufacture.
That being said, there are narrow exceptions to this rule under the Cannabis Regulation and Tax Act and the Industrial Hemp Act. But for the most part, these exceptions are limited to approved medical providers and licensed distributors and vendors.
What is the Illinois Punishment for Cannabis Delivery?
720 ILCS 550/5 also details the Illinois penalties for cannabis delivery crimes. But it is important to note that the applicable charge and corresponding penalty vary greatly based on the amount of cannabis in question.
Cannabis delivery crimes involving 2.5 grams or less result in Class B misdemeanor charges. The Illinois punishment for this offense can include a maximum of six months in jail and $1,500 in criminal fines.
Cannabis delivery crimes involving 2.5 to 10 grams result in Class A misdemeanor charges. The Illinois punishment for this offense can include a maximum of 12 months in jail and $2,500 in criminal fines.
Cannabis delivery crimes involving 10 to 30 grams result in Class 4 felony charges. The Illinois punishment for this offense can include one to three years in prison and up to $25,000 in criminal fines.
Cannabis delivery crimes involving 30 to 500 grams result in Class 3 felony charges. The Illinois punishment for this offense can include two to five years in prison and up to $50,000 in criminal fines.
Cannabis delivery crimes involving 500 to 2,000 grams result in Class 2 felony charges. The Illinois punishment for this offense can include three to seven years in prison and up to $100,000 in criminal fines.
Cannabis delivery crimes involving 2,000 to 5,000 grams result in Class 1 felony charges. The Illinois punishment for this offense can include four to 15 years in prison and up to $150,000 in criminal fines.
Cannabis delivery crimes involving more than 5,000 grams result in Class X felony charges. The Illinois punishment for this offense can include six to 30 years in prison and up to $200,000 in criminal fines.
