CHAPTER 720, ILCS 550 - OFFENSES AGAINST PUBLIC CANNABIS CONTROL ACT

720 ILCS 550/4

Sec. 4. Except as otherwise provided in the Cannabis Regulation and Tax Act, the Industrial Hemp Act, and the Illinois Hemp Act, it is unlawful for any person knowingly to possess cannabis.

EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules
Offense Class & Sentencing Scope Petty Offense, Class B Misdemeanor, Class A Misdemeanor, Class 4 Felony, Class 3 Felony, Class 2 Felony, Class 1 Felony

4 to 15 years IDOC (Probation eligible unless aggravated) · Fine up to $25,000

Court Appearance Mandate Release on Notice (No Mandate)

Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Petty Offense, Class B Misdemeanor, Class A Misdemeanor, Class 4 Felony, Class 3 Felony, Class 2 Felony, Class 1 Felony
Court Appearance Pre-set Bond / Release on Notice
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code None Assigned
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Associated Offense Codes & Classifications (9)

Offense Description Class Court Mandate SAFE-T Act Reporting Code
Possession of cannabis – less than 10 grams 720 ILCS 550/4(a) Petty Offense Release on Notice Release Eligible
Possession of cannabis – more than 10 grams but not more than 30 grams 720 ILCS 550/4(b) Class B Misdemeanor Release on Notice Release Eligible
Possession of cannabis – more than 30 grams but not more than 100 grams 720 ILCS 550/4(c) Class A Misdemeanor Release on Notice Release Eligible
Possession of cannabis – more than 100 grams but not more than 500 grams 720 ILCS 550/4(d) Class 4 Felony Release on Notice Release Eligible
Possession of cannabis – more than 500 grams but not more than 2,000 grams 720 ILCS 550/4(e) Class 3 Felony Release on Notice Release Eligible
Possession of more than 2,000 grams but not more than 5,000 720 ILCS 550/4(f) Class 2 Felony Release on Notice Release Eligible
Possession of more than 5,000 grams 720 ILCS 550/4(g) Class 1 Felony Release on Notice Release Eligible
Manufacture or delivery of more than 2,000 grams but not more than 5,000 720 ILCS 550/4(f) Class 2 Felony Release on Notice Release Eligible
Manufacture or delivery of more than 5,000 grams 720 ILCS 550/4(g) Class 1 Felony Release on Notice Release Eligible
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Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov

Sec. 4. Except as otherwise provided in the Cannabis Regulation and Tax Act, the Industrial Hemp Act, and the Illinois Hemp Act, it is unlawful for any person knowingly to possess cannabis.

Any person who violates this Section with respect to:

(a)

(a) not more than 10 grams of any substance containing cannabis is guilty of a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. The proceeds of the fine shall be payable to the clerk of the circuit court. Within 30 days after the deposit of the fine, the clerk shall distribute the proceeds of the fine as follows: (1) $10 of the fine to the circuit clerk and $10 of the fine to the law enforcement agency that issued the citation; the proceeds of each $10 fine distributed to the circuit clerk and each $10 fine distributed to the law enforcement agency that issued the citation for the violation shall be used to defer the cost of automatic expungements under paragraph (2.5) of subsection (a) of Section 5.2 of the Criminal Identification Act; (2) $15 to the county to fund drug addiction services; (3) $10 to the Office of the State's Attorneys Appellate Prosecutor for use in training programs; (4) $10 to the State's Attorney; and

(5)

(5) any remainder of the fine to the law enforcement agency that issued the citation for the violation. With respect to funds designated for the Illinois State Police, the moneys shall be remitted by the circuit court clerk to the Illinois State Police within one month after receipt for deposit into the State Police Operations Assistance Fund. With respect to funds designated for the Department of Natural Resources, the Department of Natural Resources shall deposit the moneys into the Conservation Police Operations Assistance Fund; (b) more than 10 grams but not more than 60 grams of any substance containing cannabis is guilty of a Class B misdemeanor; (c) more than 60 grams but not more than 100 grams of any substance containing cannabis is guilty of a Class A misdemeanor; provided, that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 4 felony; (d) more than 100 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class 4 felony; provided that if any offense under this subsection (d) is a subsequent offense, the offender shall be guilty of a Class 3 felony; (e) more than 500 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 3 felony; (f) more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 2 felony; (g) more than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony. Fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed against a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.

(Source: P.A. 103-379, eff. 7-28-23; 104-463, eff. 6-12-26.)

Cross-Referenced ILCS Codes