As of August 1, 2016, there will be a new statute governing the possession of marijuana. Possession of Marijuana is still illegal, but personal use is decriminalized. If you recently pled guilty to possession of drug paraphernalia or possession or marijuana you may be able to seek relief from the court. The laws regarding the manufacturing, sale or distribution of marijuana have not changed.
The statute entitled 720 ILCS 550/4 states, in summary anyone in possession of:
a. 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;
b. more than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class B misdemeanor;
c. more than 30 grams but not more than 100 grams of any substance containing cannabis is guilty of a Class A misdemeanor;
d. more than 100 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class 4 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.
Importantly, if you have prior convictions of sections (c) – (g) you face enhanced penalties if arrested for violations of sections (c) – (g).
The most important change for the average marijuana user is that if you are caught with less than 10 grams of marijuana and drug paraphernalia you face civil violations. You will be assessed a fine between $100 and $200. The great news is that both charges will be automatically expunged in approximately six (6) months from the time you pay your fine.
Unfortunately, cities and villages throughout Illinois may still charge you under their municipal code with stricter and more severe penalties for possession of marijuana and paraphernalia.
If you would like to read more about the new statutes check out: Possession of Drug Paraphernalia and Possession of Marijuana.