What is the Penalty for the Manufacture and Distribution of Marijuana in Illinois?

Author: Don Pioletti Posted on: . Filed in: Criminal Law.

Illinois legalized marijuana for medical use but marijuana is not legal for recreational use in this state. In fact, the manufacture and distribution of medical marijuana is highly regulated within the state. You cannot grow marijuana in your back yard and sell it as “medical marijuana.”  Illinois has very strict laws making the manufacture and distribution of marijuana illegal in Illinois.

Illinois Statutes Governing the Manufacture and Distribution of Marijuana

According to 720 ILCS 550/5 of the Illinois state laws, “It is unlawful for any person knowingly to manufacture, deliver, or possess with intent to deliver, or manufacture, cannabis.” When a person is arrested for the manufacture and distribution of marijuana (i.e. cannabis), the charge used depends on the amount of marijuana involved in the arrest.   Below is a list of the amounts, charges, and punishments for the manufacture and distribution of marijuana illegal in Illinois.

  • The manufacture and distribution of marijuana weighing 2.5 grams or less is a Class B misdemeanor punishable by up to 180 days in jail and a potential fine up to $1,500.
  • The manufacture and distribution of marijuana weighing more than 2.5 grams but less than 10 grams is a Class A misdemeanor punishable by up to 12 months in jail and a potential fine up to $2,500.
  • The manufacture and distribution of marijuana weighing more than 10 grams but less than 30 grams is a Class 4 felony punishable by a 1 to 3 year prison sentence and a potential fine of up to $25,000.
  • The manufacture and distribution of marijuana weighing more than 30 grams but less than 500 grams is a Class 3 felony punishable by a 2 to 5 year prison sentence and a potential fine of up to $50,000.
  • The manufacture and distribution of marijuana weighing more than 500 grams but less than 2,000 grams is a Class 2 felony punishable by a 3 to 7 year prison sentence and a potential fine of up to $100,000.
  • The manufacture and distribution of marijuana weighing more than 2,000 grams but less than 5,000 grams is a Class 1 felony punishable by a 4 to 15 year prison sentence and a potential fine of up to $150,000.

The manufacture and distribution of marijuana weighing more than 5,000 grams is a Class X felony punishable by a 6 to 30 year prison sentence and a potential fine of up to $200,000.

Hiring an experienced Illinois criminal defense attorney who is skilled in handling charges of the manufacture and distribution of marijuana is vital. You could receive probation, a lower fine, and a lower jail sentence (if any jail time at all) by hiring an attorney who will investigate the circumstances of your arrest and who will aggressively defend you in court.

In some cases, law enforcement may have performed an illegal search and seizure that would render the evidence inadmissible in court. In other cases, the attorney may be able to challenge the allegations of manufacturing and distribution of marijuana. The key is to retain an experienced criminal defense attorney as quickly as possible after being arrested on an Illinois manufacture and distribution of marijuana charge.

Contact Our Office for a Consultation with an Experienced Illinois Marijuana Defense Attorney

The criminal defense attorneys of Pioletti & Pioletti represent individuals who need help defending an Illinois drug charge. We assist clients throughout McLean, Woodford, Tazewell, and Peoria counties by providing compassionate, competent legal services. Contact our office at 309-938-4838 to schedule your free consultation.

When you need the assistance of an experienced criminal defense lawyers in central Illinois, call Pioletti & Pioletti. We are dedicated to providing our clients with exceptional service and support throughout the criminal justice process.

Image credit: Brett Levin

Don Pioletti

Don Pioletti

Don B. Pioletti, Jr. was born on August 2, 1946 in Washington, Illinois. He graduated from Eureka High School and received a Bachelor’s Degree from Eureka College in 1970. He served in the Army during the Vietnam War and then graduated from George Mason University Law School in 1976. He served as an Assistant Illinois Attorney General and as an Assistant State’s Attorney. From 1990 until July of 2014 he served as the Woodford County Chief Public Defense Attorney.
Don Pioletti