Exclusively Practicing
Criminal Defense for
Two Decades
Criminal Defense for
Two Decades
Possession With Intent to Deliver or Delivery of Cannabis
Illinois State Law Penalties for Possession With Intent to Deliver or Delivery of Cannabis
Under Illinois law it is unlawful for any person to knowingly deliver cannabis, or manufacture it, or possess cannabis with the intent to deliver.
The Penalties Under Statute 720 Ilcs 550/5 Vary Depending on Quantity, Proximity to a School, Prior Criminal History, and Other Circumstances.
| Quantity of Cannabis (grams) | Quantity of Cannabis (pounds) | Statute | Offense Classification | Potential Sentence | Extended Term | Fine up to | Mandatory Assessment | Probation Available |
|---|---|---|---|---|---|---|---|---|
| 0 – 2.5 grams | 0.001 – 0.006 pounds | 720 ILCS 550/5(a) | Class B Misdemeanor | 1 – 180 Days | none | $1,500 | $200 | yes |
| 2.5 – 10 grams | 0.006 – 0.022 pounds | 720 ILCS 550/5(b) | Class a Misdemeanor | 1 – 364 Days | none | $2,500 | $300 | yes |
| 10 – 30 grams | 0.022 – 0.066 pounds | 720 ILCS 550/5(c) | Class 4 Felony | 1 – 3 Years | up to 6 years | $25,000 | $500 | yes |
| 30 – 500 grams | 0.066 – 1.102 pounds | 720 ILCS 550/5(d) | Class 3 Felony | 2 – 5 Years | up to 10 years | $50,000 | $500 | yes |
| 500 – 2,000 grams | 1.102 – 4.409 pounds | 720 ILCS 550/5(e) | Class 2 Felony | 3 – 7 Years | up to 14 years | $100,000 | $1,000 | yes |
| 2,000 – 5,000 grams | 4.409 – 11.023 pounds | 720 ILCS 550/5(f) | Class 1 Felony | 4 – 15 Years | up to 30 years | $150,000 | $2,000 | yes |
| 5,000 plus grams | more than 11.023 pounds | 720 ILCS 550/5(g) | Class X Felony | 6 – 30 Years | up to 60 years | $200,000 | $3,000 | no |
Casual Delivery of Less Than 10 Grams (720 Ilcs 550/7)
Any delivery of cannabis which is a casual delivery of not more than 10 grams without consideration shall be treated in all respects as possession of cannabis for purposes of penalties.
Delivery of Cannabis to a Person Under 18 Years of age by a Person Over 18 Years of Age: (720 Ilcs 550/7)
Any person who is at least 18 years of age who delivers cannabis to a person under 18, who is at least 3 years his junior, may be sentenced to a term up to twice the maximum.
Violations for Offenders Under 18 Years Old: 720 Ilcs 550/7
Any person under 18 years of age who violates this Act may be treated by the court as a juvenile, when normally they would have to be under 17 years of age to be treated as a juvenile.