Can you still go to jail for weed in Illinois?

ROCKFORD, Ill. (WTVO) — Recreational marijuana has been legal in Illinois for three years, and it’s been an economic boon, topping $1.5 billion in 2022.

Although the drug is now legal in the state, there are still limits to how much a person can possess at a time.

That being said, some residents might wonder if they can still go to jail for marijuana in the state if they have too much.

Illinois residents can possess up to 30 grams of marijuana flower at a time, according to Norml. Penalties for possessing more than that depend on the amount, as well as the number of infractions.

Having between 30 and 100 grams for a first offense is considered a misdemeanor and can result in a year in prison. If a person is caught doing it again, it becomes a felony, which can result in up to three years in prison.

Having 100-500 grams carries the same penalty as a second offense of the amount mentioned above.

As the amount increases from here, the penalty also increases. For example, having more than 5,000 grams in one’s possession can result in 15 years behind bars.

Can I share weed in Illinois?

Although marijuana is now legal for recreational use in the state, it can only be purchased from a licensed dispensary. If someone decides to sell weed on their own, they can face significant penalties.

For example, selling or trafficking more than 5,000 grams of marijuana in the state can result in 30 years incarceration and a $200,000 fine.

There is also a limit to the number of plants Illinois residents can grow for their own use. State medical patients can have up to five of their own herbs without incurring penalties. If a non-medical patient has five plants for their own use, they will not face jail time, but there will be a $200 fine.

However, the more plants there are, the higher the penalty. Having more than five is a felony in the state. Having up to 20 plants can result in a 3 year sentence, while having up to 50 can result in a 5 year sentence.

Having more than 200 plants can send a person behind bars for 15 years.


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