Illinois Delivery of Cannabis

The Law – 720 ILCS 550/5

It is unlawful for any person to knowingly manufacture, deliver or possesses with the intent to deliver, or manufacture, cannabis.

Success Story:

We had represented a client who was found to have had just over 100 grams of marijuana in his home. He was charged with possession of marijuana and possession of marijuana with intent to deliver. At trial, we were able to defend him by using evidence and argument that the over 100 grams were for his (extended) personal use, and he had no intent to sell or deliver any of the marijuana. His only intent was to use it personally. There were numerous factors we had to bring before the judge that went to this issue. Needless to say, with the “average” person rolling 2-3 joints from a gram of marijuana, we had an uphill battle to convince the judge how having the equivalent of 200-300 joints in his home was for “personal use”, but we were successful.

While the issue of recreational possession and use of small amounts of cannabis is being advocated nationwide and in Illinois, it is undebatable that the manufacturing or delivering of cannabis will remain illegal. Under the Illinois Delivery of Cannabis law, four acts are explicitly prohibited. These acts are: 1) manufacturing cannabis, 2) delivering (selling) cannabis, 3) possessing cannabis with the intent to deliver and 4) possessing cannabis with the intent to manufacture. Cannabis includes, but is not limited to: plants, stalks, oils and seeds related to the Cannabis plant.

As anticipated, the delivery or manufacturing of cannabis is punished much more severely than mere possession of cannabis. While delivering or manufacturing cannabis may be somewhat easy to prove, the state can have a much more difficult time proving that someone possessed cannabis with the intent to deliver. There are numerous facts or pieces of evidence that can allow a jury or judge to reasonably infer that someone possessed cannabis with the intent to distribute. While the recovery of large amounts of cannabis alone will often not be enough to prove that the possessor intended to deliver it, that large amount can be used in conjunction with other items of evidence to show an intent to deliver. Some evidence that can lead to a reasonable inference that the possessor intended to deliver the cannabis can include: a scale, large amounts of cash, items commonly used in the delivery of cannabis (i.e. small baggies) and the recovery of weapons.

Additionally, a conviction for manufacturing, delivering or possessing cannabis with the intent to deliver is punished more harshly if done within 1,000 feet of a school or school owned property. For example, delivering cannabis in a fast food parking lot that is across the street from a school will subject the individual to increased charges and sentences so long as the location of the delivery was within 1,000 feet of the school.

AMOUNT SENTENCE PRISON TERM MAXIMUM FINE WITHIN 1,000 FEET OF SCHOOL PROPRTY SENTENCE WITHIN 1,000 FEET OF SCHOOL PROPERTY PRISON TERM WITHIN 1,000 FEET OF SCHOOL PROPERTY FINE 

Up to 2.5 grams

Class B Misdemeanor

Up to 180 days in county jail

Up to $1,500

Class A Misdemeanor

Up to 364 days in county jail

Up to $2,500

2.6 to 10 grams

Class A Misdemeanor

Up to 364 days in county jail

Up to $2,500

Class 4 Felony

1 to 3 years in state prison

Up to $25,000

10.1 to 30 grams

Class 4 Felony

1 to 3 years in state prison

Up to $25,000

Class 3 Felony

2 to 5 years in state prison

Up to $50,000

30.1 to 500 grams

Class 3 Felony

2 to 5 years in state prison

Up to $50,000

Class 2 Felony

3 to 7 years in state prison

Up to $100,000

500.1 to 2,000 grams

Class 2 Felony

3 to 7 years in state prison

Up to $100,000

Class 1 Felony

4 to 15 years in state prison

Up to $200,000

2,000 to 5,000 grams

Class 1 Felony

4 to 15 years in state prison

Up to $150,000




5,000.1 grams or more

Class X Felony

6 to 30 years in state prison

Up to $200,000




 

Probation Possible? – Yes, depending on charge

Supervision Possible? – Yes, on Misdemeanor charges

Success Story: We had represented a client who was found to have had just over 100 grams of marijuana in his home. He was charged with possession of marijuana and possession of marijuana with intent to deliver. At trial, we were able to defend him by using evidence and argument that the over 100 grams were for his (extended) personal use, and he had no intent to sell or deliver any of the marijuana. His only intent was to use it personally. There were numerous factors we had to bring before the judge that went to this issue. Needless to say, with the “average” person rolling 2-3 joints from a gram of marijuana, we had an uphill battle to convince the judge how having the equivalent of 200-300 joints in his home was for “personal use”, but we were successful.

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James A. Payonk, Jr.

10705 W 159th St.
Orland Park, Illinois 60467

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