Illinois Compiled Statutes

720 ILCS 550/4 (2026)

Except as otherwise provided in the Cannabis Regulation and Tax Act and the Industrial Hemp Act, it is unlawful for any person knowingly to possess cannabis

✓ current as of May 2026
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(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
    Sec. 4. Except as otherwise provided in the Cannabis Regulation and Tax Act and the Industrial Hemp Act, it is unlawful for any person knowingly to possess cannabis.
    Any person who violates this Section with respect to:
        (a) not 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. Within 30 days after the deposit of the fine, the clerk shall distribute the proceeds of the fine as follows:
            (1) $10 of the fine to the circuit clerk and $10
        
of the fine to the law enforcement agency that issued the citation; the proceeds of each $10 fine distributed to the circuit clerk and each $10 fine distributed to the law enforcement agency that issued the citation for the violation shall be used to defer the cost of automatic expungements under paragraph (2.5) of subsection (a) of Section 5.2 of the Criminal Identification Act;
            (2) $15 to the county to fund drug addiction
        
services;
            (3) $10 to the Office of the State's Attorneys
        
Appellate Prosecutor for use in training programs;
            (4) $10 to the State's Attorney; and
            (5) any remainder of the fine to the law
        
enforcement agency that issued the citation for the violation.
        With respect to funds designated for the Illinois
    
State Police, the moneys shall be remitted by the circuit court clerk to the Illinois State Police within one month after receipt for deposit into the State Police Operations Assistance Fund. With respect to funds designated for the Department of Natural Resources, the Department of Natural Resources shall deposit the moneys into the Conservation Police Operations Assistance Fund;
        (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; provided, that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 4 felony;
        (d) more than 100 grams but not more than 500 grams
    
of any substance containing cannabis is guilty of a Class 4 felony; provided that if any offense under this subsection (d) is a subsequent offense, the offender shall be guilty of a Class 3 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.
    Fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed against a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 102-538, eff. 8-20-21; 103-379, eff. 7-28-23.)

    
Notes of Decisions
Cited in 327 cases (66 in the last 5 years), 1993–2026 · leading case: People v. Redmond, 2024 IL 129201 (Ill. 2024).
People v. Redmond, 2024 IL 129201 (Ill. 2024). · cites it 8× “(amending 720 ILCS 550/4). The Control Act maintained the same penalty structure regarding the possession of cannabis: the possession of not more than 10 grams of a substance containing cannabis remained a civil law violation, and the possession of more than 10 grams was…”
Fernandez v. Mukasey, 544 F.3d 862 (7th Cir. 2008). · cites it 6× “2000) (describing *870 elements of possession of cannabis in violation of 720 ILCS 550/4). Recidivism is the key ingredient in differentiating between a felony and a misdemeanor offense for drug possession under federal law.”
People v. Holliday, 2019 IL App (3d) 160315 (Ill. App. Ct. 2019). · cites it 6× “Defendant appeals, arguing that his conviction should be reduced to the civil law violation of possession of not more than 10 grams of a substance containing cannabis (720 ILCS 550/4(a) (West 2016) (effective July 29, 2016)) because the State’s evidence of the weight of the…”
People v. Schmalz, 740 N.E.2d 775 (Ill. 2000). · cites it 3× “The Cannabis Control Act provides in part that “[i]t is unlawful for any person knowingly to possess cannabis” (720 ILCS 550/4 (West 1996)); the Drug Paraphernalia Control Act provides in part that “[a] person who knowingly possesses an item of drug paraphernalia with the intent…”
People v. Chapman, 883 N.E.2d 510 (Ill. App. Ct. 2007). · cites it 4× “Chapman III, of possession of a controlled substance (less than 15 grams of a substance containing cocaine) and possession of cannabis (more than 30 but less than 500 grams) (720 ILCS 570/402(c) (West 2004); 720 ILCS 550/4(d) (West 2004)). The court sentenced him to two years'…”
People v. Easley, 680 N.E.2d 776 (Ill. App. Ct. 1997). · cites it 4× “720 ILCS 550/4 (West 1994). From our careful review of the record, we find the evidence was sufficient to prove the defendants guilty beyond a reasonable doubt.”
People v. Shaw, 2016 IL App (4th) 150444 (Ill. App. Ct. 2016). · cites it 2× “, guilty of possession of a controlled substance (cocaine) (720 ILCS 570/402(c) (West 2008)), possession of cannabis (720 ILCS 550/4(a) (West 2008)), and resisting or obstructing a peace officer (720 ILCS 5/31-1(a) (West 2008)).”
People v. Ledesma, 795 N.E.2d 253 (Ill. 2003). · cites it 2× “elivered the opinion of the court: Following simultaneous traffic stops of two vehicles resulting from an anonymous 911 tip and police observations based on that tip, defendants were charged with delivery of cannabis in violation of section 5(f) of the Cannabis Control Act (Act)…”
People v. Stribling, 2022 IL App (3d) 210098 (Ill. App. Ct. 2022). · cites it 2× “July 29, 2016) (amending 720 ILCS 550/4). Previously under the Act, possessing below 2.”
People v. Redmond, 2022 IL App (3d) 210524 (Ill. App. Ct. 2022). · cites it 3× “____________________________________________________________________________ OPINION ¶1 Following a traffic stop and subsequent search of his vehicle, the defendant, Ryan Shavar Don Redmond, was charged with unlawful possession of cannabis (720 ILCS 550/4(a) (West 2020)). He…”
People v. Littlejohn, 788 N.E.2d 339 (Ill. App. Ct. 2003). · cites it 2× “FACTS The defendant was sentenced to probation for unlawful possession of a controlled substance with intent to deliver (720 ILCS 570/402(c) (West 2000)) and unlawful possession of cannabis (720 ILCS 550/4(c) (West 2000)). In addition to probation, the trial court ordered the…”
People v. Hughes, 767 N.E.2d 958 (Ill. App. Ct. 2002). · cites it 2× “1997)) and unlawful possession of cannabis (720 ILCS 550/4(a) (West 1998)) for his actions on May 26, 1998.”
— 720 ILCS 550/4(a) — 92 cases
People v. Redmond, 2024 IL 129201 (Ill. 2024). “(amending 720 ILCS 550/4). The Control Act maintained the same penalty structure regarding the possession of cannabis: the possession of not more than 10 grams of a substance containing cannabis remained a civil law violation, and the possession of more than 10 grams was…”
People v. Holliday, 2019 IL App (3d) 160315 (Ill. App. Ct. 2019). “Defendant appeals, arguing that his conviction should be reduced to the civil law violation of possession of not more than 10 grams of a substance containing cannabis (720 ILCS 550/4(a) (West 2016) (effective July 29, 2016)) because the State’s evidence of the weight of the…”
Fernandez v. Mukasey, 544 F.3d 862 (7th Cir. 2008). “2000) (describing *870 elements of possession of cannabis in violation of 720 ILCS 550/4). Recidivism is the key ingredient in differentiating between a felony and a misdemeanor offense for drug possession under federal law.”
People v. Shaw, 2016 IL App (4th) 150444 (Ill. App. Ct. 2016). “, guilty of possession of a controlled substance (cocaine) (720 ILCS 570/402(c) (West 2008)), possession of cannabis (720 ILCS 550/4(a) (West 2008)), and resisting or obstructing a peace officer (720 ILCS 5/31-1(a) (West 2008)).”
People v. Schmalz, 740 N.E.2d 775 (Ill. 2000). “The Cannabis Control Act provides in part that “[i]t is unlawful for any person knowingly to possess cannabis” (720 ILCS 550/4 (West 1996)); the Drug Paraphernalia Control Act provides in part that “[a] person who knowingly possesses an item of drug paraphernalia with the intent…”
— 720 ILCS 550/4(a)(1) — 1 case
People v. Lymon, 2021 IL App (1st) 173182-U (Ill. App. Ct. 2021).
— 720 ILCS 550/4(b) — 43 cases
People v. Trimarco, 846 N.E.2d 1008 (Ill. App. Ct. 2006).
People v. Driggers, 853 N.E.2d 414 (Ill. 2006).
People v. Sweborg, 688 N.E.2d 144 (Ill. App. Ct. 1997).
People v. Redmond, 2024 IL 129201 (Ill. 2024). “(amending 720 ILCS 550/4). The Control Act maintained the same penalty structure regarding the possession of cannabis: the possession of not more than 10 grams of a substance containing cannabis remained a civil law violation, and the possession of more than 10 grams was…”
People v. Staple, 803 N.E.2d 586 (Ill. App. Ct. 2004).
— 720 ILCS 550/4(c) — 40 cases
People v. Littlejohn, 788 N.E.2d 339 (Ill. App. Ct. 2003). “FACTS The defendant was sentenced to probation for unlawful possession of a controlled substance with intent to deliver (720 ILCS 570/402(c) (West 2000)) and unlawful possession of cannabis (720 ILCS 550/4(c) (West 2000)). In addition to probation, the trial court ordered the…”
People v. Absher, 950 N.E.2d 659 (Ill. 2011).
People v. Easley, 680 N.E.2d 776 (Ill. App. Ct. 1997). “720 ILCS 550/4 (West 1994). From our careful review of the record, we find the evidence was sufficient to prove the defendants guilty beyond a reasonable doubt.”
People Ex Rel. Alvarez v. Skryd, 944 N.E.2d 337 (Ill. 2011).
People v. Bartimo, 803 N.E.2d 596 (Ill. App. Ct. 2004).
— 720 ILCS 550/4(d) — 83 cases
People v. Chapman, 883 N.E.2d 510 (Ill. App. Ct. 2007). “Chapman III, of possession of a controlled substance (less than 15 grams of a substance containing cocaine) and possession of cannabis (more than 30 but less than 500 grams) (720 ILCS 570/402(c) (West 2004); 720 ILCS 550/4(d) (West 2004)). The court sentenced him to two years'…”
People v. Mattis, 854 N.E.2d 1149 (Ill. App. Ct. 2006).
People v. Williams, 2013 IL App (4th) 110857 (Ill. App. Ct. 2013).
People v. Gaytan, 2013 IL App (4th) 120217 (Ill. App. Ct. 2013).
People v. Nitz, 863 N.E.2d 817 (Ill. App. Ct. 2007).
— 720 ILCS 550/4(e) — 18 cases
People v. Moore, 832 N.E.2d 431 (Ill. App. Ct. 2005).
People v. Brown, 798 N.E.2d 800 (Ill. App. Ct. 2003).
People v. Crane, 2020 IL App (3d) 170386 (Ill. App. Ct. 2020).
People v. Heather, 815 N.E.2d 1 (Ill. App. Ct. 2004).
People v. Snyder, 904 N.E.2d 625 (Ill. App. Ct. 2009).
— 720 ILCS 550/4(f) — 10 cases
People v. Ledesma, 795 N.E.2d 253 (Ill. 2003). “elivered the opinion of the court: Following simultaneous traffic stops of two vehicles resulting from an anonymous 911 tip and police observations based on that tip, defendants were charged with delivery of cannabis in violation of section 5(f) of the Cannabis Control Act (Act)…”
People v. Haddad, 2021 IL App (3d) 180545 (Ill. App. Ct. 2021).
People v. Powell, 798 N.E.2d 1252 (Ill. App. Ct. 2003).
People v. Webb, 2022 IL App (4th) 210726-U (Ill. App. Ct. 2022).
People v. Taylor, 2021 IL App (4th) 190735-U (Ill. App. Ct. 2021).
— 720 ILCS 550/4(g) — 21 cases
People v. Ortiz, 738 N.E.2d 1011 (Ill. App. Ct. 2000).
People v. Spyres, 835 N.E.2d 974 (Ill. App. Ct. 2005).
People v. Ray, 764 N.E.2d 173 (Ill. App. Ct. 2002).
People v. Sanchez, 2021 IL App (3d) 170410 (Ill. App. Ct. 2021).
People v. Baltazar, 691 N.E.2d 1186 (Ill. App. Ct. 1998).
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