Illinois Compiled Statutes
720 ILCS 550/8 (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 produce the Cannabis sativa plant or to possess such plants unless production or possession has been authorized pursuant to the provisions of Section 11 or 15
✓ current as of May 2026
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(720 ILCS 550/8)
(from Ch. 56 1/2, par. 708) (Text of Section before amendment by P.A. 104-131) Sec. 8. Except as otherwise provided in the Cannabis Regulation and Tax Act and the Industrial Hemp Act, it is unlawful for any person knowingly to produce the Cannabis
sativa plant or to possess such plants unless production or possession
has been authorized pursuant to the provisions of Section 11 or 15.2 of the Act.
Any person who violates this Section with respect to production or possession of: (a) Not more than 5 plants is guilty of a civil | violation punishable by a minimum fine of $100 and a maximum fine of $200. The proceeds of the fine are 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 State Treasurer 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 5, but not more than 20 plants, is | guilty of a Class 4 felony. |
(c) More than 20, but not more than 50 plants, is | guilty of a Class 3 felony. |
(d) More than 50, but not more than 200 plants, is | guilty of a Class 2 felony for which a fine not to exceed $100,000 may be imposed and for which liability for the cost of conducting the investigation and eradicating such plants may be assessed. Compensation for expenses incurred in the enforcement of this provision shall be transmitted to and deposited in the treasurer's office at the level of government represented by the Illinois law enforcement agency whose officers or employees conducted the investigation or caused the arrest or arrests leading to the prosecution, to be subsequently made available to that law enforcement agency as expendable receipts for use in the enforcement of laws regulating controlled substances and cannabis. If such seizure was made by a combination of law enforcement personnel representing different levels of government, the court levying the assessment shall determine the allocation of such assessment. The proceeds of assessment awarded to the State treasury shall be deposited in a special fund known as the Drug Traffic Prevention Fund. |
(e) More than 200 plants is guilty of a Class 1 | felony for which a fine not to exceed $100,000 may be imposed and for which liability for the cost of conducting the investigation and eradicating such plants may be assessed. Compensation for expenses incurred in the enforcement of this provision shall be transmitted to and deposited in the treasurer's office at the level of government represented by the Illinois law enforcement agency whose officers or employees conducted the investigation or caused the arrest or arrests leading to the prosecution, to be subsequently made available to that law enforcement agency as expendable receipts for use in the enforcement of laws regulating controlled substances and cannabis. If such seizure was made by a combination of law enforcement personnel representing different levels of government, the court levying the assessment shall determine the allocation of such assessment. The proceeds of assessment awarded to the State treasury shall be deposited in a special fund known as the Drug Traffic Prevention Fund. |
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (Text of Section after amendment by P.A. 104-131) Sec. 8. Except as otherwise provided in the Cannabis Regulation and Tax Act and the Industrial Hemp Act, it is unlawful for any person knowingly to produce the Cannabis sativa plant or to possess such plants unless production or possession has been authorized pursuant to the provisions of Section 11 or 15.2 of the Act. Any person who violates this Section with respect to production or possession of: (a) Not more than 5 plants is guilty of a civil | violation punishable by a minimum fine of $100 and a maximum fine of $200. The proceeds of the fine are 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 State Treasurer 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 5, but not more than 20 plants, is | guilty of a Class 4 felony. |
(c) More than 20, but not more than 50 plants, is | guilty of a Class 3 felony. |
(d) More than 50, but not more than 200 plants, is | guilty of a Class 2 felony for which a fine not to exceed $100,000 may be imposed and for which liability for the cost of conducting the investigation and eradicating such plants may be assessed. Compensation for expenses incurred in the enforcement of this provision shall be transmitted to and deposited in the treasurer's office at the level of government represented by the Illinois law enforcement agency whose officers or employees conducted the investigation or caused the arrest or arrests leading to the prosecution, to be subsequently made available to that law enforcement agency as expendable receipts for use in the enforcement of laws regulating controlled substances and cannabis. If such seizure was made by a combination of law enforcement personnel representing different levels of government, the court levying the assessment shall determine the allocation of such assessment. The proceeds of assessment awarded to the State treasury shall be deposited in a special fund known as the State Police Operations Assistance Fund. |
(e) More than 200 plants is guilty of a Class 1 | felony for which a fine not to exceed $100,000 may be imposed and for which liability for the cost of conducting the investigation and eradicating such plants may be assessed. Compensation for expenses incurred in the enforcement of this provision shall be transmitted to and deposited in the treasurer's office at the level of government represented by the Illinois law enforcement agency whose officers or employees conducted the investigation or caused the arrest or arrests leading to the prosecution, to be subsequently made available to that law enforcement agency as expendable receipts for use in the enforcement of laws regulating controlled substances and cannabis. If such seizure was made by a combination of law enforcement personnel representing different levels of government, the court levying the assessment shall determine the allocation of such assessment. The proceeds of assessment awarded to the State treasury shall be deposited in a special fund known as the State Police Operations Assistance Fund. |
(Source: P.A. 104-131, eff. 9-1-26.)
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1997–2026 · leading case: People v. Kratovil, 815 N.E.2d 78 (Ill. App. Ct. 2004).
People v. Kratovil, 815 N.E.2d 78 (Ill. App. Ct. 2004). “JUSTICE GILLERAN JOHNSON delivered the opinion of the court: Following a stipulated bench trial, the defendant, Brenda Kratovil, was found guilty of unlawful possession of Cannabis sativa plants (720 ILCS 550/8(c) (West 2002)), a Class 3 felony, and sentenced to 12 months’…”
People v. Ross, 2017 IL App (4th) 170121 (Ill. App. Ct. 2017). “2, 5(e) (West 2014)) and the unauthorized production or possession of cannabis sativa plants ( 720 ILCS 550/8(d) (West 2014)). The charges against both defendants arose out of the same underlying set of facts.”
People v. Rubino, 711 N.E.2d 445 (Ill. App. Ct. 1999). “Williams, were each charged by indictment with unlawful possession of Cannabis sativa plants (720 ILCS 550/8(b) (West 1996)) and unlawful possession of cannabis (720 ILCS 550/4(d) (West 1996)).”
People v. Ward, 762 N.E.2d 685 (Ill. App. Ct. 2002). “JUSTICE GOLDENHERSH delivered the opinion of the court: David Ward (defendant) was arrested and charged by information with the unauthorized production of more than 50 Cannabis sativa plants (720 ILCS 550/8(d) (West 1998)). Defendant filed a motion to suppress all evidence…”
People v. Ross, 2017 IL App (4th) 170121 (Ill. App. Ct. 2018). “2, 5(e) (West 2014)) and the unauthorized production or possession of cannabis sativa plants (720 ILCS 550/8(d) (West 2014)). The charges against both defendants arose out of the same underlying set of facts.”
People v. Burris, 734 N.E.2d 161 (Ill. App. Ct. 2000). “Defendant was convicted following a jury trial of unlawful possession of cannabis with intent to deliver (720 ILCS 550/5(d) (West 1998)) and unlawful production of cannabis sativa plants (720 ILCS 550/8(b) (West 1998)). Lawrence Tankus represented defendant during pretrial…”
People v. Finley, 687 N.E.2d 1154 (Ill. App. Ct. 1997). “h the offense of unlawful possession with intent to deliver more than 1 gram but less than 15 grams of cocaine in violation of section 401(c)(2) of the Illinois Controlled Substances Act (the Act) (720 ILCS 570/ 401(c)(2) (West 1992)) and the offense of unlawful production of…”
People v. Wall, 2016 IL App (5th) 140596 (Ill. App. Ct. 2016). “OPINION ¶1 After a stipulated bench trial in the circuit court of Williamson County, defendant, Robert Wall, was found guilty of production of cannabis sativa plants (720 ILCS 550/8(c) (West 2010)) and sentenced to 24 months’ intensive probation as agreed upon by the parties and…”
People v. Wall, 2016 IL App (5th) 140596 (Ill. App. Ct. 2016). “OPINION ¶1 After a stipulated bench trial in the circuit court of Williamson County, defendant, Robert Wall, was found guilty of production of cannabis sativa plants (720 ILCS 550/8(c) (West 2010)) and sentenced to 24 months' intensive probation as agreed upon by the parties and…”
People v. Kratovil (Ill. App. Ct. 2004). “______________________________________________________________________________ JUSTICE GILLERAN JOHNSON delivered the opinion of the court: Following a stipulated bench trial, the defendant, Brenda Kratovil, was found guilty of unlawful possession of Cannabis sativa plants (720…”
People v. Guth, 2023 IL App (4th) 230240-U (Ill. App. Ct. 2023). “7(a)(1)), and unauthorized possession of cannabis sativa plants (720 ILCS 550/8(b) (West 2018)). The charges followed an incident during which defendant was alleged to have strangled his wife and used a handgun to assault her.”
People v. Portuguez, 2020 IL App (4th) 170760-U (Ill. App. Ct. 2020). “¶1 In August 2015, as the result of a consensual search of defendant Gilberto Portuguez’s residence conducted in December 2013, defendant was charged with unlawful production of cannabis sativa plants (720 ILCS 550/8(d) (West 2012)) in that he knowingly possessed more than 50…”
— 720 ILCS 550/8(b) — 6 cases
People v. Rubino, 711 N.E.2d 445 (Ill. App. Ct. 1999). “Williams, were each charged by indictment with unlawful possession of Cannabis sativa plants (720 ILCS 550/8(b) (West 1996)) and unlawful possession of cannabis (720 ILCS 550/4(d) (West 1996)).”
People v. Burris, 734 N.E.2d 161 (Ill. App. Ct. 2000). “Defendant was convicted following a jury trial of unlawful possession of cannabis with intent to deliver (720 ILCS 550/5(d) (West 1998)) and unlawful production of cannabis sativa plants (720 ILCS 550/8(b) (West 1998)). Lawrence Tankus represented defendant during pretrial…”
People v. Guth, 2023 IL App (4th) 230240-U (Ill. App. Ct. 2023). “7(a)(1)), and unauthorized possession of cannabis sativa plants (720 ILCS 550/8(b) (West 2018)). The charges followed an incident during which defendant was alleged to have strangled his wife and used a handgun to assault her.”
People v. Guth, 2026 IL App (4th) 250635-U (Ill. App. Ct. 2026).
People v. Rubino (Ill. App. Ct. 1999).
— 720 ILCS 550/8(c) — 4 cases
People v. Kratovil, 815 N.E.2d 78 (Ill. App. Ct. 2004). “JUSTICE GILLERAN JOHNSON delivered the opinion of the court: Following a stipulated bench trial, the defendant, Brenda Kratovil, was found guilty of unlawful possession of Cannabis sativa plants (720 ILCS 550/8(c) (West 2002)), a Class 3 felony, and sentenced to 12 months’…”
People v. Wall, 2016 IL App (5th) 140596 (Ill. App. Ct. 2016). “OPINION ¶1 After a stipulated bench trial in the circuit court of Williamson County, defendant, Robert Wall, was found guilty of production of cannabis sativa plants (720 ILCS 550/8(c) (West 2010)) and sentenced to 24 months’ intensive probation as agreed upon by the parties and…”
People v. Wall, 2016 IL App (5th) 140596 (Ill. App. Ct. 2016). “OPINION ¶1 After a stipulated bench trial in the circuit court of Williamson County, defendant, Robert Wall, was found guilty of production of cannabis sativa plants (720 ILCS 550/8(c) (West 2010)) and sentenced to 24 months' intensive probation as agreed upon by the parties and…”
People v. Kratovil (Ill. App. Ct. 2004). “______________________________________________________________________________ JUSTICE GILLERAN JOHNSON delivered the opinion of the court: Following a stipulated bench trial, the defendant, Brenda Kratovil, was found guilty of unlawful possession of Cannabis sativa plants (720…”
— 720 ILCS 550/8(d) — 7 cases
People v. Ross, 2017 IL App (4th) 170121 (Ill. App. Ct. 2017). “2, 5(e) (West 2014)) and the unauthorized production or possession of cannabis sativa plants ( 720 ILCS 550/8(d) (West 2014)). The charges against both defendants arose out of the same underlying set of facts.”
People v. Ward, 762 N.E.2d 685 (Ill. App. Ct. 2002). “JUSTICE GOLDENHERSH delivered the opinion of the court: David Ward (defendant) was arrested and charged by information with the unauthorized production of more than 50 Cannabis sativa plants (720 ILCS 550/8(d) (West 1998)). Defendant filed a motion to suppress all evidence…”
People v. Ross, 2017 IL App (4th) 170121 (Ill. App. Ct. 2018). “2, 5(e) (West 2014)) and the unauthorized production or possession of cannabis sativa plants (720 ILCS 550/8(d) (West 2014)). The charges against both defendants arose out of the same underlying set of facts.”
People v. Finley, 687 N.E.2d 1154 (Ill. App. Ct. 1997). “h the offense of unlawful possession with intent to deliver more than 1 gram but less than 15 grams of cocaine in violation of section 401(c)(2) of the Illinois Controlled Substances Act (the Act) (720 ILCS 570/ 401(c)(2) (West 1992)) and the offense of unlawful production of…”
People v. Portuguez, 2020 IL App (4th) 170760-U (Ill. App. Ct. 2020). “¶1 In August 2015, as the result of a consensual search of defendant Gilberto Portuguez’s residence conducted in December 2013, defendant was charged with unlawful production of cannabis sativa plants (720 ILCS 550/8(d) (West 2012)) in that he knowingly possessed more than 50…”
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