Delivery of Cannabis Under Illinois Law 720 ILCS 550/5
Illinois has had laws regulating the possession and delivery of cannabis for decades. However, with the legalization of recreational cannabis in 2020 under the Cannabis Regulation and Tax Act, the landscape has changed significantly. While possession and use of cannabis is now legal for adults 21 and over, there are still laws prohibiting unlicensed delivery and sales. Let’s take a look at what Illinois law 720 ILCS 550/5 says about the delivery of cannabis in the state.
Overview of 720 ILCS 550/5
720 ILCS 550/5 sets out the main laws regarding the unlawful delivery and possession with intent to deliver cannabis in Illinois. It provides penalties based on the amount of cannabis involved, with higher penalties for larger amounts. The law also distinguishes between licensed, legal delivery and unlicensed delivery.
Here are some key points about 720 ILCS 550/5:
- Makes it illegal to knowingly manufacture, deliver, or possess with intent to deliver cannabis (with some exceptions under the Cannabis Regulation and Tax Act and Industrial Hemp Act).
- Provides penalties ranging from a Class B misdemeanor to a Class X felony depending on the amount.
- Harsher penalties for delivering cannabis on school grounds or to minors.
- Exceptions for licensed cannabis businesses operating under the Cannabis Regulation and Tax Act.
So in summary, 720 ILCS 550/5 prohibits unlicensed delivery and sales of cannabis, while carving out exceptions for state-licensed businesses. The penalties get harsher as the amount of cannabis increases.
Penalties Under 720 ILCS 550/5
The penalties under 720 ILCS 550/5 range from a Class B misdemeanor to a Class X felony. Here’s an overview of the penalties:
- 0-2.5 grams – Class B misdemeanor, punishable by up to 6 months in jail and/or a $1,500 fine
- 2.5-10 grams – Class A misdemeanor, up to 1 year in jail and/or $2,500 fine
- 10-30 grams – Class 4 felony, 1-3 years in prison and/or fine up to $25,000
- 30-500 grams – Class 3 felony, 2-5 years in prison and/or fine up to $50,000
- 500-2000 grams – Class 2 felony, 3-7 years in prison and/or fine up to $100,000
- 2000-5000 grams – Class 1 felony, 4-15 years in prison and/or fine up to $150,000
- 5000+ grams – Class X felony, 6-30 years in prison and/or fine up to $200,000
As you can see, the penalties get much harsher as the amount of cannabis increases. Even a relatively small amount of 30-500g is punishable by 2-5 years in prison under Illinois law. The most severe penalty is 6-30 years for 5000g or more.
Penalties for Delivery Near Schools
720 ILCS 550/5.2 provides enhanced penalties for delivering cannabis on school grounds or within 500 feet of school property. This includes vehicles used to transport students.
For these school zone violations, the penalty is one class higher than it otherwise would be. For example, delivery of 3 grams near a school jumps from a Class A misdemeanor to a Class 4 felony.
These school zone enhancements demonstrate how seriously Illinois takes cannabis offenses around children and schools. Violators can face felony charges and prison time even for small amounts that would normally only be a misdemeanor.
Exceptions for Licensed Cannabis Businesses
The Cannabis Regulation and Tax Act, which legalized recreational cannabis, allows licensed dispensaries to deliver cannabis to customers. These state-regulated businesses are exempt from the prohibitions in 720 ILCS 550/5.However, unlicensed dealers delivering cannabis are still subject to harsh penalties, even though the product itself is legal. Illinois strictly regulates the cannabis industry, including limiting delivery to approved license holders.
The black market sale and delivery of cannabis continues to be prohibited and penalized under 720 ILCS 550/5. Only businesses that go through the licensing process can legally deliver cannabis products.
Defenses to Cannabis Delivery Charges
If you’ve been charged with illegal cannabis delivery under 720 ILCS 550/5, there may still be defenses available:
- Lack of intent – If you can show you never intended to actually deliver or sell the cannabis, you may be able to fight the charges. For example, if it was for personal use rather than sale.
- Entrapment – If police coerced or induced you into committing a delivery crime you otherwise wouldn’t have, an entrapment defense may apply.
- Misidentification – If police mistakenly identified you or the substance found, you may be able to challenge the charges.
- Unlawful search – If the cannabis was discovered through an unconstitutional search, the evidence could potentially be suppressed.
- Medical cannabis – There may be a valid medical defense if you were delivering medically prescribed cannabis to a registered patient.
A knowledgeable cannabis criminal defense attorney can assess the specifics of your case and determine if any defenses like these apply. Don’t assume that just because cannabis is legal, delivery charges are hopeless.
Recent Changes and Proposed Legislation
Illinois cannabis laws continue to evolve, even after legalization. Some recent changes related to delivery under 720 ILCS 550/5 include:
- Medical cannabis – The Cannabis Regulation and Tax Act allows licensed dispensaries to deliver medical cannabis to registered patients. This carved out an exception to the delivery prohibitions.
- Local opt-out – Municipalities can opt-out of allowing cannabis businesses to operate locally. This impacts access to legal delivery options.
- Expungement – Delivery charges for amounts decriminalized under 720 ILCS 550/5 may now be eligible for expungement.
In addition, more changes could be coming soon:
- Delivery licenses – Illinois may start issuing standalone delivery licenses separate from dispensary licenses. This would expand legal delivery options.
- Public consumption – There are proposals to allow legal cannabis consumption lounges. This could potentially enable on-site delivery at such venues.
- Home grow – Bills have been introduced to allow limited home cultivation. This could impact the demand for black market delivery services.
As public attitudes toward cannabis continue to shift, we may see additional reforms to laws like 720 ILCS 550/5. But for now, unlicensed delivery still carries stiff penalties. Anyone facing charges should consult an attorney.
Conclusion
720 ILCS 550/5 prohibits the unlicensed delivery of cannabis in Illinois. Penalties range from misdemeanors to felonies based on the amount. Delivery near schools draws even harsher penalties. Licensed cannabis businesses are exempt under the Cannabis Regulation and Tax Act. But for unlicensed dealers, the delivery and sale of cannabis remains illegal. Anyone charged with delivery crimes should consider defenses and consult a criminal defense lawyer. As more states legalize cannabis, delivery laws are likely to keep evolving.