Drug Assessment CA 720 ILCS 550/10.3
The Illinois Cannabis Control Act, 720 ILCS 550, contains provisions regarding fines and assessments for cannabis-related offenses. Section 10.3 specifically deals with mandatory assessments that must be paid by individuals convicted of certain cannabis offenses. This section was repealed in 2019, but it provides useful context for understanding cannabis penalties in Illinois.
Background on 720 ILCS 550/10.3
Section 10.3 of the Cannabis Control Act, prior to being repealed, required mandatory assessments for individuals convicted of cannabis offenses. Specifically, it stated that any person convicted of violating certain parts of the Act related to the possession, delivery, or manufacture of cannabis would be required to pay assessments based on the classification of offense:
- Class B or C misdemeanor – $200 assessment
- Class A misdemeanor – $300 assessment
- Class 4 felony – $500 assessment
- Any other felony – $1000 assessment
The assessments were deposited into the Spinal Cord Injury Paralysis Cure Research Trust Fund. This fund supports research to find a cure for spinal cord injury paralysis.Section 10.3 provided that the assessments were in addition to, and not in lieu of, any fines, restitution, or forfeitures ordered. In other words, the assessments were mandatory on top of any other financial penalties handed down as part of a conviction.The section also allowed the court to waive the assessment if the court determined that requiring payment would be unjust under the circumstances. However, this waiver provision was narrowly applied in most cases.
Repeal of 720 ILCS 550/10.3
In 2019, Illinois enacted the Cannabis Regulation and Tax Act, which legalized the possession and use of cannabis by adults 21 and over. As part of this new legislation, section 10.3 of the Cannabis Control Act was repealed in its entirety.The repeal of section 10.3 eliminated the mandatory assessments that previously applied to cannabis convictions. However, fines and other financial penalties can still be imposed on individuals convicted of unlawful cannabis offenses in Illinois.For example, section 10 of the Cannabis Control Act still allows for fines up to $25,000 for felony cannabis convictions and up to $2,500 for misdemeanor convictions. The court has discretion in setting the specific fine amount based on factors like the nature of the offense and the defendant’s ability to pay.While section 10.3 was repealed, the Spinal Cord Injury Paralysis Cure Research Trust Fund still exists. It now receives funding from other sources, such as appropriations from the General Assembly.
Implications of Repealing 720 ILCS 550/10.3
The repeal of section 10.3 removed mandatory assessments that served as an additional punishment for those convicted of cannabis offenses in Illinois. This change reflects the state’s evolving views on the regulation of cannabis and elimination of criminal penalties for cannabis use and low-level possession.By repealing section 10.3, Illinois reduced the financial burden associated with cannabis convictions. Mandatory assessments in addition to fines and other penalties could result in substantial costs for those convicted, even for minor possession offenses.Eliminating section 10.3 assessments also allows courts more discretion in setting appropriate financial penalties based on the details of each case. Rather than requiring a set assessment amount, judges can now determine fines and fees based on factors like the severity of the offense and the defendant’s financial means.However, opponents note that repealing 10.3 reduced a source of funding for spinal cord injury research. Now that these mandatory assessments no longer apply to cannabis convictions, the Spinal Cord Injury Paralysis Cure Research Trust Fund receives less money from this revenue stream.Overall, the repeal of 720 ILCS 550/10.3 signals Illinois’ changing approach to cannabis regulation and enforcement. By eliminating mandatory assessments for cannabis convictions, Illinois has reduced penalties for cannabis offenses as part of its efforts to decriminalize cannabis use and possession.
Current Cannabis Penalties in Illinois
With the legalization of cannabis for adult use, penalties in Illinois are now focused on the unlawful possession, delivery, and sale of cannabis, rather than use itself. Key penalties include:
- Possession of between 10 and 30 grams, or delivery of less than 10 grams without payment, is a Class B misdemeanor punishable by up to 6 months in jail and/or a fine up to $1,500.
- Possession of between 30 and 100 grams, or delivery of 10 to 30 grams without payment, is a Class A misdemeanor punishable by up to 1 year in jail and/or a fine up to $2,500.
- Possession of between 100 and 500 grams is a Class 4 felony punishable by 1-3 years in prison and/or a fine up to $25,000.
- Possession of more than 500 grams is a Class 3 felony or higher depending on the amount, punishable by at least 2 years in prison and/or a fine up to $25,000 or higher.
- Sale or delivery of cannabis outside the regulated adult use market remains illegal and can be prosecuted as a Class 1 felony punishable by 4-15 years in prison and/or a fine up to $25,000.
Penalties are also enhanced for offenses near schools, public housing, and other protected locations. While section 10.3 no longer imposes additional mandatory assessments, significant fines and penalties can still apply to unlawful cannabis sales and possession in Illinois.
Conclusion
The repeal of 720 ILCS 550/10.3 eliminated mandatory assessments that previously applied to cannabis convictions in Illinois. This reflects the state’s evolving approach to cannabis regulation and enforcement. Penalties for unlawful cannabis activities remain, but courts now have more discretion in setting appropriate fines based on case details instead of requiring a fixed assessment amount. While section 10.3 is repealed, cannabis offenses still carry potentially severe penalties, especially for large-scale possession, delivery, and illegal sales. The repeal of section 10.3 reduces penalties for minor cannabis possession but does not decriminalize unlawful cannabis distribution and sales entirely in Illinois.