Illinois Delivery of Cannabis to Persons Under 18 Years of Age

The Law – 720 ILCS 550/7

Any person who is at least 18 years of age who violates Section 5 of the Cannabis Control Act (Delivery of Cannabis) by delivering cannabis to:

  1. A person under the age of 18,

    AND

  2. The person being delivered the cannabis is at least 3 years younger than the person delivering the cannabis,
    may be sentenced to a term of imprisonment for a term up to twice the maximum term otherwise authorized by Section 5 of the Cannabis Control Act.

This law is in place to deter anyone over the age of 18 from delivering cannabis to anyone under the age of 18, especially if the person delivering the cannabis is at least 3 years older than the person receiving the cannabis. Noteworthy in this law is the absence of having the charged individual have actual knowledge that the person being delivered the cannabis is under the age of 18. Additionally, the statute makes the doubling of any prison term discretionary and up to the judge.

The Sentence

AMOUNT SENTENCE PRISON TERM DELIVERY TO UNDER 18 PRISON TERM

Up to 2.5 grams

Class B Misdemeanor

Up to 180 days in county jail

Up to 360 days in county jail

2.6 to 10 grams

Class A Misdemeanor

Up to 364 days in county jail

Up 728 days in state prison

10.1 to 30 grams

Class 4 Felony

1 to 3 years in state prison

2 to 6 years in state prison

30.1 to 500 grams

Class 3 Felony

2 to 5 years in state prison

4 to 10 years in state prison

500.1 to 2,000 grams

Class 2 Felony

3 to 7 years in state prison

6 to 14 years in state prison

2,000 to 5,000 grams

Class 1 Felony

4 to 15 years in state prison

8 to 30 years in state prison

5,000.1 grams or more

Class X Felony

6 to 30 years in state prison

12 to 60 years in state prison

Probation Possible? – Yes, depending on charge

Supervision Possible? – Yes, on Misdemeanor charges

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