Can I Get in Trouble for Growing Marijuana in Illinois?

 Posted on July 20, 2024 in Drug Offenses

While marijuana is legal in Illinois for both recreational and medical purposes as of 2020, growing marijuana around your home may still lead to legal consequences. Depending on how much marijuana you are growing and whether or not you have a medical cannabis card, you may face serious penalties for growing marijuana in Illinois.

An experienced Illinois marijuana criminal offense lawyer can help you understand your rights if you are facing charges for growing marijuana around your home or apartment.

Growing Marijuana in Illinois – What is Legal?

In Illinois, people who have a medical cannabis card and are 21 years old or older can grow marijuana on their property. With a valid card, you can grow up to five marijuana plants that are five inches or taller within your home or apartment, provided you keep the plants in a locked room and out of sight of the public.

However, limitations do apply to this law that could make your marijuana growth illegal. Growing marijuana in Illinois is illegal when:

• You are growing marijuana in federally subsidized housing

• You do not have a medical cannabis card

• You are violating the terms of your lease or housing agreement

• You are growing more than five marijuana plants at a time

• You are distributing your homegrown marijuana

• You are allowing an individual under 21 years old access to your marijuana plants

Penalties for Growing Marijuana in Illinois

If you are caught growing marijuana illegally in Illinois, you could be facing a range of penalties including jail time and fines. How severe the punishment is for growing marijuana depends on how much marijuana is grown, if you are distributing the plant, or if someone under the age of 21 has access to it.

Additionally, if you are found to be growing marijuana in federally subsidized housing, you may face federal marijuana charges.

Penalties for growing marijuana illegally in Illinois include the following:

• For growing five plants or less for personal use without a medical cannabis card – Class A misdemeanor, with a fine of $200 and a potential for probation or less than a year of jail time

• For growing between five and 20 plants – Class 4 felony, punishable by between one and three years of jail time and a fine of up to $25,000

• For growing between 20 and 50 plants – Class 3 felony, punishable by between two and five years of jail time and a fine of up to $25,000

• For growing between 50 and 200 plants – Class 2 felony, punishable by between three and seven years in jail and a fine of up to $100,000

• For growing more than 200 plants – Class 1 felony, punishable by between four and fifteen years in jail and a fine of up to $100,000

Contact a Naperville, IL Marijuana Offense Lawyer

Even though marijuana has been legalized in Illinois, it does not mean that you can possess and grow as much as you would like. It is important to follow all state marijuana laws and contact a skilled Naperville, IL drug crimes defense attorney if you find yourself facing marijuana growing charges.

Attorney Nathe is familiar with the criminal process on both sides, and he will provide you with knowledgeable representation. Contact the Law Office of Philip R. Nathe at 630-416-7600 for a free consultation.