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Possession with Intent to Deliver Marijuana

Someone can be charged with possession with intent to deliver marijuana when one of the following is present: a large amount of marijuana, a large amount of money found with the marijuana, the type of packaging the marijuana is found in, customer lists and instruments such as a scale.

Penalties are more severe when there is an intent to deliver charge than just a pure possession charge. For instance, it is a felony starting at 10 grams with an intent to deliver charge instead of 30 grams for just possession.

A key strategy in defending possession with intent to deliver marijuana is challenging the evidence of intent. For example, you can do this by showing money found with the marijuana came from a legitimate source or that even a large amount of marijuana could be for personal use.

Please see the Drug Charges page for more defense strategies when facing a Possession with Intent to Deliver Marijuana charge.

These are the penalties for the amount of marijuana found from the Illinois state statute:

  • (720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
  • Sec. 5. It is unlawful for any person knowingly to manufacture, deliver, or possess with intent to deliver, or manufacture, cannabis. Any person who violates this section with respect to:
  • (a) not more than 2.5 grams of any substance containing cannabis is guilty of a Class B misdemeanor;
  • (b) more than 2.5 grams but not more than 10 grams of any substance containing cannabis is guilty of a Class A misdemeanor;
  • (c) more than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class 4 felony;
  • (d) more than 30 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class 3 felony for which a fine not to exceed $50,000 may be imposed;
  • (e) more than 500 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 2 felony for which a fine not to exceed $100,000 may be imposed;
  • (f) more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony for which a fine not to exceed $150,000 may be imposed;
  • (g) more than 5,000 grams of any substance containing cannabis is guilty of a Class X felony for which a fine not to exceed $200,000 may be imposed.
  • (Source: P.A. 90-397, eff. 8-15-97.)
PeteMichling