Differing laws
State law
State statute sets the following stipulations for those found guilty of possession of marijuana:
not more than 2.5 grams is a Class C misdemeanor
2.5 -10 grams is a Class B misdemeanor
10-30 grams is a Class A misdemeanor; a subsequent offense is a Class 4 felony
more than 30-500 grams is a Class 4 felony; a subsequent offense is a Class 3 felony
more than 500-2,000 grams is a Class 3 felony
more than 2,000-5,000 grams is a Class 2 felony
more than 5,000 grams is a Class 1 felony
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Updated: August 6, 2012 11:48AM
The Chicago ordinance, which goes into effect Aug. 4, allows officers to issue $250 to $500 tickets to anyone caught in Chicago with 15 grams of marijuana or less. The maximum $500 fine would be assessed against anyone slapped with a second citation within a 30-day period.
Fines vary in suburban towns, and often are at discretion of a judge.
Clarendon Hills Police Sgt. Boyd Farmer Farmer said his officers are allowed discretion in issuing citations for marijuana possession, which carry a fine of up to $750, and may require some community service.
Oak Brook also has an ordinance calling for a $75 ticket and whatever else the judge decides, said officer Erica Huff said.
“Our officers do have discretion in writing these tickets, and it depends on circumstances, including prior incidents,” she said.
Those charged with marijuana possession under Hinsdale’s local ordinance can be penalized with a fine of up to $750, but no jail time. A judge decides the amount of the fine.
Although La Grange doesn’t have an ordinance governing possession of small amounts of marijuana, the village does have an ordinance banning possession of drug paraphernalia, such as pipes or bongs.
“The ordinance is a business offense, a step down from the statewide ordinance, which is a Class B misdemeanor, so it doesn’t go through the court system,” the chief said.
Offenders are issued a compliance ticket with a $30 fine, instead of paying $120 in court costs, plus whatever penalty is imposed.




