Marijuana Possession, Illinois

Marijuana Possession in Illinois

In Illinois, under the Cannabis Regulation and Tax Act passed in 2020, an individual can legally possess cannabis (marijuana) for medicinal and recreational purposes. However, there are still restrictions on its usage and possession for recreational purposes. Laws are in place to ensure that it is consumed responsibly and not abused. As a result, it is still possible to be charged with a crime for possessing marijuana.

Illinois law regarding marijuana possession can be confusing. Failure to respect the laws can lead to severe penalties, so it is vital to understand them. In this article, we discuss marijuana possession laws, cover penalties for breaking them, and explain how our attorneys can help you if you are arrested for marijuana possession.

Marijuana Possession Laws in Illinois

 

Medical and recreational marijuana is legal in Illinois. However, many restrictions are imposed on its possession, especially in relation to age, the amount possessed, past criminal record, and the location where you were found to be in possession.

Marijuana Possession Law Applicable to Individuals Over 21 Years of Age

As per Section 4(a) of the Cannabis Control Act, a person under the age of 21 in possession of cannabis is in violation of civil law. A marijuana civil law violation may be punishable by a fine only. On the other hand, an Illinois resident above 21 can legally have the following cannabis products: 

  • 30 grams of cannabis flower

  • 5 grams of cannabis concentrate

  • 500 milligrams of Tetrahydrocannabinol (THC) with cannabis-infused products.

For non-residents, the legal amounts they can have are capped at:

  • 15 grams of cannabis flower

  • 2.5 grams of cannabis concentrate

  • 250 milligrams of Tetrahydrocannabinol (THC) infused products

Cultivation of Marijuana

Medical marijuana patients can grow cannabis plants. However, the law regulates how many plants can be grown. In Illinois, the limit is set at 5 plants per patient. Additionally, they have to be grown out of public view and out of reach of anyone who is under 21.

Transport Restrictions

You should not transport cannabis you buy in Illinois outside the state. Although transporting marijuana within the state is legal, driving while high off of marijuana is illegal. Notably, consuming marijuana inside a motor vehicle is illegal, whether stationary or moving. 

Transporting marijuana is legal only as long as it is not accessible to vehicle occupants and is packed in child-resistant containers.

Other Restrictions

Although Illinois legalized cannabis, users may only buy it at licensed dispensaries.

Consumption of marijuana in public, such as on the streets and school grounds, is illegal. Additionally, you cannot use marijuana at any place where smoking is prohibited under the Smoke-Free Illinois Act.

Penalties for Marijuana Possession in Illinois

The drug laws in Illinois are strict. There are harsh punishments for breaking the Cannabis Regulation and Tax Act. Below is the classification of cannabis possession charges:

Class A Misdemeanor

Possession of 30-100 grams is categorized as a Class A misdemeanor. Such a charge could lead to up to one year in jail and a maximum fine of $2,500. A subsequent offense is upgraded to a Class 4 felony charge.

Class 4 Felony

Possession of 100-500 grams is a Class 4 felony charge. Any Class 4 felony charge could lead to between 1 and 3 years in prison and a fine of up to $25,000.

Class 3 Felony

Possession between 500 to 2,000 grams is considered a Class 3 felony. A prison term of 2 to 5 years and a fine of up to $25,000 is applicable.

Class 2 Felony

Possession between 2,000 grams to 5,000 grams is a Class 2 felony. You could spend between 3 to 7 years in prison for a Class 2 felony. Fines up to $25,000 are also applicable.

Class 1 Felony

Possession above 5,000 grams is a Class 1 felony. You may face 4 to 15 years of prison time and up to $25,000 in fines for a Class 1 felony charge. 

The circumstances of your arrest could determine the criminal offenses and charges you face and the maximum fine applicable. Another determining factor is the amount of cannabis found in your possession. Transporting cannabis across state borders could lead to the criminal offense of drug trafficking. An attorney can help you prepare a strong defense strategy and try to minimize the penalties applicable to your case.

Defenses for Marijuana Possession Charges

Your attorney will examine the facts surrounding your case to determine potential defenses. The following are some of the possible defense strategies:

  • Illegal Search and Seizure: Police can’t search you or your belongings without probable cause or a warrant (with some exceptions). If the search that led to your arrest violated your rights, an attorney might be able to get the evidence thrown out of court.

  • Lack of Knowledge: You might be able to argue you didn’t know marijuana was present. This could apply if the marijuana was found somewhere you don’t have exclusive control over, like a shared apartment.

  • Lack of Possession: This defense argues you weren’t in actual control of the marijuana. Even if it was found near you, if it belonged to someone else and you weren’t aware of it, there might be grounds for dismissal.

  • Medical Marijuana: If you have a valid medical marijuana registration card and were using marijuana according to your allotment, the charges might be dropped.

  • First Offense Programs: Illinois offers court supervision programs for some first-time offenders. Completing such a program can lead to the charges being dismissed. 

It’s important to note that these defense strategies may not apply in all cases and a qualified attorney can advise you on the most effective defense strategy for your specific situation. It’s also important to remember that drug laws in Illinois are constantly evolving, so it’s crucial to stay informed about any changes in the law.

Facing Charges for Cannabis Possession? Contact Hirsch Law Group for Legal Representation Today!

A conviction for cannabis offenses could ruin almost every aspect of your life. It could lead to lost job opportunities due to a criminal record, jail or prison time, and heavy fines. An experienced criminal defense attorney may improve your chances of a favorable outcome.

drug conviction does not give a potential landlord a good impression of you either. Police officers and prosecutors may gather much evidence to prove your guilt. That is why our aggressive and experienced criminal defense attorneys use all their resources to defend your freedom.

Do not watch as a marijuana possession case destroys your career or family. Work with an attorney who understands criminal defense and drug laws in Illinois. We can help you create a strong defense strategy. Schedule a free initial consultation with the Hirsch Law Group today, and let us guide you in your fight.

One thing you can trust us on is that you are in charge; we fight until you say stop. If that sounds like what you need, contact us today!