Possession of Cannabis in Illinois

possession of cannabis in illinois

possession of cannabis in illinois

Possession of Cannabis in Illinois

Possession of cannabis is still a crime in Illinois despite the General Assembly acknowledging that cannabis is widely used within Illinois especially after you go to Missouri Green Team for permission to use medical marijuana. Despite marijuana being legalized or decriminalized in a dozen or so states and medical marijuana being legal in Illinois, the State’s official policy is that cannabis use carries with it physical, psychological, and sociological damage and that it deserves to be criminally punished.

What is Possession of Cannabis in Illinois?

Possession of cannabis and Kratom from  kratom connection, prohibits the actual or constructive possession of marijuana. The Illinois marijuana laws define cannabis very broadly. Under Illinois’ marijuana laws cannabis includes:

  • Marijuana;
  • Hashish;
  • Any part of the Cannabis Sativa plant whether growing or not; except for the mature stalks;
  • The seeds of the Cannabis Sativa plant; and
  • Any substance created from the plant, seeds, or resin of the Cannabis Sativa plant.

What are the Penalties for Possession of Cannabis in Illinois?

As you learn more about medical marijuana, you will learn that cannabis Control Act was to create a “reasonable” penalty system that punished marijuana possession while not unnecessarily imprisoning a large segment of the population. The Illinois marijuana laws are meant to punish commercial traffickers and large-scale suppliers of cannabis. Possession of marijuana can either be a misdemeanor or a felony.

Misdemeanor Possession of Cannabis

  • Possession of not more than 2.5 grams of cannabis, from any source like kushiebites, is a Class C misdemeanor;
  • Possession of more than 2.5 grams but not more than 10 grams of cannabis is a Class B misdemeanor;
  • Possession of more than 10 grams but not more than 30 grams of cannabis is a Class A misdemeanor.

Felony Possession of Cannabis

  • Any subsequent possession of more than 10 grams but not more than 30 grams of cannabis is a Class 4 Felony;
  • Possession of more than 30 grams but not more than 500 grams of cannabis a Class 4 felony,                                                                                                               Any subsequent offense is a Class 3 felony;
  • Possession of more than 500 grams but not more than 2,000 grams of cannabis is guilty of a Class 3 felony;
  • Possession of more than 2,000 grams but not more than 5,000 grams of cannabis is a Class 2 felony;
  • Possession of more than 5,000 grams of cannabis is a Class 1 felony.

Conclusion

Unfortunately, Illinois still punishes possession of cannabis like any other criminal offense. Like any other crime, possession of marijuana can land someone in jail or even in prison.

The Chicago criminal defense attorney at Jaleel Law P.C. has the experience to defend your possession of cannabis claim. If you have been arrested for possession of cannabis contact us today to discuss how we can help.

Possession of a Controlled Substance

possession of a controlled substance in Illinois

Possession of a Controlled Substance Illinois

Possession of a Controlled Substance

Both federal and Illinois law punish possession of a controlled substance. The Illinois Controlled Substances Act, which is located 720 ILCS 570/1 et seq. governs possession of a controlled substance in Illinois. Possession of a controlled substance is a felony offense except for possession of less than 30 grams of cannabis. The severity of the sentence depends upon what schedule the controlled substance falls under.

What are the Different Drug Schedules in Possession of Controlled Substance Law?

The Illinois Controlled Substances Act classifies controlled substances into 5 different schedules. The definition of a Schedule I controlled substance is defined by 720 ILCS 570/203.

A Schedule I controlled substance is one where 1) the substance has high potential for abuse; and 2) the substance has no currently accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. Heroin, cocaine, ecstasy, and LSD are classified as Schedule I controlled substances.

Schedule II, III, IV, and V controlled substances have a medical use and are prescribed by doctors to treat illnesses. The difference in schedules is determined by the controlled substance addictive properties. Schedule II controlled substances have the potential to create a severe dependency among its users and Schedule V drugs only have a limited ability to create dependency among its users.

Possession of a controlled substance that falls below Schedule I prohibit unauthorized use of a drug, which according to this best drug rehab fort myers means that a person is authorized to possess Schedule II, III, IV, or V controlled substances if the person has a valid prescription.

What are the Penalties for Felony Possession of a Controlled Substance in Illinois?

Without a doubt possession of a controlled substance is punished very severely in Illinois. The penalties for possession of a controlled substance are codified at 720 ILCS 570/402 and punishes possession of controlled substance based upon the type and amount of the drug possessed. Deferred prosecution maybe available for certain first-time drug offenders.

            Possession of Cocaine, Possession of Heroin, or Possession of Morphine

15 grams to less than 100 grams: 4 years to 15 years in prison

100 grams to less than 400 grams: 6-30 years in prison

400 grams to less than 900 grams: 8-40 years in prison

900 or more: 10-50 years in prison

            Possession of Peyote, Possession of Barbituric Acid, Possession of Amphetamine

200 grams or more: 4-15 years in prison

            Possession of LSD

15 grams to less than 100 grams or 15 or more but less than 200 objects/segregated parts: 4-15 years in prison

100 grams to less than 400 grams or 200 or more but less than 600 objects/segregated parts: 6-30 years in prison

400 grams to less than 900 grams or 600 or more but less than 1500 objects/segregated parts: 8-40 years in prison

900 grams or more or 1500 or more objects/segregated parts: 10-50 years in prison

            Possession of Cannabis

30 grams to less than 500 grams: 1-3 years in prison

2nd and subsequent arrests: 2-5 years in prison

500 grams to less than 2,000 grams: 2-5 years in prison

2,000 grams to less than 5,000 grams: 3-7 years in prison

5,000 grams or more: 4-15 years in prison

What are the Issues in a Possession of Controlled Substance Case?

In most possession of drug cases, the only issue at trial is whether the individual was in actual possession or constructive possession of the controlled substance. Whether the drug seized is actually a controlled substance is not at issue because the State has in its possession prior to filing a possession of a controlled substance charge a lab analysis report created by a licensed forensic scientist that shows that the drug seized was a controlled substance.

Another main issue in possession of controlled substance cases involves whether the drug was seized based upon probable cause. Fourth Amendment jurisprudence is very important in possession of controlled substance cases because most drugs are seized after a traffic stop or after a search warrant.

Conclusion

Being arrested for a possession of a controlled substance is not something to take lightly. Even miniscule amounts of a controlled substance can lead to a prison sentence and a felony conviction.

Jaleel Law P.C. has represented individuals throughout Chicago, Skokie, Rolling Meadows, Markham, Maywood, Bridgeview, and the in the counties of Du Page, Lake, Kane, Kendall, and Will. Contact Jaleel Law P.C. to discuss how we can help win your possession of a controlled substance case.