Penalties for Marijuana Possession and Trafficking in Illinois
While Illinois legalized medical marijuana in 2013, the possession and sale of cannabis by non-registered users remains illegal. These drug charges can have a serious impact on your life, including your employability, your ability to secure loans, and child custody arrangements. Felony charges also carry mandatory minimum sentencing and heavy fines.
Cannabis Possession in Illinois
Like many states, the penalties for simple possession of marijuana have lessened in Illinois in recent years. If you are caught by law enforcement with 10 grams (.35 ounces) or less, it is a civil violation with a maximum fine of $200. Possession of 10 to 30 grams as a first offense is a misdemeanor charge, which can be punished by up to a year in jail and $2,500 in fines. Possession of any amount greater than 30 grams (1.06 ounces) constitutes a felony in Illinois. Penalties range from one to six years of incarceration for 30 to 500 grams (1.1 pounds), to four to 30 years for more than 5,000 grams (11 pounds). Felony possession fines cap at $25,000.
Marijuana Trafficking in Illinois
Consequences escalate for the sale of cannabis. Selling up to 10 grams is considered a misdemeanor, punishable up to a year and jail and $2,500 in fines. The sale of any quantity above 10 grams is a felony. Penalties range from one to six years of incarceration and $25,000 in fines for 10 to 30 grams to between 6 and 60 years and $200,000 in fines for more than 5,000 grams. These penalties increase for any sale on school grounds. Also, the transport of 2,500 grams or more into Illinois doubles the established mandatory minimum sentence.
How a Criminal Defense Lawyer Can Help
If you face a drug charge in Illinois, it is critical to enlist the help of an experienced defense attorney immediately. Your lawyer can first determine if your rights were violated, including whether police officers violated your rights against unreasonable search and seizure. If police misconduct took place, your attorney will likely ask for a full dismissal of the charges. A skilled lawyer can negotiate favorable terms such as probation or court supervision, especially if you are a first-time offender, or perhaps a plea agreement to drop a felony charge to a misdemeanor. They can give you a full assessment of your options once they review the facts of your case.
Contact a Joliet, IL Marijuana Charges Lawyer
At Law Offices of Tedone and Morton, P.C., we fight for the rights of our clients to achieve the best possible outcome in each case. To speak with a trusted Will County criminal defense attorney, call us at 815-666-1285 and schedule a free consultation. Sources:
- http://norml.org/laws/item/illinois-penalties