Can People in Illinois Face Drug Charges Related to Marijuana?

 Posted on January 28, 2022 in Criminal Defense

On January 1, 2020, marijuana became legal for recreational use in Illinois. While the state had previously allowed marijuana to be used for medical purposes by people who had received a state-issued medical registration card, all adult residents of the state and visitors from other states are now allowed to possess and use marijuana. However, there are certain limits that apply to recreational use of marijuana, and people may still face drug charges if they violate the state’s marijuana laws.

Drug Charges for Possession or Distribution of Marijuana

The Illinois Cannabis Regulation and Tax Act made it legal for adults over the age of 21 to possess a certain amount of marijuana for recreational use. A person may possess up to:

• 30 grams of marijuana plants

• 500 milligrams of THC in marijuana-infused products

• 5 grams of concentrated cannabis

Adults who are not Illinois residents may possess up to half of the amounts listed above. Possession of cannabis or products containing THC in excess of the allowed amounts may result in criminal charges for marijuana possession. Possession of between 30 and 100 grams of marijuana is a Class A misdemeanor. Possession of more than 100 grams is a Class 4 felony, and more serious felony charges will apply for possession of 500 grams or more.

A person may also face criminal charges for drug distribution if they manufacture, sell, or deliver marijuana or marijuana products without the proper license. Manufacturing may include growing marijuana plants, packaging cannabis with the intent to sell or deliver it to others, or creating marijuana products such as cannabis oil or food products infused with THC. Possession of large amounts of marijuana may be considered possession with intent to deliver. In cases involving up to 2.5 grams of marijuana, a person may be charged with a Class B misdemeanor, and Class A misdemeanor charges may apply for between 2.5 and 10 grams. Manufacture or delivery of more than 10 grams is a felony offense.

People under the age of 21 are prohibited from possessing marijuana or products containing cannabis. In most cases, minors may be charged with a civil law violation rather than a criminal offense, and they may be fined between $100 and $200. If a minor was in possession of marijuana while in a vehicle, their driver’s license may be suspended.

Contact Our Cook County Drug Possession Defense Lawyers

Even though marijuana has been legalized in Illinois, there are some situations where drug charges may apply. Those who are facing these types of charges or any other charges related to the possession or distribution of controlled substances will want to secure representation from a skilled Chicago drug crimes defense attorney. Contact Luisi Legal Group today at 773-276-5541 to set up a free consultation and get legal help with your case.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=041007050HArt%2E+10&ActID=3992&ChapterID=35&SeqStart=2100000&SeqEnd=3200000

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1937&ChapterID=53