What Are the Penalties for Growing Marijuana in Illinois?

 Posted on May 22, 2019 in Drugs and Narcotics

Ten states in the United States plus Washington D.C. have legalized recreational marijuana, but Illinois is not one of them. Though the state may be getting closer to legalizing the substance, it is still considered a drug crime to possess weed. This includes the cultivation of cannabis plants.

There are serious consequences to possession of marijuana charges, but punishments for growing the plants are even worse. According to Illinois law, growing cannabis plants can be a misdemeanor or a felony charge with punishments varying according to the number of plants grown:

• Five or fewer plants: Class A misdemeanor charge, one year in prison and $2,500 in fines.
• Five-20 plants: Class 4 felony charge, up to six years in prison and $25,000 in fines.
• Over 20-50 plants: Class 3 felony charge, 2-10 years in prison and $25,000 in fines.
• Over 50-200 plants: Class 2 felony charge, 3-14 years in prison and $100,000 in fines.
• Over 200 plants: Class 1 felony charge, 4-30 years in prison and $1000,000 in fines.

Of course, there are more penalties that one may face if the prosecution discovers that the plants were grown with the intent to sell or distribute the cannabis.

According to the Illinois Cannabis Control Act, selling cannabis can be a misdemeanor or a felony charge with punishments increasing in severity depending upon the amount of cannabis sold.

Is a Drug Manufacturing Charge Defendable?

Recreational marijuana may be illegal in Illinois, but medicinal marijuana is legal with a doctor recommendation. However, individual cultivation is still illegal. If one is caught with cannabis plants, the defense can argue that the plants were made for medicinal purposes with no intent to sell or distribute the plants.

Other defense routes include:

• Prove that 4th Amendment rights were violated. Under the 4th Amendment of the Constitution, a person has the right to privacy from unwarranted intrusion of their home.
• Insanity
• Entrapment
• Duress or compulsion.

Contact a Chicago Drug Manufacturing Defense Attorney

The best defense for a marijuana cultivation charge is to enlist the help of a knowledgeable attorney who can look into how law enforcement collected their evidence against you. They can determine if your rights have been violated and what is the best course for defense. If you or someone you know has been charged with drug manufacturing, contact a Chicago drug crimes lawyer from Luisi Legal Group. For a free consultation, call 773-276-5541.

Sources:

https://norml.org/laws/item/illinois-penalties

https://statelaws.findlaw.com/illinois-law/illinois-marijuana-laws.html

https://statelaws.findlaw.com/illinois-law/illinois-drug-manufacturing-laws.html

https://www.law.cornell.edu/wex/fourth_amendment