Cannabis Related Offenses

Cannabis Drug Charges Defense Lawyer in Naperville, IL

Cannabis, more commonly known as “weed”, “hashish”, or “marijuana”, is regulated by the Illinois Cannabis Control Act, located at 720 ILCS 550/1. The range of penalties for possessing cannabis, possessing cannabis with the intent to deliver, manufacturing cannabis, or delivering cannabis will be proportional to the total weight of the marijuana. The purity or the amount of the THC in the marijuana is not considered.

Further, the range of penalties depends on which agency is prosecuting you. For example, if you were to be arrested in the city of Naperville with a few grams of marijuana, you could be issued a Naperville City Ordinance violation, or you could be charged by the DuPage or Will County State’s Attorney’s Office with a criminal misdemeanor. If you were arrested for manufacturing and delivering marijuana, you will also frequently be charged by the DuPage or Will County State’s Attorney’s Office with unlawful possession of cannabis or possession with intent to deliver.

There are also potential “collateral consequences” to any plea of guilt. For example, if you are convicted for possessing or selling marijuana, you cannot obtain government student aid loans for a period of time. This collateral consequence has derailed the dreams of many aspiring college students who end up without the ability to fund their college education.

What is possession?

There are two types of possession. The first type of possession is called “actual possession”. That means you are actually holding or exercising direct physical control over the marijuana. The second type of possession is called “constructive possession”. That means you have the intent and capability to maintain control over the marijuana. What this translates to in English: You can be charged with possession of cannabis if it is in the back of your trunk, or on your dresser even though you are not directly holding it.

Punishment Table

Possession of Cannabis

  • Possession of cannabis less than 2.5g is a class C Misdemeanor, punishable by a fine of up to $1,500 and 30 days in jail. ($200 assessment)
  • Possession of cannabis 2.5g to 10g is a class B Misdemeanor, punishable by a fine of up to $1,500 and 6 months in jail. ($200 assessment)
  • Possession of cannabis 10g to 30g is a class A Misdemeanor, punishable by a fine of up to $2,500 and 1 year in jail. ($25,000 and 1-3 years in prison for subsequent offense) ($300 assessment)
  • Possession of cannabis 30g to 500g is a class 4 Felony, punishable by a fine of up to $25,000 and 1 -3 years in prison. ($25,000 and 2-5 years in prison for subsequent offense) ($500 assessment)
  • Possession of cannabis 500g to 2,000g is a class 3 Felony, punishable by a fine of up to $25,000 and 2-5 years in prison. ($500 assessment)
  • Possession of cannabis 2,000g to 5,000g is a class 2 Felony, punishable by a fine of up to $25,000 and 3-7 years in prison. ($1,000 assessment)
  • Possession of cannabis above 5,000g is a class 1 Felony, punishable by a fine of up to $25,000 and 4-15 years in prison. ($2,000 assessment)

Possession With Intent to Deliver, Sale, Manufacture or Delivery of Cannabis

  • Marijuana total weight less than <2.5g is a class B Misdemeanor, punishable by a fine of up to $1,500 and 6 months in jail.
  • Marijuana total weight of 2.5g to 10g is a class A Misdemeanor, punishable by a fine of up to $2,500 and 1 year in jail. ($300 assessment)
  • Marijuana total weight of 10g to 30g is a class 4 Felony, punishable by a fine of up to $25,000 and 1-3 years in prison. ($500 assessment)
  • Marijuana total weight of 30g to 500g is a class 3 Felony, punishable by a fine of up to $55,000 and 2-5 years in prison. ($500 assessment)
  • Marijuana total weight of 500g to 2,000g is a class 2 Felony, punishable by a fine of up to $100,000 and 3-7 years in prison. ($1,000 assessment)
  • Marijuana total weight of 2,000g to 5,000g is a class 1 Felony, punishable by a fine of up to $150,000 and 4-15 years in prison. ($2,000 assessment)
  • Possession of cannabis above 5,000g is a class X Felony, punishable by a fine of up to $200,000 and 6-30 years in prison. ($3,000 assessment)

In addition to the above listed fines, you could also be required to pay a DNA fee, a lab fee, or a “street value” fine, along with other fees. There are also mandatory drug assessment involved in each charge.

Cannabis and Paraphernalia Related Offenses (Ordinance Violation)

  • Ordinance Violation (Non-criminal offense).
  • Maximum Fine set by City Ordinance (For example, the City of Naperville may have a different fine than Downers Grove, Addison, Wheaton, or Glendale Heights).
  • Each City may have a different city Ordinance Code. For example, the City of Naperville’s Municipal Code prohibition against the possession of cannabis or paraphernalia is located at Title 10, Chapter 2, Section 3-1 (2 and 3).  For example, Wheaton’s is located in their Chapter 42, section 46.

Whether you’ve been charged with an ordinance violation for marijuana or a felony manufacturing and delivering of cannabis charge, you should contact a criminal defense attorney at the Law Office of Ken Wang LLC. in Naperville, DuPage County, Illinois. It is sometimes possible to walk away from a cannabis charge without a conviction on your record. We offer a free initial consultation. Evening and weekend consultations are also available by appointment.

LEGAL UPDATE FOR JULY 29, 2016

Illinois Decriminalizes Minor Amounts of Marijuana

Note – The above bill does not effect ORDINANCE VIOLATIONS.

Short version:

The Illinois Cannabis Control Act (720CS 550/4 IL) was amended to provide the following:

  • Unlawful Possession of Cannabis less than 2.5 grams became a civil law violation with a mandatory minimum fine of $100, and a maximum fine of $200. (Changed from <2.5 grams is a Class C Misdemeanor).
  • Unlawful Possession of Cannabis less than or equal to 10 grams became a civil law violation with a mandatory minimum fine of $100, and a maximum fine of $200. (Changed from 2.5 grams to 10 grams being a Class B Misdemeanor).
  • Unlawful Possession of Cannabis more than 10 grams but not more than 30 grams became a Class B Misdemeanor (Changed from 10 grams to 30 grams being a Class A Misdemeanor).
  • Unlawful Possession of Cannabis more than 30 grams but not more than 100 grams became a Class A Misdemeanor (Changed from 30 grams to 500 grams being a Class 4 Felony).
  • Unlawful Possession of Cannabis more than 100 grams but not more than 500 grams became a Class 4 Felony (Changed from 30 grams to 500 grams being a Class 4 Felony).

The Drug Paraphernalia Control Act (720 ILCS 600/3.5) was amended to provide that any paraphernalia seized along with a civil law amount of cannabis (less than or equal to 10 grams) also became a civil law violation with a minimum fine of $100 and a maximum fine of $200 (Changed from a Class A Misdemeanor with a minimum fine of $750 and a maximum fine of $2,500 along with the potential for 12 months imprisonment).  Paraphernalia which is seized along with a misdemeanor amount of cannabis (More than 10 grams) remains a Class A Misdemeanor.  *Interestingly enough, that means if you have paraphernalia on you, it is better to have 10 grams or less of cannabis on you too in case you get caught, because you will only face a civil ordinance violation.  If you have paraphernalia and no cannabis with you, it appears to still be a Class A Misdemeanor.  It is somewhat anomalous that a person possessing a pipe and a minor amount of cannabis is punished less than a person possessing the a pipe alone.

 

Related Articles

Illinois Decriminalizes Minor Amounts of Marijuana

Ordinance Violation Fines and the Decriminalization of Cannabis/Paraphernalia

Driving Under the Influence of Cannabis

Why Are Lawyers Sending Me Junk Mail After I’ve Been Arrested?

DISCLAIMER

The information on this page is for INFORMATIONAL PURPOSES ONLY. It does not equal or replace legal consultation with a qualified Illinois criminal defense attorney. The information on this page should not be relied upon as legal advice from the Law Office of Ken Wang LLC. in Naperville, DuPage County, Illinois.