DGAA bLAWg

Drug Possession in Illinois

Web Admin - Wednesday, June 17, 2015

drug possession, Illinois drug crimes lawyerThe punishment for illegal possession of controlled substances in Illinois includes significant jail or prison sentences and large fines. Controlled substances include drugs like cocaine and heroin, but also includes certain prescription medications. Further, in Illinois, the possession of marijuana for non-medical purposes is illegal. The penalties for marijuana possession are often equally as significant as those for illegal possession of a controlled substance. 

Possession and Distribution 

Drugs listed as controlled substances are placed on a schedule from one to five (listed as a roman numeral “I” through “V”) based on their addictive quality and potential for abuse. Schedule I controlled substances are considered the most dangerous and have no accepted medical use in the United States. Some examples of schedule I drugs are heroin and ecstasy. 

Under Illinois law, it is illegal to knowingly possess a controlled substance or marijuana. The specific charge an individual will face for alleged violation of this law depends on the type of drug and the amount possessed. The charge may be a Class A, B, or C misdemeanor, or a Class 1, 2, 3, or 4 felony. 

For controlled substances, the penalties range from probation, up to a 50-year prison sentence, with fines up to $200,000 or the street value of the drug, whichever is greater. Possessing 15 grams or less of a drug like heroin or cocaine can lead to up to a three-year prison sentence and a fine of up to $25,000. For marijuana, penalties range from probation up to a prison sentence of 15 years. Possessing 2.5 grams or less of marijuana can lead to a jail sentence of up to 30 days and a fine of up to $1,500. 

Distribution is considered more serious under Illinois law, particularly if a Class X felony is charged. These types of felonies are behind only first degree murder as the most serious in Illinois. There are mandatory minimum prison sentences and no possibility for probation under Class X felonies. Manufacturing or delivering, or possessing with the intent to manufacture or deliver, a controlled substance may be considered a Class X felony, depending on the drug and quantity involved. For example, delivering between 15 and 100 grams of heroin will lead to a minimum prison sentence of six years, with a maximum sentence of up to 30 years. 

Similarly, there are increased penalties for manufacturing or delivering marijuana. When 2.5 grams or less is involved, the jail sentence may be up to six months, as opposed to up to 30 days for simple possession. If more than 5,000 grams of any substance containing marijuana is involved, a Class X felony may be charged, with a potential fine of up to $200,000. 

Contact Our Criminal Defense Law Firm

The potential consequences of a drug charge conviction are very serious. If you have been charged with a drug crime, it is important that you contact an Illinois criminal defense attorney as quickly as possible. Our dedicated attorneys represent clients throughout the northwest suburbs, in areas such as Barrington, Des Plaines, and Deer Park.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.

Legally Possessing Medical Marijuana in Illinois

Web Admin - Friday, December 06, 2013

On August 1st, 2013, the Illinois legislature passed The Compassionate Use of Medical Cannabis Pilot Program Act, which allows the use of medical marijuana in Illinois. This bill, which goes into effect on January 1st of next year, expands access to marijuana for those with certain medical conditions. However, the law keeps it illegal for recreational purposes, and tries to maintain public safety by carefully regulating who uses the drug and how much is allowed.

Rules on Marijuana Use

The state legislature placed several restrictions on the legality of medical marijuana. The law allows people to obtain marijuana only if they have one of 33 illnesses listed in the Act. However, the law also gives the Illinois Department of Public Health (IDPH) the authority to add new diseases to the list as they see fit. The Act further limits the use of medical marijuana to people over the age of 18 who do not have a prior felony conviction. The legislature also attempted to control the spread of marijuana by requiring an Illinois ID card or driver’s license, so that people cannot travel to Illinois from other states just to get marijuana. Additionally, the Act forbids the use of marijuana in front of minor children.

How to Obtain Medical Marijuana

The process for acquiring medical marijuana eligibility contains three steps. First, a doctor must diagnose the patient with one of the 33 listed conditions, which include, among other diseases, cancer, glaucoma, HIV/AIDS, MS, and various pain disorders. Once the doctor diagnoses a patient with an eligible disorder, the patient can go to a medical marijuana clinic or other specialist to acquire a doctor’s recommendation for medical marijuana. The patient then takes that recommendation to the IDPH who will issue them an ID card that allows them to purchase medical marijuana.

Once the patient becomes eligible for medical marijuana, they can take their ID card to one of 60 state-regulated dispensaries, and use it to purchase up to 2.5 ounces of marijuana every two weeks. Patients should keep in mind that the state heavily controls the supply of medical marijuana, which means that it may take a few months after the bill goes into effect before the medical marijuana actually becomes available.

Legal Help

If you have questions about the legality of medical marijuana, or have been charged with a crime related to medical marijuana, contact an experienced Chicago drug defense attorney today. We serve many areas in the northwest suburbs including Schaumburg, Barrington, Des Plaines, Deer Park, Buffalo Grove, and more.


Recent Posts


Tags

preventable medical errors Des Plaines personal injury attorney fatal car accidents Chicago attorney Illinois registered agent denial of life insurance Rolling Meadows criminal lawyer Long Grove estate planning Barrington employment law attorney DUI penalities Palatine workers compensation lawyer Illinois Rolling Meadows DUI lawyer Illinois traffic laws Rolling Meadows probate lawyer boating under the influence denied insurance claims forming a corporation in Illinois defective products license revocation Illinois workplace discrimination attorney Chicago estate planning lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Rolling Meadows life insurance claim denial attorney advance healthcare directive traffic violations defense life insurance lawyer Schaumburg life insurance attorney Arlington Heights employment attorney Barrington Traffic Lawyer insurance attorney traffic offenses digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Chicago traffic lawyer insurance claim dispute Long Grove real estate lawyer boating accidents Illinois rollover accident lawyers new real estate form insurance claim denial DUI attorney Schaumburg criminal law attorney Rolling Meadows litigation lawyer brain injury food poisoning residential real estate criminal record estate tax subcontractor LLCs Crystal Lake employment attorney drunk driving statistics Illinois employment laws consent to a search Illinois DUI attorney Des Plaines Traffic Lawyer Buffalo Grove injury lawyer Illinois criminal defense attorney Exclusions drug crimes lawyer Schaumburg personal injury attorney Des Plaines motorcycle accident attorney Illinois workers compensation lawyer Illinois probate lawyer landlord natural gas explosion estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys IRA benefits operating agreements deadly crashes Illinois workers compensation attorney dog bites Buffalo Grove corporate attorney Schaumburg Des Plaines DUI attorney Illinois business law atorneys Crystal lake insurance dispute attorney Arlington Heights estate planning attorney traffic crimes defective products lawyer slip and fall Arlington Heights real estate lawyer insurance denials Buffalo Grove traffic lawyers underfunded trust ACA condo association Rolling Meadows real estate attorney Des Plaines real estate lawyer ObamaCare PTSD irrevocable trust estate planning attorney Barrington criminal defense lawyer Schaumburg car accident attorney Attorney Ken Apicella Inverness accident lawyer insurance agent negligence employment attorney jet ski natural gas insurance claims Crystal Lake law firm FSLA marijuana crimes attorney real estate contract Crystal Lake medical malpractice lawyer agent Arlington Heights car crash attorneys hit and run accident underage DUI Illinois employment attorneys Schaumburg estate planning lawyer insurance claim dispute attorney insurance claim comp time Illinois traffic attorney Palatine civil attorney sexual images head on collisions installment contracts driving pedestrian accidents in terrorem provision Arlington Heights Traffic Lawyer institutional trustee employees Palatine Attorney Des Plaines drug crimes lawyer pay when paid contract car accident fiduciary rule delay material misrepresentation Illinois civil litigation lawyer whistleblower protections life insurance policy appealing an insurance claim employee rights loss of consortium Crystal Lake estate planning lawyer license suspension Thanksgiving elder law Rolling Meadows traffic laws pedestrian injuries, pedestrian fatality Crystal Lake personal injury lawyer dealing with problem employees trucking accidents cause-of-death exclusions Schaumburg medical malpractice lawyer employment law, Illinois employment laws Chicago insurance law firm real estate leasing Schaumburg employment attorney cell phone accidents bicycle dooring accidents Chicago corporate attorney Inverness real estate attorney rollover accidents DMV Illinois speeding lawyer Rolling Meadows traffic attorney healthcare Whistleblower Claims financial advisors insufficient documentation Rolling Meadows personal injury lawyer probate fees Mount Prospect wills and trusts lawyers college kids Schaumburg elder law lawyer Inverness probate lawyer Illinois traffic attorneys Illinois elder law attorney South Barrington real estate lawyer modern family estate planning coronavirus dynasty trusts estate planning Barrington civil litigation attorney Illinois driving without license Inverness real estate lawyer cell phone tower data Do Not Resuscitate ken apicella Des Plaines personal injury lawyer overtime violations Buffalo Grove car accident lawyer Des Plaines claims law firm construction accidents Rolling Meadows traffic law firm pedestrian-automobile accident Buffalo Grove traffic attorney traumatic brain injury car accident lawyer Schaumburg corporate attorney Palatine elder law attorney Kenilworth estate planning attorneys Illinois workplace lawyer CAM Barrington criminal lawyer Illinois personal injury attorney lapse in policy Palatine personal injury lawyer tax attorney mass shooting Buffalo Grove personal injury attorney Arlington Heights wills and trusts attorneys car accidents insurance adjusters Des Plaines medical malpractice attorney Chicago will attorney employee discrimination Schaumburg Attorney Buffalo Grove employment lawyer car accident lawyers Rolling Meadows corporate lawyer Crystal Lake civil litigation lawyer Crystal Lake medical malpractice attorneys living trust benefits Buffalo Grove medical malpractice lawyers loopholes trauma after an accident federal crimes Illinois employment law firm Arlington Heights wills and trusts lawyer trusts Illinois trusts attorney Arlington Heights trucking lawyer Barrington estate planning attorney Palatine corporate attorney icy parking lots controlled substance landlord tenant law creditors Illinois law murder defense Deer Park accident attorney Crystal Lake traffic lawyer Super Mario owner responsibility Illinois trucking safety first degree murder employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, products liability Buffalo Grove personal injury lawyer trucking accident lawyers Fourth of July pedestrian accident Des Plaines Des Plaines accident attorney Schaumburg employment law attorneys Illinois insurance claims lawyers insurance denial appeals wrongful death Crystal Lake pet attorney probate process power of attorney speeding insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Illinois insurance dispute lawyers Illinois Probate Act of 1975 Illinois red light cameras auto accidents Mount Prospect elder law attorney TBI Deer Park workers compensation lawyer workplace sexual harassment Employment Discrimination Law real estate zoning traffic accidents Illinois Human Rights Act holiday statistics living trust Palatine employment lawyer real estate attorneys revenge porn criminal defense Legal Info estate planning lawyer Crystal Lake employment lawyer Forcible Entry Rolling Meadows insurance attorney Des Plaines personal injury lawyers commercial real estate Rolling Meadows accident lawyer Chicago estate planning Chicago car accident lawyer Riverwoods estate planning lawyer Chicago employment attorney Illinois motorcycle accident lawyer deed transfer Illinois jet ski accident lawyer Illinois medical malpractice attorney workers comp Illinois pedestrian accident attorney denial of insurance claim anesthesia errors Deer Park real estate law firm Inverness insurance attorney liens Inverness traffic law firm Food and Drug Administration's Food Safety Modernization Act Chicago biking tips probate digital assets Inverness injury lawyer Retaliatory Discharge living trust vs will vacation home drunk driving problem employees Crystal Lake pedestrian accident lawyer low-ball insurance settlement Crystal Lake car accident attorney Joliet general practice lawyers Buffalo Grove life insurance attorney Transfer on Death Instrument wage theft medical malpractice compensation Barrington life insurance lawyer swimming pools personal injury accidents drugs living wills Deer Park traffic accident attorney Barrington employment law firm commercial leases comparative negligence Barrington litigation attorney Schaumburg real estate lawyer Crystal Lake bike accident lawyer right to work Inverness civil lawyer pain and suffering guardianship attorney murder real estate minimum wage civil litigation fiduciary rule license reinstatement surgical mistakes South Barrington real estate attorney Schaumburg insurance lawyers car collision Home Sale Contingencies BAIID Des Plaines drug lawyer employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys IRS Illinois employment law attorneys accidental death benefits crossover accidents attorney fees contracts Illinois estate planning attorney Barrington Illinois estate planning lawyer back injuries Arlington Heights accident attorney digital information Palatine estate planning lawyer bicycle accidents Illinois insurance lawyer Barrington injury attorney Arlington Heights pedestrian accidents Long Grove real estate attorney caregiver disability benefits healthcare claims uninsured motorist Colin Gilbert premises liability Crystal Lake injury attorney digital evidence Arlington Heights insurance attorney foreclosure automated cars Illinois wrongful termination lawyer boating DUI medical malpractice Illinois employment lawyer Des Plaines tax law firm Palatine law firm paid sick leave car crash injuries Long Grove wills and trusts attorneys personal injury attorney golf accidents Deer Park traffic lawyer medical malpractice claims clemency Illinois employment law attorney overtime pay Kenilworth estate planning attorney pet bites pizza emoji work unions Arlington Heights traffic attorney most common reasons for life insurance claim denials rent to own real estate contracts Crystal Lake personal injury attorney Rolling Meadows marijuana attorney rollover car crashes Illinois traffic ticket lawyer Illinois business lawyer insurance dispute attorney Illinois will lawyer GM ignition switches employment law job lawyers Arlington Heights personal injury attorney Schaumburg personal injury lawyer Buffalo Grove law firm Arlington Heights employment law attorneys Chicago life insurance attorney Des Plaines pet law attorney Illinois collections attorney workers compensation investment property underinsured motorist Illinois lawyer Illinois Sales Representative Act real estate lawyer Deer Park motorcycle accident lawyer bike accident Illinois insurance disputes Illinois medical malpractice claim health insurance dispute hiring employees Des Plaines criminal attorney Palatine injury attorney insurance claim delay bad faith insurance claims pregnant women car crashes Palatine punch death estate attorney Arlington Heights criminal lawyer Schaumburg injury lawyer Illinois job attorney Crystal Lake medical malpractice law firm Schaumburg probate attorney insurance dispute Illinois estate planning law firm Palatine corporate law attorneys license privacy laws Policy Cancellation medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Barrington medical malpractice lawyers homestead rights BUI spinal cord injury Inverness corporate attorney Illinois employee rights attorney. Illinois real estate lawyer Barrington workers compensation attorney medical research estate plan Chicago lawyer trench injuries Arlington Heights medical malpractice lawyer personal injury claims Palatine civil litigation lawyer Arlington Heights TBI attorney Rolling Meadows employment attorney Schaumburg wrongful death attorney Crystal Lake accident attorney Palatine employment law lawyer Barrington estate planning lawyer Buffalo Grove criminal defense lawyer Detainer Actions Palatine criminal defense lawyer capital gains tax fault based insurance DGAA texting while driving Rolling Meadows personal injury lawyers expungement workers compensation benefits Palatine traffic accidents Illinois Transfer on Death Instrument Schaumburg civil litigation attorney estate planning for college students Des Plaines real estate attorney condo DUI Schaumburg construction accident lawyer distracted driving accident victims Schaumburg criminal attorney Schaumburg estate attorney Rolling Meadows drug defense attorney life insurance claim denial, denial of life insurance claim Crystal Lake criminal defense attorney nursing home negligence Illinois injury lawyer Arlington Heights Attorney manufacturing personal injury law firm Barrington employment attorney Barrington personal injury lawyer Rolling Meadows Attorney eluding a police officer rumble strips corporate law Rolling Meadows criminal attorney criminal cell phone Illinois pet lawyer sole proprietorship Deer Park employment law attorney POA Illinois defective products attorney Crystal Lake business law attorneys Illinois attorney DNR mortgage unpaid assessment breach of contract construction contracts Long Grove estate planning attorneys blood alcohol content Schaumburg traffic lawyer Rolling Meadows Traffic Lawyer employee misclassification BAC probate claims process Palatine drug lawyer commercial leasing Chicago insurance claim attorneys how to avoid common denials of life insurance claims Chicago will attorney, social media platforms, Illinois estate planning lawyer, no contest clauses Deer Park criminal attorney meal breaks Rolling Meadows insurance lawyer IRELA Federal Food Drug and Cosmetic Act federal regulations for LLCs Palatine life insurance lawyer social media after death texting and driving rest breaks liability claims motorcycle accident lawyer elder abuse Illinois Wage Payment and Collection Act involuntary manslaughter Deer Park personal injury lawyer Palatine traffic lawyer internet Barrington personal injury attorney Inverness personal injury attorney Fair Labor Standards Act Buffalo Grove real estate attorney pet law insurance disputes Illinois corporate lawyer Barrington drug crime attorney medication errors product liability Barrington boating accident attorney Rolling Meadows employment law attorney unauthorized overtime Liquor Control Act Rolling Meadows employment law attorneys personal injury claim DUI defense child safety Arlington Heights car accident lawyer Schaumburg drug defense lawyer Illinois insurance claim attorney Illinois LLC creation Des Plaines insurance attorney Crystal Lake car accident lawyer top life insurance claim denials car crash Family Medical Leave Act traffic tickets Barrington attorney Illinois medical malpractice case Mt Prospect Attorney suspended license severance agreements life insurance compensatory time Palatine construction attorney Palatine real estate lawyer personal injury medical marijuana jet ski accidents traumatic brain injuries foreclosed rental property IRA trust transfer small business gift taxes Illinois construction accident attorney Rolling Meadows personal injury attorney Rolling Meadows business lawyer marijuana Crystal Lake insurance lawyer Rolling Meadows insurance dispute lawyers Illinois medical malpractice lawyers Illinois employment law Illinois insurance claim dispute lawyers hands free device Des Plaines civil attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Schaumburg personal injury lawyers Schaumburg estate planning attorney Illinois Workers’ Compensation Commission probate lawyer motorcycle accident Arlington Heights wills and trusts lawyers Palatine employment attorney Deer Park DUI lawyer Illinois personal injury lawyers breathalyzer test Illinois mortgages Arlington Heights tax lawyer Illinois wills and trusts trustee Rolling Meadows tax attorney field sobriety test Palatine insurance lawyer Crystal Lake will lawyer construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Illinois personal injury insurance negligence blended families wrongful termination Kenilworth estate planning lawyer Illinois insurance claim dispute lawyer Deer Park medical malpractice attorney civil litigation attorney Illinois real estate Arlington Heights lawyer Long Grove estate planning attorney Illinois traffic accident lawyer drug crime School Visitation Rights Act Rolling Meadows medical malpractice lawyers Palatine business attorney real estate closing Arlington Heights injury attorney estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, taxes Illinois insurance attorney Rolling Meadows car accident lawyers home inspection lawyer Illinois Trust Code life insurance claims Illinois Smoke Detector Act slip and fall accidents Des Plaines collections attorney wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Illinois small business wills and trusts Jay Andrew insurance agents employment contract civil rights violation senior citizens independent contractor power of attorney for healthcare Barrington real estate lawyer Chicago employment lawyer beneficiary complications Mount Prospect real estate lawyer preventing accidents startup company reckless homicide sexual harassment Illinois wills and trusts attorneys Des Plaines injury law firm truck collisions Rolling Meadows insurance dispute lawyers, insurance dispute Buffalo Grove insurance claim dispute lawyers Self-Directed IRA Accounts Illinois tax attorney traffic violations vacation home fines estate planning trusts Inverness elder law lawyer special needs trust Rolling Meadows estate planning attorney spinal cord injuries Illinois living will llinois Real Estate Lawyers Association income distribution deducation Colin H. Gilbert Illinois boating accident lawyer privacy dram shop law Buffalo Grove probate lawyer caretaker rights insurance claim denials Home Remodeling Repair Act denied insurance claim distracted driving accidents wills Arlington Heights personal injury lawyer Illinois estate planning Inverness DUI lawyer filing a medical malpractice claim Illinois car accident attorney Chicago trucking accident attorney criminal law unfunded trust drug crimes Barrington business law firm real estate attorney Affordable Care Act Illinois home inspection insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys business litigation traffic deaths Class A misdemeanor drug possession Inverness estate planning lawyer Crystal Lake traffic attorney FMLA probate claims personal injury lawyer unpaid overtime Palatine probate lawyer Arlington Heights wills and trusts attorney Rolling Meadows boating crash lawyer liability Illinois bicycle safety murder charges employment lawyer Landlord Tenant Ordinance Palatine trusts lawyer Illinois personal injury lawyer trust payments changes to mortgage law Crystal Lake tax lawyer Crystal Lake employment law attorney

Archive