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

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

Archive