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

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

Archive