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.

The Status of Medical Marijuana in Illinois

Web Admin - Thursday, January 15, 2015

medical marijuana in Illinois, Arlington Heights drug defense lawyerOne of the most controversial issues currently facing politics is the legalization of marijuana. Some states have gone so far as to completely legalize it, allowing recreational use of the drug. Other states, along with the federal government, have left it totally illegal. Illinois has chosen the middle ground of allowing the use of marijuana to treat certain medical conditions. Illinois' medical marijuana law was signed in 2013, and it creates a framework for how to regulate the use of marijuana. However, there have recently been delays in the implementation of that framework, meaning that even though medical marijuana is technically legal, it is still inaccessible to Illinois residents.

General Rules

The Illinois medical marijuana law sets up both a legal framework for patients who possess marijuana, as well as for growers and distributors. Patients may apply for a medical marijuana card if they have one of almost 40 qualifying illnesses, including Parkinson's, cancer, and glaucoma. In order to get a medical marijuana card, people must also be residents of Illinois who are over the age of 18 and who do not have a criminal record.

As far as a growth and distribution framework, the law allows for 22 businesses to receive licenses to actually grow marijuana. One of these businesses will be located in each state police district. The law also authorizes a set of 60 licenses for distributors who will purchase the marijuana from the growers and sell it throughout the state. Additionally, the law creates a new 16 member board for the addition of new qualifying illnesses to the list of diseases that would allow someone to receive medical marijuana.

Recent Delays

Despite the fact that the law went into effect at the beginning of 2014, it has been plagued with implementation delays. According to a report by the Chicago Tribune, state agencies spent almost a full year just developing the regulations to manage this program. So far, only 650 patients have been given their medical marijuana cards, and the numbers on the business side are even less encouraging.

Many people were hoping that Governor Quinn would award the licenses for the growers and distributors before he left office. However, that did not happen. That means that it will be up to Governor Rauner to make the decision about future licensing. Governor Quinn did make some appointments to the board that will decide about adding new illnesses before he left office, but he also left some spaces open for Governor Rauner to make more appointments.

Illinois's medical marijuana law creates a complex legal framework, and running afoul if it can result in criminal drug charges. If you have recently been charged with a drug crime, contact an Illinois criminal defense attorney. Drost, Gilbert, Andrew & Apicella, LLC represents the accused in towns across the northwest suburbs, including in Rolling Meadows, Schaumburg, and Arlington Heights.

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.

Recent Posts


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