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.

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


Tags

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

Archive