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

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

Archive