An Overview of the Illinois Cannabis Control Act

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Since 1937, it has been illegal to use or possess marijuana in the United States. California was the first state to legalize marijuana for medicinal purposes and now 33 other states have legalized medical marijuana, including the state of Illinois. Recreational marijuana is also legal in 10 states, though it is still currently illegal in the state of Illinois. Although the law for recreational marijuana in Illinois will be changing soon. There are strict rules for cannabis possession , domestic battery in Illinois, and they are all laid out in the Illinois Cannabis Control Act . In this day and age where the lines between legal and illegal marijuana possession are often blurred, it is important to understand the consequences for illegal acts involving cannabis.

Possession of Cannabis

In Illinois, possession of cannabis has somewhat been decriminalized. Possessing small amounts (less than 10 grams) of marijuana only results in a $100-$200 fine now, rather than criminal charges. If you possess more than 10 grams of marijuana, you could be charged with either a misdemeanor or felony, depending on the amount. The amounts and charges for possession are as follows:

• Between 10 and 30 grams: Class B misdemeanor;

• Between 30 and 100 grams: Class A misdemeanor;

• Between 100 and 500 grams: Class 4 felony;

• Between 500 and 2,000 grams: Class 3 felony;

• Between 2,000 and 5,000 grams: Class 2 felony; and

• More than 5,000 grams: Class 1 felony.

Manufacture, Delivery, or Possession With Intent to Deliver

Manufacture and delivery laws are decidedly stricter than possession laws are. Even if you were only caught possessing certain amount of marijuana, as long as police can prove that you intended to deliver it—which includes selling it or giving it to someone else—you can be charged with delivery or possession with the intent to deliver. The amounts and charges for manufacture or delivery are as follows:

• Up to 2.5 grams: Class B misdemeanor;

• Between 2.5 and 10 grams: Class A misdemeanor;

• Between 10 and 30 grams: Class 4 felony;

• Between 30 and 500 grams: Class 3 felony;

• Between 500 and 2,000 grams: Class 2 felony;

• Between 2,000 and 5,000 grams: Class 1 felony; and

• More than 5,000 grams: Class X felony.

Cannabis Trafficking

Cannabis trafficking is a specific crime that carries rather harsh penalties. For you to be charged with cannabis trafficking, you must have brought 2,500 or more grams of cannabis into the state or from Illinois into any other state and intended to manufacture or deliver that cannabis. The penalties for cannabis trafficking are double the penalties that exist for cannabis manufacture or delivery.

A Skilled Joliet, IL Drug Crimes Defense Lawyer Can Help You Fight Drug Charges

With so many different state laws pertaining to the use and possession of cannabis, it can be easy to become confused about the legality of certain actions. It also does not help that cannabis is still deemed illegal by the federal government. If you have been charged with a crime related to the Cannabis Control Act, you need the help of a Will County drug crimes defense attorney . At the Law Offices of Jack L. Zaremba, P.C., we have extensive experience handling drug crime cases and will fight to keep you out of jail whenever possible. Your initial consultation is always free, so call us today at 815-740-4025 to schedule an appointment.

What Circumstances Lead to Domestic Violence Charges in Illinois

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Illinois police respond to roughly 120,000 domestic violence calls that result in criminal charges each year. In the majority of those cases, the offender is charged with domestic battery , meaning that one member of a family or household physically attacked another member. A review of arrest data for Will County and the state of Illinois provides an interesting perspective on the circumstances that generally lead to crimes of domestic violence.

Illinois Statistics on Domestic Battery and Related Crimes

The Crime in Illinois report reveals that more than half of all domestic crime cases involve couples who are not married but have dated, lived together, or share a child together. Parent/child cases represent about 20% of domestic crimes, spouses or ex-spouses 15%, and other family members such as siblings 11%.

Where a domestic battery incident resulted in obvious physical injury, the injuries were severe in just 2% of reported cases. Severe injuries include loss of teeth, unconsciousness, broken bones, possible internal injuries, and severe lacerations. However, be aware that you can be charged with domestic battery even if the victim shows no signs of injury. Proof that you made physical contact with the victim is enough to support a conviction.

Domestic Battery Incidents in Will County

Alcohol often plays a role in domestic incidents. In one recent situation in Joliet, a 27-year-old man was arrested for domestic battery. The man had been drinking when he got into an argument with the victim. When the victim, his girlfriend, took a drink from the man’s hand, he pushed her to the ground. The man spent at least two days in jail prior to being released on bond.

Repeat offenses of domestic battery are a particular concern, especially when they show a pattern of escalating violence. Consider the case of this 36-year-old Minooka man. In 2003 and 2005, he was convicted twice of misdemeanor domestic battery and fined just $200 in each case. In 2017, he was convicted a third time; the charge was a Class 4 felony due to his prior conviction, and he received two years of probation. In 2018, he was convicted of aggravated domestic battery by strangulation, a Class 2 felony and sentenced to 30 months of probation and 75 days in the Will County jail. In 2019, the man was arrested again on a charge of aggravated domestic battery. If convicted, the minimum sentence for repeating this offense is three years in prison.

Experienced Will County Domestic Battery Defense Lawyer

A domestic battery charge is a serious matter. Unlike other misdemeanors, you cannot get court supervision for domestic battery. In addition, a conviction for domestic battery cannot be expunged from your record nor sealed from public view at any time in the future. To have any chance of keeping a domestic battery conviction off your record, you need an aggressive Joliet criminal defense lawyer . Call the Law Offices of Jack L. Zaremba at 815-740-4025 for a free consultation.

Illinois Lawmakers Send Recreational Marijuana Bill to Governor

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No other substance has created as much controversy in recent years as marijuana has. Many states have legalized the medical and/or recreational use of marijuana, and now it looks like Illinois will join the legal recreational cannabis ranks. The only step left is for Governor J.B. Pritzker to sign the bill and turn it into law. It is important for Illinois residents to understand exactly what this proposed law will entail as well as when it goes into effect. While it appears as if recreational marijuana in Illinois will soon be a reality in Illinois, cannabis possession and sale is still against the law for many Illinois residents in the meantime.

Medical Marijuana is Currently Only Available to Qualifying Individuals in Illinois

Illinois currently has 55 medical marijuana dispensaries across the state. These dispensaries are not available to everyone, however. Only individuals with one of several severe medical conditions can currently obtain medical marijuana. These conditions include things like cancer, AIDS, multiple sclerosis, post-traumatic stress disorder, and traumatic brain injury. Individuals who struggle with opioid dependence may also be eligible for medical marijuana.

It is critical to remember that while Illinois will likely have dramatically different cannabis laws in the future, that current laws are still in effect. If you are caught using, selling, or buying cannabis without having the authority to do so, you could still face criminal charges.

New Law Would Allow Recreational Cannabis Use and Pardon Misdemeanor Cannabis Offenses

If the bill is passed, the 55 medical dispensaries currently in Illinois will be allowed to open a second location as well as sell recreational marijuana to those without a medical condition. However, medical marijuana patients will still take priority over recreational users. If the governor signs the bill into law, recreational sales will start January 1 of next year. In addition, the governor says he plans to pardon all misdemeanor cannabis offenses involving less than 30 grams of cannabis.
Offenders who have been convicted of more serious cannabis offenses could petition the court to have their conviction pardoned and their record expunged. Cook County State’s Attorney Kim Foxx says that the State’s Attorney office will not be prosecuting minor cannabis offenses. The office also plans to divert those convicted of a Class 4 felony marijuana possession to drug rehabilitation treatment instead of pursuing incarceration.

Contact a Will County Criminal Defense Attorney

If you are facing criminal charges for marijuana or other illicit substances, contact a Joliet drug crime defense lawyer for help. Call Law Offices of Jack L. Zaremba, P.C. at 815-740-4025 today to schedule a free, confidential consultation.


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