An Overview of the Illinois Cannabis Control Act
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 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.