Chicago Cannabis Defense Lawyer
Charged with possession, delivering, or manufacturing?
Cannabis use is popular throughout the country. Despite society's evolving
attitude, Cannabis remains illegal in Illinois without a
medical marijuana card. In Illinois, cannabis charges usually occur in two broad categories:
possession under 720 ILCS 550/4, or manufacturing/delivering/possessing
with intent to deliver under 720 ILCS 550/5.
Possessing cannabis without evidence of selling it is known as "simple
possession." You likely will be charged with simple possession of
cannabis if you have a small amount, in one bag or container, and no scale
is nearby.
On the other hand, you likely will be charged with manufacturing/delivering/possessing
with intent to deliver cannabis if you have a large amount, have multiple
bags or containers, or a scale is nearby. Obviously, if you deliver to
an undercover officer or an informant, you will be charged with delivery.
Regardless of whether you are charged with simple possession or something
more, the government has the burden of proving beyond a reasonable doubt
that you knowingly possessed the cannabis. As with all
drug charges, you cannot be convicted of possessing something of which you were unaware.
Additionally, even if you knowingly possessed the drugs, the evidence
may be suppressed if law enforcement disregarded the Constitution in order
to arrest you.
The public's opinion toward cannabis is changing. Illinois, for example,
was the 20th state to allow qualified persons to possess
medical marijuana. Further reforms seem inevitable. Until these reforms become law, however,
illegally possessing or distributing cannabis can still result in significant
prison time and large fines.
Illinois Penalties for Possession of Cannabis
The penalties for possession of cannabis vary depending on the quantity
and any previous cannabis convictions:
- Possession of not more than 10 grams of cannabis is a civil violation punishable
by a fine of up to $200.
- Possession of more than 10 grams but not more than 30 grams of cannabis
is a Class B misdemeanor, punishable by up to 6 months in jail and a fine
up to $1,500.
- Possession of more than 30 grams but not more than 100 grams of cannabis
is a Class A misdemeanor, punishable by up to 1 year in jail and a fine
up to $2,500. A second conviction is a Class 4 felony, punishable by 1-3
years in prison and a fine up to $25,000.
- Possession of more than 100 grams but not more than 500 grams of cannabis
is a Class 4 felony, punishable by 1-3 years in prison and a fine up to
$25,000. A second conviction is a Class 3 felony, punishable by 2-5 years
in prison and a fine up to $25,000.
-
Possession of more than 500 grams but not more than 2,000 grams of cannabis
is a Class 3 felony, punishable by 2-5 years in prison and a fine up to $25,000.
-
Possession of more than 2,000 grams but not more than 5,000 grams of cannabis
is a Class 2 felony, punishable by 3-7 years in prison and a fine up to $25,000.
-
Possession of more than 5,000 grams of cannabis is a Class 1 felony, punishable
by 4-15 years in prison and a fine up to $25,000.
Illinois Penalties for Manufacturing/Delivering/Possessing
with Intent to Deliver Cannabis
The penalties for manufacturing, delivering, or possessing with intent
to deliver cannabis vary depending on the amount but are more severe than
simple possession:
-
Not more than 2.5 grams of cannabis is a Class B misdemeanor, punishable
by up to 6 months in jail and a fine up to $1,500.
-
More than 2.5 grams but not more than 10 grams of cannabis is a Class A
misdemeanor, punishable by up to 1 year in jail and a fine up to $2,500.
-
More than 10 grams but not more than 30 grams of cannabis is a Class 4
felony, punishable by 1-3 years in prison and a fine up to $25,000.
-
More than 30 grams but not more than 500 grams of cannabis is a Class 3
felony, punishable by 2-5 years in prison and a fine of up to $50,000.
-
More than 500 grams but not more than 2,000 grams of cannabis is a Class
2 felony, punishable by 3-7 years in prison and a fine up to $100,000.
-
More than 2,000 grams but not more than 5,000 grams of cannabis is a Class
1 felony, punishable by 4-15 years in prison and a fine up to $150,000.
-
More than 5,000 grams of cannabis is a Class X felony, punishable by 6-30
years in prison and a fine up to $200,000. Probation is not an option
for Class X felonies.
Alternatives to a Prison Sentence
Attorney Thomas Hallock's primary goal is always to obtain a complete
dismissal of the client's charges or a not guilty verdict at trial.
If this is not an option, his fallback position is to obtain court supervision
or placement in a deferred-prosecution program. Both options give the
client the opportunity to avoid incarceration and dispose of the charges
without a conviction.
Some examples of deferred-prosecution programs include:
-
Drug School: Drug school is a program in Cook County that allows clients charged with
simple possession to avoid a conviction. To qualify, the client must have
no felony convictions, and no misdemeanor convictions for drug dealing
or a violent crime. The client attends 4 drug-education classes, which
take place weekly and are 2.5 hours each. After completing the classes,
the client becomes eligible to have the case dismissed.
-
2nd-Chance Probation: 2nd-Chance Probation is for clients charged with non-violent felonies.
To qualify, the client must have no felony convictions, no convictions
for a violent crime, and no previous placement in a deferred-prosecution
program. Treatment for substance abuse is often part of the program. Successful
completion of the program allows the client to avoid incarceration and
to dispose of the felony charge without a conviction.
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TASC Probation (Treatment Alternatives for Safe Communities): TASC probation is a program
designed to encourage clients to address the root cause of their behavior.
TASC case-managers prepare individualized plans to help participants overcome
their personal challenges and make better choices. Treatment for substance
abuse is often a central focus. Under TASC probation, the judge enters
a conviction against the client when they enter TASC but vacates the conviction
upon successful completion of the program. Acceptance into TASC is often
denied, but a skilled defense attorney can improve your chances of being
admitted into the program.
-
Drug Court: Drug court is a program for clients charged with non-violent felonies
that have addiction issues. Drug court provides clients with counseling,
drug screening, and drug treatment. Regular court monitoring helps clients
stay on track. Successful completion of the program results in a reduction
of the sentence or even a dismissal of the charges. Most important, however,
is that clients leave the program with the ability to live free from addiction.
Contact Thomas C. Hallock if you need a skilled and committed cannabis defense attorney in Chicago.
Call (888) 412-3741 to begin a
free case evaluation.