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Chicago Medical Marijuana Lawyer
What is the Illinois Medical Marijuana Law?
Illinois' medical marijuana law is officially titled "The Compassionate Use of Medical Cannabis Pilot Program Act" and is listed under 410 ILCS 130/1. The law allows qualified cultivation centers to grow marijuana, qualified dispensaries to sell marijuana, and qualified patients and caregivers to use marijuana. Those interested in legally growing, selling, or using marijuana must strictly comply with all aspects of Illinois' medical marijuana law.
How does the Illinois Medical Marijuana Law
Comply with Federal Law?
Medical marijuana is legal in Illinois. However, federal law makes it is a crime under 21 U.S.C. § 841(a)(1) and § 846 to manufacture, distribute, or dispense a controlled substance – including marijuana – or to conspire to do so.
So what does this mean for those in Illinois who are interested in participating in the blossoming medical marijuana market? It's complicated. Under the Obama administration, the U.S. Department of Justice (DOJ) issued an official memorandum stating it would not interfere with states' medical marijuana laws, provided the states regulate and control their medical marijuana markets. The DOJ's memo provided much-needed guidance and protection for those wishing to buy, sell, or grow medical marijuana.
Unfortunately, the current administration has a different view. In January 2018, the DOJ rescinded its previous memo, stating that general principles of federal prosecution are sufficient to guide federal prosecutors when deciding whom to charge. The DOJ's current position is likely intended to destabilize the market by increasing uncertainty, ambiguity, and risk.
Fortunately, Illinois' regulatory system is one of the strongest and most tightly regulated in the country. Accordingly, while the regulatory restrictions in Illinois are significant, Illinois' protection from federal encroachment should remain equally robust.
Helping You Comply with both the
Illinois Medical Marijuana Law and Federal Law
Those wishing to legally grow, sell, or use medical marijuana in Illinois need legal advice to navigate the law's comprehensive statutory and regulatory structure. Attorney Thomas Hallock can assist medical marijuana clients every step of the way, including applying to the Illinois Department of Agriculture (for cultivators), the Illinois Department of Financial and Professional Regulation (for dispensaries), and the Illinois Department of Public Health (for patients and caregivers).
What You Should Do
- Be respectful.
- Calmly record the interaction.
- Ask if you are free to leave. If you do not ask, the officer may think - and the judge may agree - that the interaction is consensual.
- If you are free to leave, go! If you are not free to leave, do not answer and questions before speaking with your attorney.
What You Should Not Do
- Do not physically resist arrest.
- Do not become aggressive or confrontational.
- Do not consent to a search. The Constitution does not apply if you consent.
- Do not answer questions without first speaking with your attorney. Police are allowed to hold you for 48 hours and they may lie to you the entire time.