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Mount Prospect Drug Possession Defense Attorneys
Have you been charged with drug possession in Chicago, Illinois? While marijuana laws have been loosened in this state, drug possession charges are still serious and carry stiff penalties. Illinois is one of 18 states that makes it a felony to possess small amounts of illegal drugs, except for cannabis. The Mount Prospect drug possession defense attorneys at Villadonga & Villadonga are prepared to fight for your rights and will attempt to mitigate adverse case outcomes.
What Is The Status Of Illinois Marijuana Laws?
Marijuana laws have changed in Illinois, so, in some cases, it is not illegal to possess cannabis. The Cannabis Regulation and Tax Act became law on January 1, 2020, making Illinois the 11th state to legalize marijuana for recreational purposes. The law states that Illinois residents 21 and over can possess up to 30 grams of cannabis.
An Illinois resident can legally have five grams of cannabis concentrate, such as kief, dab, or oils, and up to 500mg of THC in products infused with cannabis, such as edibles. American citizens who do not live in the state can possess 15 grams of cannabis flower, 2.5 grams of cannabis, and no more than 250 milligrams of THC contained in a cannabis infused product when visiting Illinois. However, non-U.S. citizens should be weary, as marijuana use is still illegal under Federal law and can have negative effects on your citizenship application or lead to deportation.
Furthermore, just because possessing small amounts of cannabis is legal in Illinois does not mean you can use it anywhere. The law says you can use it in your home or any private property where the owner gives permission. You also can use it in local dispensaries and tobacco stores. But you cannot use cannabis around anyone under 21, in public, or on any property where the owner does not authorize it. You also cannot use marijuana in motorized vehicles on land or water.
While recreational marijuana use has been legalized in Illinois, violations of the new law are treated harshly, just as other drug possession crimes are. Therefore, ensure you adhere to the details of the new law outlined above to ensure you are not charged with drug possession or another crime.
Drug Possession Charges Overview In Illinois
Drug possession, other than cannabis, as outlined earlier, is typically a felony charge in Mount Prospect and in Illinois. The penalties for possessing illegal drugs depend on the drug weight and can be enhanced if you possess drugs near a school, with firearms, or if you are a repeat drug offender. However, some first-time drug possession offenders may be able to receive probation and possibly expungement after 60 months. Other penalties for drug possession in Illinois include:
- Possessing meth, heroin, cocaine, and LSD are felonies. Having under 15 grams of each is a Class 4 felony, punishable by up to three years in prison and a $25,000 fine.
- Possessing more than 15 grams of the above substances is a Class 1 felony, with a punishment of four to 50 years in prison and up to a $200,000 fine. The penalty depends on the amount of illegal drugs.
- Possession of illegal drugs with intent to deliver or manufacture also is a Class 1 felony and can be punished by four to 15 years in state prison and a maximum $250,000 fine. If you possess more than 15 grams and intended to deliver or manufacture, the punishment is six to 60 years in prison and up to a $500,000 fine.
- If you possess anabolic steroids in Illinois, it is generally a Class C misdemeanor, punishable by up to 30 days in county jail and a $1,500 fine. If you commit a second offense within two years, it is punished as a Class B misdemeanor, with up to six months in jail and up to a $1,500 fine.
What Are Defenses To Illinois Drug Possession Charge?
If you face an Illinois drug possession charge, you should get help immediately from a criminal defense attorney who handles these charges often. Your attorney may be able to build a robust defense even when the odds are stacked against you. Effective defenses may include:
Violations Of The Fourth Amendment
While police officers are trained on constitutional rights, violations of the Fourth Amendment are common. This amendment states that you cannot be subjected to illegal search and seizure by the police.
For the police to detain you, they must possess probable cause that you were in the act of a crime or had committed one. For instance, if they stop you in your vehicle, the police must have a reasonable suspicion you broke a traffic law, such as speeding or running a red light. They could charge you with drug possession if they find illegal drugs on the seat during a legal stop. However, the drugs in the vehicle could be inadmissible in court if they had no reason to stop you.
Contact Our Mount Prospect Drug Possession Attorneys Now
Were you charged with drug possession recently in the Chicago area? This charge may lead to severe consequences, and Villadonga & Villadonga can help with an effective defense strategy. Please contact our Mount Prospect drug possession attorneys today at 847-298-5740.