Being charged with illegal drug possession is a serious matter in Illinois. However, with recent changes to the Cannabis Regulation and Tax Act (410 ILCS 705), recreational use of cannabis is legal in the state, in specific cases. If you have been charged with cannabis possession, you still need to take the matter seriously, or you could wind up with a criminal record.
Learn below about cannabis possession charges in Illinois. If you need legal representation, our Mount Prospect drug possession lawyers have an impressive record in fighting these serious criminal charges on behalf of many clients.
Current Illinois Cannabis Laws
Changes to the Cannabis Regulation and Tax Act, effective on Jan. 1, 2020, made it legal for an adult Illinois resident to possess up to 30 grams of cannabis flower, five grams of cannabis concentrate, and up to 500 mg of THC in a cannabis-infused product.
So, qualified individuals in Illinois can use recreational and medical cannabis. Adults who are at least 21 years old or above can use the drug, but anyone who is under 21 may not. Also, you only can buy cannabis from state-approved marijuana dispensaries. Licensed dispensaries sell many types of marijuana products, such as flowers, edibles, hash, and concentrates.
However, it is still possible to be charged with cannabis possession despite changes in the law. For example, if you possess more than 30 grams but less than 100 grams of cannabis, it is a Class A misdemeanor. The punishment for the initial offense can be up to 364 days in jail and a $2,500 fine. A second offense for the same quantity is a Class 4 felony, and you can get up to three years in jail and a fine of up to $25,000.
Possessing 100 grams but no more than 500 grams of cannabis is a Class 4 felony and may result in one to three years in jail and a fine of up to $25,000. Possessing between 500 grams to 2,000 grams is a Class 3 felony, punishable by up to five years in prison and up to a $25,000 fine.
Where Is It Illegal To Consume Marijuana?
While you can legally possess a recreational quantity of cannabis, it is against the law to smoke it in public places, such as schools, parks, inside buses, and government buildings. Other illegal places include places where a member of the public can observe you, such as on the sidewalk.
What About Marijuana Cultivation?
In Illinois, legal marijuana cultivation can only be done by authorized growers who enrolled in the state’s medical marijuana program. Registered patients may also cultivate marijuana. However, registered patients can only grow a maximum of five plants at a time.
Our Mount Prospect Drug Possession Lawyers Can Help
Cannabis laws in Illinois have been relaxed somewhat, but you still could face charges for cannabis possession in certain circumstances. If you have been charged, the best course is to retain an experienced Mount Prospect drug possession lawyer to stand up for your rights. Our attorneys have achieved favorable outcomes for many Illinoisans accused of drug possession and are ready to fight for you. For a confidential consultation, call (847) 298-5740.