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Orland Park Cannabis Possession Attorney

Joliet Marijuana Possession Lawyer for Drug Charges Related to Cannabis

Success Story:
Despite the fact that the term "possession" is wide-ranging, we have won numerous trials on behalf of our clients on this issue. Additionally, we have been successful in obtaining a dismissal of these charges for our clients due to the Court finding that the police conducted an unlawful search.

Illinois has joined a multitude of states that allow the medicinal use of cannabis (marijuana), and adults are also allowed to possess and use marijuana for recreational purposes. Illinois residents who are over the age of 21 can possess up to 30 grams of marijuana plants, 500 milligrams of THC in products that have been infused with cannabis, or five grams of concentrated cannabis.

However, those who possess amounts of marijuana in excess of the legal limits may face criminal charges. Simply possessing a large amount (as discussed below) can expose an individual to several years in prison. This is true even when there is no delivery or intent to deliver the large quantity. Additionally, at certain amounts, if it is someone's second or subsequent offense, the sentence can increase based on a prior violation of the law.

As discussed in Possession of a Controlled Substance, the term "possession" is broad and far reaching. One need not be in actual, physical possession of cannabis in order to be convicted. For instance, if cannabis is found in a vehicle carrying multiple individuals, all individuals can be charged with Possession of Cannabis. This would be done under a theory of "constructive" and "joint" possession. Constructive possession would entail an individual violating the law banning possessing cannabis without having actual, physical possession of the cannabis so long as that person knew, or should have known, of the presence of cannabis and had control or dominion over the cannabis. Joint possession would mean that more than one individual had possession of the cannabis, through constructive possession.

AMOUNT

SENTENCE

PRISON TERM

MAXIMUM FINE

30.1 to 100 grams

Class A Misdemeanor (Class 4 Felony for any subsequent violation)

Up to 364 days in county jail

(Up to 3 years in state prison for subsequent violations)

Up to $2,500

(Up to $25,000 for subsequent violations)

100.1 to 500 grams

Class 4 Felony

(Class 3 Felony for any subsequent violation)

Up to 3 years in state prison

(2 to 5 years for subsequent violations)

Up to $25,000

(Up to $25,000 for subsequent violations)

500.1 to 2,000 grams

Class 3 Felony

(Class 2 Felony for any subsequent violation)

2 to 5 years in state prison

(3 to 7 years for subsequent violations)

Up to $25,000

(Up to $25,000 for subsequent violations)

2000.1 to 5,000 grams

Class 2 Felony

3 to 7 years in state prison

Up to $25,000

5,000.1 grams or more

Class 1 Felony

4 to 15 years in state prison

Up to $25,000

Probation Possible? – Yes, depending on charge.

Expungment/Sealing Eligible Probation - Yes, on certain offenses.

Supervision Possible? – Yes, on Misdemeanor charges.

Contact Our Will County Cannabis Possession Defense Lawyer

If you are facing criminal charges based on the possession of marijuana, contact our firm by calling 708-966-2408 and setting up a complimentary consultation.

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