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Orland Park Cannabis Production Charges Lawyer

Tinley Park Drug Crimes Attorney for Production or Possession of Marijuana Plants

While the state of Illinois has legalized the possession and use of marijuana by adults, cannabis can only be produced, manufactured, distributed, or sold by those who have obtained the proper licenses. Illinois prohibits the possession or production of the Cannabis Sativa plant, which is the plant that produces marijuana, unless a person is a medical marijuana user or has a professional cannabis license.

The state bears the burden of proving that an individual charged with illegal possession of the plant knew that the plant was indeed Cannabis Sativa. Thus, if it can be shown that the individual who was in possession of the plant did not know that the plant was Cannabis Sativa, the person cannot be convicted of the crime. Although many legal products, such as hemp, derive from the Cannabis Sativa plant, its unauthorized possession is still unlawful. Therefore, even if the possessor of the plant intended to use it for any reason other than for the cultivation of marijuana, the possessor can still be charged and convicted of the crime.

The Sentence

Number of Plants


Prison Term

Maximum Fine

Up to 5 plants

Civil Violation


Up to $200

6 to 20 plants

Class 4 Felony

1 to 3 years in state prison

Up to $25,000

21 to 50 plants

Class 3 Felony

2 to 5 years in state prison

Up to $25,000

51 to 200 plants

Class 2 Felony

3 to 7 years in state prison

Up to $100,000 plus costs of investigation and eradication of the plants

201 or more plants

Class 1 Felony

4 to 15 years in state prison

Up to $100,000 plus costs of investigation and eradication of the plants

Probation Possible? – Yes.

Supervision Possible? – Yes.

Contact Our Mokena Marijuana Charges Lawyer

If you have been charged with the illegal possession or production of cannabis plants, contact us today and set up a consultation by calling 708-966-2408.

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