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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 | Sentence | Prison Term | Maximum Fine |
Up to 5 plants | Civil Violation | None | 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 free consultation by calling 708-966-2408.