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Can You Still Get Jail Time for a Marijuana-Related Crime In Illinois?

Posted on in Drug Crimes

Wheaton Criminal Defense AttorneyFew substances have been as controversial as cannabis. Public opinion about marijuana flower and THC products has shifted in recent years and many states have legalized the drug for medical or recreational use. Marijuana has been legal in Illinois since 2020. However, there are still important limitations regarding possession, consumption, sale, and cultivation of marijuana. Violating one of Illinois’ marijuana laws can lead to criminal penalties, including jail time.

Illinois Cannabis Laws in 2022

Many people make the mistake of assuming that because marijuana was legalized, that any and all use of the substance is permitted. However, Illinois law only allows certain people to use marijuana and only under certain conditions. Similarly to alcohol use, marijuana use is only allowed for adults aged 21 or older. Illinois residents may possess up to 30 grams, or approximately an ounce, of marijuana flower, up to 5 grams of marijuana concentrate, or up to 500 mg of THC in an “edible” or other marijuana product.

You cannot use cannabis around children, on private property if the property owner does not approve, in public parks or beaches, or in a motor vehicle. It is also against the law for individuals to sell marijuana. Only licensed marijuana dispensaries can sell marijuana. It is also expressly against the law to drive a vehicle while under the influence of marijuana.

Criminal Penalties for Marijuana Crimes

Low-level possession of marijuana over the 30 gram limit is a misdemeanor offense. However, possession of more than 100 grams is a felony. If convicted, you could face multiple years in prison. Driving under the influence of marijuana can lead to DUI charges. If you are convicted of DUI for drugged driving, you face the same penalties as someone convicted of DUI for alcohol use. First-time DUI offenders without aggravating factors can often avoid serious jail time by participating in diversion programs. However, multiple DUI offenses can lead to substantial prison sentences.

Driving under the influence of cannabis with a child passenger, causing an accident resulting in injury or death while intoxicated by marijuana, and driving under the influence of marijuana without a valid driver’s license or auto insurance can also lead to felony charges. These aggravating factors can significantly increase the jail sentence you face.

Contact a DuPage County Criminal Defense Lawyer

If you or a loved one were arrested on criminal charges related to marijuana, you need an attorney who understands how to protect your rights and present a strong defense. Turn to Wheaton criminal defense attorney Stephen Brundage for help.

Call Stephen A. Brundage at 630-260-9647 for a free consultation.



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