Call to Schedule a Free Consultation

630-260-9647

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.

...

IL defense lawyerWhen it comes to drug crimes, the penalties associated with a conviction vary dramatically. The penalties for possessing a small quantity of a controlled substance are much different than penalties for the manufacture or delivery of a controlled substance.

In Illinois, being a “drug dealer” is considered to be a much more serious offense than being a drug user. The type of controlled substance allegedly in a defendant’s possession also influences the criminal penalties he or she may face. For example, selling a small quantity of marijuana is only a misdemeanor offense. By comparison, selling a small quantity of heroin or fentanyl is a Class 1 felony punishable by up to 15 years in prison.

If you or a loved one were charged with drug possession with intent to distribute, contact a criminal defense lawyer for help right away.

...

Wheaton Criminal Defense AttorneyDrug overdoses lead to thousands of deaths in Illinois every year. Consequently, law enforcement is constantly looking for ways to suppress the manufacture and sale of illicit substances. One way police locate and arrest alleged drug manufacturers and drug traffickers is through sting operations. If you or a loved one were the subject of a sting operation or drug bust, it is important to seek legal counsel immediately. An experienced criminal defense lawyer can ensure that your rights are protected and build a strong defense against the charges.

Are Undercover Sting Operations Legal in Illinois?

The term “sting operation” refers to a police strategy intended to catch criminals in the act.  Law enforcement officers may go undercover and pose as someone who is seeking or selling illegal drugs. Once the transaction has taken place, the officers reveal their identity and arrest the suspects. Sting operations such as these are legal. A police officer is legally permitted to lie and deceive criminal suspects.

However, there is a fine line between sting operations and entrapment. During a sting operation, an officer creates an opportunity for someone to break the law. Entrapment occurs when a police officer induces or coerces someone into committing a crime they would otherwise not commit. Entrapment is an affirmative defense in a criminal case. If a defendant committed the offense but only did so because he or she was forced or coerced into the act, the defendant will likely avoid conviction.

...

drug court, Wheaton criminal defense attorneyIf you have been accused of a drug crime, be it possession, intent to distribute, or delivery/sale, you might already know that drug crimes in Illinois are taken very seriously, and the consequences can be severe. However, with the federal government rolling back arrest records and jail time for drug charges through such legislation as the FIRST STEP Act, the focus has shifted toward alternative sentencing for those accused of drug crimes. One of these alternatives is drug court. Here in DuPage County, drug court is common due to its usefulness.

What Is the DuPage County Drug Court?

DuPage County Drug Court is an alternative option for dealing with drug charges. It enables the accused the opportunity to take on their drug addiction and become more productive members of society without flooding the court system and prisons with too many people accused of drug charges. In DuPage County Drug Court, those charged with drug crimes can graduate from a three-phase program that helps them detox and eventually recover from their drug addiction, which in turn will reduce the likelihood of them appearing before a judge again for similar drug charges. Drug Court is not for everyone, as those who are accused of sale or intent to distribute might not have addiction issues, but this alternative to traditional drug charge penalties is still quite beneficial to eligible candidates.

What Are the Benefits of Drug Court?

There are many benefits to drug court relative to other more traditional ways the justice system handles drug charges, namely:

...

Illinois drug crimes defense lawyerAccording to statistics, over 43,000 Americans die from a drug overdose each year. Many of these deaths involve opioid drugs, such as heroin, OxyContin, and hydrocodone. More specifically, Illinois saw over 1,300 heroine and prescription drug overdose deaths in 2012 alone. A large percentage of these deaths could have been prevented, had those with the person not been in fear of criminal charges for drug possession.

Thankfully, Illinois had implemented a policy that provides limited immunity to those who call for emergency medical treatment for a person who has overdosed. What do these laws look like, and how do you know if they apply to your situation? The following information may help.

Understanding the Illinois Immunity Law

...
Back to Top