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Why Was I Arrested for Marijuana in Illinois?

 Posted on August 08, 2023 in Criminal Law

Wheaton Criminal LawyerIf you live in Illinois, you are likely aware that the recreational use of cannabis is now legal in our state. It has been this way for several years. You likely see cannabis dispensaries everywhere. If you were recently arrested for a marijuana-related offense, you may be wondering what happened. You may have been entirely unaware that you could still be arrested for certain marijauana-related activity in Illinois. The laws related to cannabis possession and consumption are constantly evolving and can be complex. While it is legal to buy and use cannabis for recreational purposes, there is a limit as to how much cannabis flower you can possess at a time without committing an offense. The laws surrounding how cannabis may be obtained and passed between people can also be confusing. Currently, only licensed dispensaries are permitted to sell or distribute cannabis. If you have recently been arrested for a marijuana-related crime, it is important to speak to an attorney as soon as possible. 

5 Cannabis Laws Still Enforced in Illinois

Many people who are charged with crimes related to marijuana were unaware that they could still be charged with these offenses. Criminal laws related to marijuana include: 

  • Possession limits - Possessing more than 30 grams of cannabis flower or more than 500 milligrams of THC in any other form is still illegal in Illinois. Smaller amounts for personal use are permitted. When an individual possesses larger amounts, it is more likely that they are planning to transport it out of state or unlawfully resell it. 

  • Age limits - Only adults 21 years old and over are permitted to use cannabis in Illinois. There are some exceptions for certified medical use patients. Selling to minors is also prohibited. 

  • Distribution - Only licensed dispensaries may sell cannabis. Selling marijuana without a license is a criminal offense. 

  • Driving - Driving while under the influence of cannabis can be prosecuted under DUI laws. Further, it is illegal to use cannabis while riding in a car even if you are not the driver.

  • Location - People are not permitted to use cannabis in public places. Smoking or vaping marijuana in public can lead to you being arrested and charged. Adults are permitted to smoke or vape THC products on private property. 

If you have been charged with one of these offenses, it is important to take the situation seriously and immediately reach out to an attorney. 

Contact a DuPage County Criminal Defense Attorney

Stephen A. Brundage is well-versed in the evolving body of law surrounding cannabis in Illinois. Our skilled Wheaton criminal defense lawyers will strive to achieve a favorable result in your case. Contact us at 630-260-9647 for a complimentary consultation. 



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