January 1, 2020, was a landmark day in Illinois since it marked the legalization of marijuana for recreational use in the state. Currently, marijuana is treated much like alcohol, in that adults over the age of 21 are allowed to possess and use certain amounts of the drug, but they are prohibited from driving while intoxicated. However, even though marijuana has been legalized, people should still be aware that violations of the state’s laws could lead to charges of drug possession or other criminal offenses.

Potential Marijuana-Related Charges in Illinois

Currently, Illinois residents over the age of 21 are allowed to possess up to 30 grams of raw cannabis, up to 5 grams of cannabis concentrates, or cannabis-infused products with up to 500 milligrams of THC. Non-Illinois residents can possess half of these amounts. Authorized medical marijuana users may possess up to 2.5 ounces of raw cannabis or products containing cannabis during a 14-day period. Cannabis and products containing cannabis must be purchased from a licensed dispensary. When transported in a vehicle, marijuana must be kept in a sealed container.

Possession or use of marijuana that falls outside of these legally allowed uses may lead to criminal charges, including:

Since the 1970s, the federal government has been running what has been dubbed the “War on Drugs.” This movement began decades ago but is still evolving today. Around the time the War on Drugs was declared, the federal Controlled Substances Act was signed into law, creating “schedules” of different drugs based on their purported medical use and potential for abuse. States followed by creating their own criminal laws concerning controlled substances, with many of these laws criminalizing possession as well as the sale of certain drugs. Depending on the circumstances, these offenses can be charged as felonies. However, in some situations, probation may be an option. 

What Constitutes a Felony Charge?

In Illinois, it is not uncommon for a drug possession charge to be classified as a felony. Marijuana is still federally illegal, but recreational cannabis is now legal to purchase, possess, and use in Illinois. Other controlled substances, however, are not legal, possession of these substances can result in criminal charges. You could be charged with felony possession of a controlled substance for:

• 15 grams or more of LSD, heroin, cocaine, or morphine

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While getting caught with drug paraphernalia is typically considered less serious than a drug possession charge, that is not always the case. It is illegal to possess drug paraphernalia in Illinois, and penalties can be severe and costly, regardless of whether it was discovered along with narcotics.

What Is Drug Paraphernalia?

Illinois’ Drug Paraphernalia Control Act defines drug paraphernalia as equipment or materials (other than those used to produce methamphetamine, which is covered in the Methamphetamine Control and Community Protection Act) intended to plant, grow, harvest, test, store, conceal, or consume a controlled substance. Related devices used to smoke marijuana, cocaine, hash products, synthetic drugs, or other substances include various forms of pipes and bongs. Also included are drug manufacturing kits, testing equipment, and cutting agents.

Drug Paraphernalia Charges

Anyone caught with drug paraphernalia with the intent to consume a controlled substance can be charged with a Class A misdemeanor, with a fine between $750 to $2,500 and up to a year in jail. That is a more serious charge than getting caught with less than 10 grams of cannabis, which as a Class B misdemeanor, carries up to six months in jail and a maximum fine of $1,500.

Selling drug paraphernalia is more serious than possession under Illinois law. An individual who sells or delivers it may be charged with a Class 4 felony, with a minimum fine of $1,000 and up to a year in prison. If the seller is over 18 years old and the recipient is a minor, that constitutes a Class 3 felony, punishable up to five years in prison and $25,000 in fines. A knowing sale to a pregnant woman is a Class 2 felony, punishable up to seven years in prison and $25,000 in fines.

Many people throughout the United States use marijuana for medical purposes, recreational consumption, or both. However, even though marijuana has been legalized for medicinal or recreational use in several states, it is still considered a controlled substance in Illinois.

As marijuana laws continue to change, you might be wondering about the current laws and the penalties that could result if you are caught possessing it. Can you be arrested for possessing marijuana in Illinois? If a doctor prescribed medical marijuana for you, can you still get in legal trouble? Should you get an attorney if you are arrested on marijuana charges?

Marijuana Possession

Under Illinois law, it is illegal to possess marijuana unless it is prescribed by a licensed physician. For marijuana use not prescribed by a physician, penalties vary based on the amount possessed:

• Ten grams or fewer – a civil law violation punishable by a $100 - $200 fine. This is a change from previous laws that made possession of fewer than 10 grams of marijuana a criminal offense.
• More than 10 grams, but fewer than 30 grams – a Class B misdemeanor with up to six months in jail.
• More than 30 grams, but fewer than 100 grams – a Class A misdemeanor with up to one year in jail and a maximum $2,500 fine. If this offense follows a previous marijuana offense, this becomes a Class 4 felony with one to three years in jail.
• More than 100 grams, but fewer than 500 grams – a Class 4 felony with one to three years in jail and a maximum $25,000 fine. If this offense follows a previous marijuana offense, this becomes a Class 3 felony, with two to five years in jail.
• More than 500 grams, but fewer than 2,000 grams – a Class 3 felony with two to five years in jail and a maximum $25,000 fine.
• More than 2,000 grams, but fewer than 5,000 grams – a Class 2 felony with three to seven years in jail and a maximum $25,000 fine.
• More than 5,000 grams – a Class 1 felony with four to 15 years in jail and a maximum $25,000 fine.

Additionally, you may face penalties such as probation for 24 months, community service, drug testing, medical or psychiatric treatment for drug addiction, and more.

Cocaine is considered one of the most addictive of all controlled substances; second only to heroin. The drug has medical usefulness, such as during anesthesia, but on the streets, it is highly illegal. Cocaine not only has severe and lasting physical effects on the body but can also result in lasting legal repercussions. Illinois state laws and lawmakers have stiff penalties in place to deter residents from becoming involved. Here is what to expect should you face cocaine possession accusations in Illinois.

Potential Penalties

Being found in possession of a controlled substance is a felony. Controlled substances in Illinois include heroin, cocaine, morphine, amphetamines, and anabolic steroids, to name a few. The potential penalties vary between drugs as well as the amount of the material thought to be in the suspect’s possession. Possession of cocaine is a Class 1 felony, which is punishable by a minimum fine of $200,000 as well as time in prison. The length of the prison sentence increase with the amount of cocaine found at the scene. Currently, the sentences are:

• 15g-99g: Between 4-15 years in prison;
• 100g-399g: Between 6-30 years of imprisonment;
• 400g-899g: Between 8-40 years of imprisonment; and
• 900g or Higher: Between 10-50 years of imprisonment.

The Burden of Proof