DuPage County Marijuana Possession Lawyers

Criminal Defense Attorneys Defending Oak Brook Area Clients Against Marijuana Charges

In Illinois, it is illegal to possess marijuana in any quantity unless it is being used by a registered qualifying patient to treat a debilitating medical condition. Growing marijuana also is a crime, except when grown by a registered cultivation center to be used by registered medical cannabis dispensing organizations. The Cannabis Control Act prohibits the possession, sale, and cultivation of marijuana, while the Drug Paraphernalia Control Act prohibits the possession, sale or delivery of drug paraphernalia.

If you were arrested on marijuana charges, the law office of Kathryn L. Harry & Associates, P.C. will fight for the best possible outcome on your behalf. It may be possible to challenge a search or seizure in a marijuana drug charge, there may be an opportunity for a first offense of marijuana drug possession to be removed from your criminal record, or you may be eligible for treatment options in exchange for a dismissal of the charge. We have successfully resolved cases for clients charged with a wide range of drug violations throughout DuPage, Cook, Will, and Kane Counties.

Penalties for Marijuana Possession in Illinois

Despite the perception of marijuana as a recreational drug, a marijuana drug charge should be taken seriously. The two general types of drug charges are drug possession and drug delivery. If you are arrested with more than small amounts of marijuana, you can be charged with intent to deliver and possibly face more serious charges. The penalties can range from significant fines, prison time, or seized property, such as a car in which the marijuana was found. Even a misdemeanor charge can negatively impact you, possibly resulting in the loss of student aid, fines, or jail time.

The penalties for marijuana drug possession are the following:

• Less than 10 grams - This is a civil violation rather than a criminal offense, and it can result in a fine of $100 to $200.
• 10-30 grams - This is a Class B misdemeanor, and it can result in a maximum fine of $1,500 and up to six months in jail.
• 30-100 grams - This is a Class A misdemeanor for a first offense, and it can result in a maximum fine of $2,500 and up to one year in jail. A second offense is a Class 4 felony, which can result in one to three years in jail.
• 100-500 grams - This is a Class 4 felony for a first offense, and it can result in one to three years in jail. A second offense is a Class 3 felony, which can result in two to five years in jail.
• 500-2,000 grams - This is a Class 3 felony, and it can result in two to five years in jail.
• 2,000-5,000 grams - This is a Class 2 felony, and it can result in three to seven years in jail.
• More than 5,000 grams - This is a Class 1 felony, and it can result in four to 15 years in jail.

All felony marijuana possession charges can result in fines of up to $25,000.

The penalties for marijuana drug delivery are:

• Less than 10 grams - This is considered "casual delivery," which is charged the same as possession.
• 10-30 grams - This is a Class 4 felony, and it can result in one to three years in jail and a fine of up to $25,000.
• 30-500 grams - This is a Class 3 felony, and it can result in two to five years in jail and a fine of up to $50,000.
• 500-2,000 grams - This is a Class 2 felony, and it can result in three to seven years in jail and a fine of up to $100,000.
• 2,000-5,000 grams - This is a Class 1 felony, and it can result in four to 15 years in jail and a fine of up to $150,000.
• More than 5,000 grams - This is a Class X felony, and it can result in six to 30 years in jail and a fine of up to $200,000.

The penalty for possession of marijuana drug paraphernalia is a Class A misdemeanor, and punishments include fines of $750 to $2,500 and up to one year in jail. However, if someone is charged with possessing less than 10 grams of marijuana, the possession of any paraphernalia related to that offense is a civil violation that is punishable by a fine of $100 to $200.

Contact an Elmhurst Marijuana Possession Defense Attorney

The experienced attorneys at Kathryn L. Harry & Associates, P.C. will guide you through your legal defense options, and work to improve the outcome in your marijuana case. We may be able to help you work out an agreement that could avoid prison time; seek to reduce the charges to a lower offense, or submit pretrial motions to have certain charges dismissed. Let us help defend your rights. Contact our skilled Oak Brook drug possession defense lawyers at 630-472-9700 to discuss your case in a free initial consultation. We represent clients in Wheaton, Downers Grove, Hinsdale, Lombard, Western Springs, Clarendon Hills, and surrounding areas.