The Law Office of Brian J. Mirandola


47 DuPage Court, Elgin, IL 60120

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Posted on in Drug Crimes

Aurora, IL drug lawyer

Here in the state of Illinois, possession of illegal drugs can come with serious legal ramifications. While medical marijuana is legal, recreational use and possession of marijuana are not. While possession of cannabis charges are serious, getting caught with even a small amount of cocaine, methamphetamine, or heroin can be life-changing if you are convicted.

If you are charged with a drug crime, it is important to understand the potential consequences and seek experienced legal assistance as soon as possible. 

Drug Charges in Illinois 

According to Illinois state law, the possible legal penalties of drug crimes depend on the type of substance and the amount seized by law enforcement.

If you are apprehended with less than 10 grams of marijuana, you may be charged with a civil offense, with a fine of up to $200. Possession of 10 to 30 grams is a misdemeanor for a first offense with up to a year in jail and fines of $2,500. Anything more than 30 grams becomes a felony, with mandatory minimum sentencing for a conviction and fines up to $25,000. 

With hard drugs like cocaine, meth, and heroin, a possession conviction automatically constitutes a felony on your record, starting with one to three years in jail and up to $25,000 in fines.

Drug Defense Strategies 

At The Law Office Brian J. Mirandola, we aggressively fight for the rights of our clients. Our trusted criminal defense team will do everything it can to keep a conviction off your record and secure the best possible outcome in your case. We can help prove your innocence if you did not know about the narcotics police say you possessed, or effectively negotiate a plea agreement with possible probation. Depending on the facts of your case, we may be able to secure enrollment in a diversion program to further lessen the potential damage.

Contact an Elgin, IL Drug Crime Defense Lawyer

Do not let a drug allegation severely impact your life. The Law Office Brian J. Mirandola is here to fight for you. To schedule a free initial consultation with an adept Kane County criminal defense attorney, contact our team today at 847-488-0889. 


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DEA chief, medical marijuana, Elgin drug crimes defense attorneyThe acting head of the federal agency tasked with enforcing the nation’s laws against illicit drug use is under attack after comments he made to reporters last week regarding the use of marijuana for medical purposes. Acting Administrator of the Drug Enforcement Administration (DEA) Chuck Rosenberg ignited a major controversy in a briefing that coincided with the release of the 2015 Drug Threat Assessment Summary, which showed an increase in illegal drug use for most substances, with the exception of cocaine. The report also observes that the use of marijuana is still technically illegal under federal law, despite decriminalization and medical marijuana legislation being passed in various states.

No Joking Matter

In his statements, Rosenberg took offense to the idea that marijuana could be medicinal, "because it’s not," he said. "We can have an intellectually honest debate about whether we should legalize something that is bad and dangerous, but don’t call it medicine—that is a joke."

As news of Rosenberg’s remarks went public, offended citizens around the country responded. A petition was quickly launched calling for the acting DEA chief’s resignation or for President Obama to relieve Rosenberg of his duties. To date, the petition has garnered more than 37,000 electronic signatures.

Scientific Indications

Proponents of medical marijuana consistently point to research that suggests that marijuana does have medicinal properties for a number of conditions. In particular, an analysis of nearly 80 medical marijuana studies, including more than 6,000 patients, was published in the Journal of the American Medical Association earlier this year, finding "moderate-quality evidence to support the use of cannabinoids for the treatment of chronic pain and spasticity." A growing number of medical professionals, including the American Medical Association, reject the federal government’s continued inclusion of marijuana on the Schedule 1 list of controlled substance, which indicates that there is "no currently accepted medical use."

Spin Control

A DEA spokesperson, in an emailed statement, attempted to clarify Rosenberg’s comments. The spokesman stated that acting Administrator Rosenberg meant that if marijuana was to be considered a medicine, it should be subject to the same protocols—i.e. FDA approval—as other drugs and pharmaceuticals.

Medical Marijuana in Illinois

The controversy, as luck would have it, has made national headlines at the same time that the medical marijuana program in Illinois finally gets underway. Earlier this week, six approved dispensaries opened their doors to registered, qualified patients for the first time, more than two years after the legislation outlining the program was passed. Its impact on the state remains to be seen, but, surely, state officials and federal regulators will be keeping a close eye on its progress.

If you have been charged with any type of marijuana-related offense, you need the help of an experienced Elgin criminal defense attorney. Contact the The Law Office of Brian J. Mirandola today for a free consultation and evaluation of your case. Call 847-488-0889 to schedule an appointment and get the reliable, affordable legal representation you need to protect your future.


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