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Il defense lawyerA lot changed in Illinois at the start of this year regarding how marijuana can be purchased and consumed, but there are still some restrictions to follow. Understanding these laws is important to safely use marijuana and avoid violations. If you or a loved one are charged with violating any of these laws, build a sturdy defense with an experienced criminal defense lawyer.

Illinois Marijuana Laws

Technically, adult use of recreational marijuana was legalized on January 1, 2020, in Illinois. This only applies to marijuana purchased from licensed dispensaries, and the private purchase and sale of cannabis remain illegal.

Just like alcohol, you must be 21 or over to purchase marijuana. Before this fullscale legalization, medical marijuana was available to those with a medical marijuana card. Those are no longer required to purchase cannabis, but anyone with such cards is subject to discounts and priority access to retailers’ stocks.

There are still some limits that define how much marijuana anyone is allowed to possess. Illinois residents are allowed to have up to 30 grams of cannabis flower. For cannabis concentrate, the limit is five grams. Edibles can only have up to 500 milligrams of THC.

In general, people 21 years and over are allowed to use legal marijuana in their homes or on-site at cannabis-related businesses. Use in public places, vehicles, school property, around people under the legal age, or near on-duty employees is prohibited. Any owner of private property is allowed to institute bans.

Criminal Records with Marijuana Charges

The bill that went into effect earlier this year states that anyone convicted for possession of 30 grams or less of marijuana in the past will have their records reviewed by the state’s Prisoner Review Board. If they determine that a record warrants a pardon, they will forward it to Governor Pritzker. If any such conviction also involved a violent crime, a pardon will not be issued. If the conviction was for possession of more than 30 grams of marijuana, that person can still push for an expungement of the charge from their record.

Contact a Kane County Criminal Defense Lawyer

Whether you face charges under the new marijuana laws or you are fighting for the cleansing of your criminal record, assistance from an experienced Elgin criminal defense lawyer is essential. At the Law Office of Brian J. Mirandola, we will fight to protect your rights and aggressively defend your case in court. Contact us today to schedule a free consultation at 847-488-0889.

 

SOURCE:

https://www.illinoispolicy.org/illinois-saw-nations-worst-population-loss-during-the-decade/

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Posted on in Marijuana

IL defense lawyerContrary to popular belief, it will not be a free-for-all beginning the first of the year when marijuana for recreational use becomes legal in Illinois. There are still certain regulations that will need to be followed. One part of the Illinois drug law that will not change in 2020 is that no one is permitted to grow cannabis plants in their home. The only exception to that rule is medical marijuana users; they will need a doctor’s note to do so (up to five plants).

Anyone caught growing cannabis without a doctor’s permission will face a drug charge and be fined $200. Instead of growing it, Illinois residents will be able to purchase the drug from any one of 20 cultivation facilities that have already been licensed to sell marijuana.

What Does the Law Currently Say?

There are still several months before marijuana becomes legal in Illinois. Until that time, residents should abide by the drug law or face felony punishments if caught possessing any illegal substance.

Right now, it is unlawful for anyone to possess marijuana and punishments become more severe with higher amounts of drugs.

  • Less than 2.5 grams: Up to 30 days in jail and/or $1,500 fine
  • 2.5-10 grams: Up to six months in jail and/or $1,500 fine
  • 10-30 grams: First offenders will face one year in jail and/or $2,500 fines while second offenders will be charged with a Class 4 felony with punishments of 1-3 years in prison and/or $25,000 in fines
  • 30-500 grams: First offenders will face Class 4 felony punishments while second offenders face Class 3 felony punishments of 2-5 years in prison and/or $25,000 in fines
  • 500-2,000 grams: Class 3 felony punishments
  • 2,000-5,000 grams: Class 2 felony punishments of 3-7 years in prison and/or $25,000 in fines
  • Over 5,000 grams: Class 1 felony punishments of 4-15 years in prison and/or $25,000 in fines

The Illinois drug law also covers false prescription violations, drug paraphernalia possession, and possession of hard drugs such as cocaine or heroin.

Once these types of convictions go on your record, they will affect the course of your life. It could tarnish your ability to get into a college you want to go to, what kind of job you want to have, and even what house you want to purchase.

The “lucky” few that can have their records expunged next year are those who were convicted of having 30 or less grams of marijuana in their possession.

Contact an Elgin, IL Drug Possession Attorney

There are several defense strategies that can help someone avoid a drug charge on their record. The lawyers from the Law Offices of Brian J. Mirandola can help build a defense and defend you from a negative conviction. To schedule a free consultation with a Kane County drug crimes lawyer, call 847-488-0889.

 

Sources:

https://www.iwu.edu/counseling/Illinois_Drug_Laws.htm

https://www.illinoispolicy.org/illinois-state-lawmakers-introduce-pass-85-billion-in-spending-in-12-hours-2/

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