Possession of Cannabis:
What is Possession of Cannabis? What happens if the state charges me with Possession of Cannabis?
In easy terms, knowingly possessing cannabis is against the law in Illinois. Cannabis, as defined by Illinois laws, includes: marijuana; hashish; any part of the plant cannabis sativa (it does not matter if the plant is growing or not); seeds from the plant; resin extracted from any part the plant; any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including THC; and all other cannabinol derivatives (such as wax or THC oil).
Possession of Cannabis can either be a Misdemeanor or a Felony.
The purpose of the Illinois Cannabis Statute is to punish possession without being too burdensome on the majority of the population.
Defending Possession of Cannabis Charges:
In Illinois, there are different levels of charges for Possession of Cannabis, depending on how much you posses when you are caught.
- 10 grams or less is a civil violation, which carries the penalty of a fine no less than $100 and no more than $200. This, simply stated, is a ticket.
- More than 10 grams but less than 30 grams is a Class B misdemeanor, which carries the penalty of up to six months in jail, a fine up to $1,500, or both.
- More than 30 grams but less than 100 grams is a Class A misdemeanor, unless you have a previous offense for possession on your record for this same offense, in which case the charge is raised to a Class 4 felony. A Class A misdemeanor has a penalty of up to one year in jail, a fine up to $2,500, or both. A Class 4 felony has a penalty of one to three years in jail and a fine up to $25,000.
- More than 100 grams but less than 500 grams is a Class 4 felony, unless you have a previous offense for possession on your record for this same offense, in which case the charge is raised to a Class 3 felony. A Class 4 felony has a penalty of one to three years in jail and a fine up to $25,000. A Class 3 felony has a penalty of two to five years in jail and a fine up to $25,000.
- More than 500 grams but less than 2,000 grams is a Class 3 felony. A Class 3 felony has a penalty of two to five years and a fine up to $25,000.