Marijuana Possession Lawyer in Chicago
Even with changing laws, marijuana possession charges in Illinois can still lead to serious criminal penalties.
Illinois has made major changes to its cannabis laws over the years, but many people are surprised to learn that marijuana possession can still lead to criminal charges. Despite broader legalization, there are strict limits on quantities, cultivation, and who is allowed to possess cannabis. A simple mistake, a misunderstanding, or outdated information can put you at risk of fines, jail time, and a criminal record.
At Kovacevic Law, we defend individuals facing marijuana possession charges throughout Chicago, DuPage County, and the surrounding areas. With over a decade of criminal defense experience, we understand how these cases are prosecuted and what it takes to protect your rights. You will work directly with your attorney Borjan Kovacevic, and you will always know the status of your case and every legal option available to you.
Whether you are accused of possessing cannabis without a medical card, carrying more than the legal amount, or unlawfully growing plants, we can help you fight the charges and pursue the strongest possible outcome.
Understanding Illinois Marijuana Possession Laws
Illinois cannabis laws have gone through major changes, but the legal consequences still depend heavily on the amount in possession and whether the offense is a first or subsequent charge. Under the Cannabis Control Act (720 ILCS 550), penalties vary based on quantity and prior criminal history.
Possession of Marijuana for a First Offense
- Less than 10 grams is a civil violation with a fine up to $100.
- 10 to 30 grams is a Class A misdemeanor with up to 1 year in jail and fines up to $2,500.
- 30 to 500 grams is a Class 4 felony with 1 to 6 years in prison and fines up to $25,000.
- 500 to 2,000 grams is a Class 3 felony with 2 to 10 years in prison.
- 2,000 to 5,000 grams is a Class 2 felony with 3 to 14 years in prison.
- More than 5,000 grams is a Class 1 felony with 4 to 30 years in prison.
Possession of Marijuana for Subsequent Offenses
- 10 to 30 grams becomes a Class 4 felony
- 30 to 500 grams becomes a Class 3 felony
Possession of Marijuana Plants
Illinois also restricts cannabis cultivation. Penalties include:
- Up to 5 plants: Class A misdemeanor
- 5 to 20 plants: Class 4 felony
- 20 to 50 plants: Class 3 felony
- More than 50 plants: Class 2 felony with fines up to 100,000 dollars
Larger quantities can suggest intent to distribute, which leads to significantly harsher prosecution.
For a free legal consultation with a Criminal Defense lawyer serving the Chicagoland area, call (312) 344-3340.
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Frequently asked questions
Learn how Illinois cannabis laws apply to your situation and what steps you can take to protect your rights after a possession charge.
Is marijuana fully legal in Illinois?
No, Illinois allows adults to possess limited amounts of cannabis, but possession above the legal limit or possession without proper authorization can still result in criminal charges. Cultivation also remains restricted unless you are a registered medical patient.
Can I go to jail for marijuana possession?
Yes, possessing more than the legal amount or possessing plants can result in misdemeanor or felony charges that include possible jail or prison time. First time offenders with small amounts may face civil fines, but larger amounts carry serious penalties.
What if I have a medical cannabis card?
A valid medical cannabis card allows you to possess certain amounts of marijuana legally. However, you must follow state guidelines, purchase through approved dispensaries, and remain within the authorized limits. Charges may be dismissed if you can prove lawful possession.
What if the police found marijuana during a traffic stop?
Many marijuana possession cases begin with unlawful searches. If the police searched your vehicle without probable cause or violated your constitutional rights, your attorney can fight to suppress the evidence, which may lead to dismissal.
Will a marijuana possession conviction stay on my record?
Some marijuana-related convictions may be eligible for expungement or sealing, depending on the amount and circumstances. Felony convictions for larger quantities are far more difficult to remove. Avoiding a conviction is always the best outcome, which is why early legal intervention is so important.