Possession of Cannabis:
What is Possession of Cannabis? What happens if the state charges me with Possession of Cannabis?
Simple Answer:
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.
Possessing:
- 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.