Possession of cannabis may be a misdemeanor or a felony depending on the amount of cannabis. The manufacture, delivery, sale, or possession with the intent to deliver cannabis may be a felony depending on the amount of cannabis and the location where a person delivers the cannabis. For instance, different enhanced criminal penalties regarding cannabis will apply when cannabis is delivered or sold on or near school grounds or to children under a certain age. Violation of the Cannabis Control Act may trigger mandatory minimum sentencing provisions as well.
Although Illinois laws are amended periodically, presently the following statutes address cannabis as follows. Section 720 ILCS 550/3 defines cannabis as including:
(a). . . marihuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.
Possession of Cannabis is explained in Section 720 ILCS 550/4 as follows:
It is unlawful for any person knowingly to possess cannabis. Any person who violates this section with respect to:
(a) not more than 2.5 grams of any substance containing cannabis is guilty of a Class C misdemeanor;
(b) more than 2.5 grams but not more than 10 grams of
any substance containing cannabis is guilty of a Class B misdemeanor;
(c) more than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class A misdemeanor; provided, that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 4 felony;
(d) more than 30 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class 4 felony; provided that if any offense under this subsection (d) is a subsequent offense, the offender shall be guilty of a Class 3 felony;
(e) more than 500 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 3 felony;
(f) more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 2 felony;
(g) more than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony.
The manufacture and/or delivery of Cannabis is explained in Section 720 ILCS 550/5) as follows:
It is unlawful for any person knowingly to manufacture, deliver, or possess with intent to deliver, or manufacture, cannabis. Any person who violates this section with respect to:
(a) not more than 2.5 grams of any substance containing cannabis is guilty of a Class B misdemeanor;
(b) more than 2.5 grams but not more than 10 grams of any substance containing cannabis is guilty of a Class A misdemeanor;
(c) more than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class 4 felony;
(d) more than 30 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class 3 felony for which a fine not to exceed ,000 may be imposed;
(e) more than 500 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 2 felony for which a fine not to exceed 0,000 may be imposed;
(f) more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony for which a fine not to exceed 0,000 may be imposed;
(g) more than 5,000 grams of any substance containing cannabis is guilty of a Class X felony for which a fine not to exceed 0,000 may be imposed.
Cannabis (also known as weed or pot) charges routinely involve police initiated searches or seizures. Experienced Chicago criminal lawyers can evaluate the facts in a particular case to determine whether the police acted appropriately. If a court determines that the police illegally obtained evidence, the court may prohibit the prosecutor from using the evidence. Therefore it is important to have an experienced Chicago criminal lawyer look closely at your particular case.