Few substances have been more hotly debated than marijuana or cannabis. Some believe that this plant-derived drug offers substantial medicinal benefits while others consider it to be a dangerous gateway drug. The laws governing the manufacture, sale, and consumption of marijuana are constantly changing. As of January 2020, the possession and use of recreational or medical marijuana are legal in Illinois for residents over age 21. However, Illinois residents are still subject to many marijuana-related restrictions. Violating these restrictions can lead to serious drug charges.   

Possession of More Than 30 Grams May Be a Misdemeanor or Felony Offense

Adults 21 and older are permitted to possess up to 30 grams or just over one ounce of marijuana flower and up to 5 grams of concentrated marijuana. Visitors to Illinois may possess half of these amounts. Many Illinois residents do not realize that although recreational marijuana is now legal in Illinois, there are still many ways in which the substance can lead to criminal charges.

Attitudes about drugs have changed dramatically in the last several decades. Illinois’ recent decision to legalize the recreational use of marijuana is one of the best examples of this. However, the possession, consumption, transportation, or manufacture of certain substances is still strictly illegal. If you or a loved one has been arrested and charged with drug possession, the penalties can be severe. That is why it is imperative that you contact an experienced criminal defense attorney who can help you build a robust defense against these serious charges.

Unlawful Search and Seizure

The Fourth Amendment to the U.S. Constitution gives us the right to be free from unreasonable searches and seizures. It also establishes the need for search warrants. One of the ways that this important right is applied is through the “exclusionary rule.” This rule prevents any evidence obtained in violation of a criminal defendant’s rights from being used against him or her during a criminal proceeding. If the illicit substances allegedly found in your possession were discovered during an unlawful search, this evidence may be inadmissible.

There is still over one month until recreational marijuana becomes legal in the state of Illinois. Even when the new year comes around, "hard drugs" including cocaine, heroin, and methamphetamines will still be illegal. It is unlawful for a person to possess, manufacture, sell, and traffic drugs in the state of Illinois, and offenders can face serious criminal charges if they are caught. That is why it is important to understand the new legislation for cannabis and how it could affect you. 

What Is Drug Trafficking?

The act of bringing any illegal substance across Illinois borders is considered “trafficking.” Whether it is marijuana or a more harmful drug, traffickers can face felony charges, which can result in jail time and hefty fines.

Illegal drug possession and use have climbed rapidly throughout the United States in recent years. The use of opioids has become more prevalent, and these drugs were responsible for 68 percent of fatal overdoses in 2017. According to the National Institute on Drug Abuse, approximately 47,600 people died in 2017 due to an opioid drug overdose. It is important to understand Illinois laws regarding the possession of illegal drugs in the event you are faced with such charges, even if you were simply a witness to an overdose and called for help. 

Who Is to Blame For Overdose Deaths?

In Illinois, a person who sold the drugs that led to a fatal overdose can be prosecuted for drug-induced homicide. However, Illinois is also one of 40 states in the United States that upholds the Good Samaritan Law, which protects both the victim of the overdose and the person who calls the police for help from facing charges.

At the end of May, it was announced that Illinois lawmakers passed a bill that would legalize recreational marijuana use in Illinois. However, the law will not change until January 1, 2020. So the short answer is: Yes, recreational marijuana is still illegal in Illinois for now.

Possession of marijuana (as well as using, selling, and trafficking) is still punishable as a drug crime in Illinois for the rest of 2019. If someone is caught with marijuana, the punishment severity increases with the amount of the drug: