LEGAL GUIDE
Written by attorney Mitchell Scott Sexner | Apr 16, 2010

Cannabis or Marijuana Crimes in Illinois

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. Violation of the Cannabis Control Act may trigger mandatory minimum sentencing provisions.

The law in Illinois prohibits ". . . 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"

Cannabis (also known as weed or pot) charges routinely involve police initiated searches or seizures. Our experienced criminal defense attorneys 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 attorney look closely at your particular case.

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The best outcome for a person facing such a charge is to convince the prosecution to dismiss the case. However, if the prosecution is unwilling to dismiss the case, experienced attorneys can review your case to determine whether a defense may apply. In most cases, the prosecutor must prove guilt beyond a reasonable doubt, so if an agreement cannot be reached with the prosecutor or judge, your criminal defense attorney will be properly prepared to take your case to trial.

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