Most people in Illinois know that marijuana is legal in the state, both medicinally and recreationally. However, there are some products that seem to live in a gray area of legality in many places – products like Delta 8.

Delta 8 is a derivative of hemp. It is also legal in Illinois. Still, there are some important things to understand about the legality of this substance. Read on to find out more about Delta 8 in Illinois.

What Is Delta 8?

Delta 8 is a chemical compound found naturally in hemp and marijuana. The chemical structure of Delta 8 is very similar to that found in marijuana. It contains THC just like its cousin Delta 9, the main compound found in marijuana that produces the euphoric feeling of being “high.”

Delta 8 is not as strong as Delta 9, which is why many people want access to it. You may hear it referred to as “diet weed” or “weed lite” for this reason. It typically has fewer of the less desired side effects of marijuana, such as anxiety, drowsiness, and paranoia.

In states where marijuana is not legal, Delta 8 is quite popular as an alternative to marijuana. However, there are important reasons for maintaining its regulation by state governments, including those in states like Illinois, where marijuana is legal.

Because it is derived from hemp and has naturally lower THC levels, this has allowed people to take advantage of legal loopholes to produce products containing it. These products may not be safe since their production isn’t regulated. This is why Illinois stepped in to make the products safer.

The Farm Bill

In 2018, the Farm Bill legalized hemp and its derivatives through the federal government. Legal cannabis products have less than 0.3 percent of THC in them. Even with the Farm Bill, each state can choose whether or not to pass laws that recategorize substances like hemp.

While these laws can change anytime, Illinois currently allows the main ingredient in these products, HHC. But the Illinois Department of Agriculture has stated that hemp and any hemp derivatives cannot be used to make intoxicating substances such as HHC or Delta 8.

The Problem with Delta 8 in Illinois

So why did the Department of Agriculture in the state restrict products like Delta 8? It’s important to understand that Delta 8 and hemp-derived products are still legal in the state. However, to combat these products’ lack of health and safety testing, they created rules about who can make and sell them.

In Illinois, online sales of Delta 8 are restricted. The only places that can legally sell these products are registered dispensaries. They cannot be combined with other intoxicating compounds.

Living in Illinois affords citizens many options that other states don’t provide, such as access to safe, regulated marijuana products – and now hemp derivatives like Delta 8. You should only buy this product from reputable dispensaries that have taken the time to produce a quality product for you to enjoy.

If you are found purchasing it illegally, then you may be in legal trouble as a result. That’s when it’s important to contact an experienced attorney to help you navigate the charges against you and avoid a criminal record that can impact your life.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Since Illinois legalized marijuana both recreationally and medically in the state in 2020, many people have taken advantage of it. However, the new laws do not allow certain things. It’s important to know what you’re allowed to do with marijuana and what you’re not allowed to do – if you want to stay out of legal trouble.

While marijuana may be legal in the state, there are still legal consequences for breaking the laws that are in place. That’s why it’s vital for every Illinois resident who partakes of marijuana to understand what they can and cannot do, especially when it comes to cultivating your own plants at home. Here’s what you need to know.

What Does Marijuana Being Legal Mean?

In 2020, cannabis, or marijuana, became legal in Illinois for recreational users. Up until that point, it had been legal for those who needed it for medical reasons and was approved for its use by a medical professional.

The new law made the sale, possession, and trafficking of small amounts of marijuana legal. However, the cultivation of marijuana is only something that can be done by people with qualifying medical conditions. Recreational users may not grow their own plants. If they do, then they can face legal consequences.

Medical Marijuana in Illinois

Since 2013, medical marijuana has been legal in the state. It lets those who have a qualifying medical condition register to use cannabis with the Department of Public Health.

With a doctor’s prescription, medical marijuana users can get up to 71 grams of marijuana every two weeks. If they require more due to a medical condition, they can get a waiver from the state. It is also legal for medical users to grow their own marijuana, but there are rules attached. Medical marijuana users can grow up to five plants over five inches tall, but they must be in rooms that are secure from anyone under the age of 21. Also, they must be grown out of public view.

Housing laws can also apply in some situations when it comes to growing. If you live in federally subsidized housing, you can be denied housing or evicted if you use or grow marijuana.

If you live in private rental housing, the landlords may ban smoking in their dwellings, but it can be used in other preparations. In a lease, it is possible for a landlord to ban growing marijuana on their property, so make sure you clear it with them before you do.

Penalties for Growing Marijuana

If you have a medical card, there are no legal penalties for growing up to five plants of your own. However, it is a violation of the law to grow plants for recreational use. Up to five plants will only result in a fine of $200, but the more plants you grow, the steeper the penalties.

If you have between 5 and 20 plants, you can serve up to three years in prison for a felony and be required to pay up to $25,000. If you have between 20 and 50 plants you can go to prison for five years, while 50 to 100 plants can send you to prison for up to five years and require you to pay fines of $100,000. If you have between 50 and 200 plants, that penalty is raised to seven years. Over 200 plants can lead to incarceration for up to 15 years.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Illinois is one of the states that has legalized marijuana, both recreationally and medicinally. While this makes many Illinois residents happy, it’s important to realize that this legalization isn’t a free pass. You can’t do anything you want with marijuana anywhere you please just because you’re over 21.

In fact, there are some really strict rules about marijuana in the state, including how to transport it. If you’re caught violating these rules, then you can face criminal penalties – even though marijuana is legal. Here’s what you need to know about how to safely and legally transport marijuana in the state.

How to Transport Marijuana in Illinois

Under Illinois law, those who are of legal age can transport marijuana within the state. However, the marijuana must be kept in a sealed, child-proof container that isn’t accessible to the driver as the car is moving. The best practice is to place the purchased marijuana in the rear of the vehicle and not open the container while you are in the car.

It is illegal in the state to consume marijuana in a car. This goes for both the driver and any passengers. It is also illegal to operate a vehicle under the influence of marijuana. If you are caught driving under the influence, it can count as a drugged driving charge under Illinois law, which has similar penalties as driving under the influence of alcohol.

Keep in mind that a car isn’t the only place you cannot consume marijuana according to state law. You also cannot operate an aircraft, boat, or any other type of motorized vehicle while under the influence. Illinois has a legal THC limit in the blood, which is five nanograms per milliliter. If you test above this, you can face criminal charges.

How Much Can You Legally Transport?

If you are a citizen of Illinois, you are allowed to possess the following amounts of marijuana as long as you are over 21 years of age:

• Five grams of cannabis concentrate
• As many as 500 milligrams of products infused with THC
• 30 grams of cannabis flower

If you are not a resident of Illinois, you are allowed to hold half of those amounts in the state.

Penalties for Transporting Marijuana

As mentioned, you can face DUI penalties if you are caught smoking marijuana in a vehicle or are found under the influence of marijuana while operating a vehicle. These depend on the number of your previous DUI charges. You can face penalties from a few months in jail all the way up to a few years, as well as steep fines and revocation of your driver’s license.

However, there are also penalties for transporting marijuana illegally. Illegal transportation is a Class A misdemeanor, and it can send you to jail for up to one year. You may also be required to pay fines for as much as $2,500. And you may be compelled to have an assessment done by the court. One piece of good news: there is currently no driver’s license suspension associated with this crime.

Remember, marijuana may be legal but there are still limits on what the law allows. As long as you are following the rules and transporting marijuana legally, then you should be just fine.

However, if you break the rules and get caught, you could face some serious penalties that will go on your permanent criminal record. This could impact your life for years to come.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

The legalization of marijuana in Illinois has led to some amazing things for residents of the state. Chief among them? Thousands of cannabis offenders who have had their records expunged due to marijuana’s legalization in the state.

WGN has reported that Governor Pritzker recently announced that almost 500,000 criminal cannabis cases are now eligible for expungement and forgiveness.

Illinois’ governor issued a pardon for nearly 10,000 cannabis convictions while the State Police wiped the records clean of 492,000 non-felony cannabis cases.

If you are looking to have your case expunged in Illinois, now may be the time. There are a few things you need to know about the process before you begin, though, as well as the eligibility requirements. Read on to find out more.

Minor Cannabis Offenses in Illinois

If you have an arrest record as an adult in Illinois for a minor cannabis offense, then you may be eligible for expungement of those records. A minor cannabis offense is considered the dealing or possession of 30 grams or less of marijuana before June 25, 2019.

In order to be eligible, the arrest must have taken place at least one year ago and you cannot have had any charges filed against you in court. If you were acquitted of the charges or they were vacated or dismissed, then you are eligible for expungement.

It’s also important to note that your charges cannot have involved giving marijuana to someone who was under 18 and at least three years younger than you or being arrested for a violent crime at the same time as the marijuana charges.

Police are automatically expunging records that meet the qualifications for expungement if you were arrested after 01/01/13. In that case, your record will be expunged by 01/01/21. For anyone arrested between 01/01/00 and 12/31/12, your record will be expunged by 01/01/23. If you were arrested before 01/01/00, then you can expect an automatic expungement by 01/01/25.

Please be aware that the automatic expungements being done by law enforcement will not expunge court records. You must seek expungement on your own of these records if you want that to happen.

Guilty Verdicts in Illinois on Minor Cannabis Offenses

For anyone who was found guilty of a minor cannabis offense, there is still hope of an automatic expungement. However, the process is a bit different.

In cases of conviction, the record must go before the Prison Review Board. They will advise that the Governor grant an expungement.

If he does, then it goes to the Attorney General who files a petition in the county you were convicted in to expunge your record. If this is granted, then you will be identified by the county clerk.

Expungement of Other Illinois Offenses

Even if you don’t meet any of the criteria mentioned, your case may still be eligible for expungement. Any misdemeanor where court supervision was received is eligible for an expungement two years after its successful completion except the following crimes:

• DUI
• Domestic violence such as stalking and violation of orders of protection
• Sex crimes that qualify you for the sex offender registry

Also remember that if you were never convicted you can seek expungement or if your conviction for a felony or misdemeanor was pardoned, vacated, or reversed.

How to Get Your Records Expunged

To have your records expunged if you qualify, you must first file a petition and pay a fee to the circuit court in the county where your charges were brought. Arrests or charges in multiple counties will require you to file a separate petition in each county.

The circuit clerk will then serve notice to the State’s Attorney’s office or the prosecutor that handled your case, as well as the arresting agency and legal officer of the local government that made your arrest. Any agency that receives notice can object to the petition within 60 days.

A hearing is then scheduled by a judge or, if no one objects, the judge may simply grant your petition. Even if you qualify, you should understand that the court has the right to either deny or grant your petition.

Expungement can do great things for you and your life but you have only one shot to do it right. That’s why it’s essential to understand the process if you qualify, and what is at stake when you apply for the expungement.

An experienced attorney can help answer your questions and guide you through the process to make sure everything is done right.

It’s a great thing that Illinois is expunging so many records due to its legalization of marijuana. Don’t miss out if you qualify for an expungement of your record for minor cannabis offenses.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

As of the beginning of 2020, it is legal to sell and buy cannabis in Illinois. The state has followed in the path of California and Colorado and made it legal to produce and sell cannabis for medical and recreational consumption in limited quantities.

While many people find this exciting, some are taking it a little too far. For example, a pair of men in Bureau County was recently arrested for possessing more than 600 pounds of cannabis.

Personal possession of cannabis is legal, yes. However, there are still limits regarding how much you can legally possess at a given time.

The Distinction Between Personal Possession and Distribution

The place where these two men went wrong was in scale. Illinois allows both individuals and retailers to have cannabis on hand, but the amount permitted is quite different.

Retailer Licensing

Retailers are permitted to have as much cannabis as they can purchase from a cannabis grower, but they must have one of only 75 available dispensary licenses in the state. This means that there are very few businesses in Illinois that have free reign to possess cannabis.

While more licenses are being granted over time, the two men who were arrested did not possess any such license.

Private Consumption

Meanwhile, private individuals have significantly lower limits on the amount of cannabis they can own. Specifically, Illinoisans are not allowed to possess more than just 30 grams (a little more than one ounce) of cannabis at a time. People from out of state are only allowed to have half that (15 grams of cannabis) at a time!

A quick calculation and you realize the two men were arrested for allegedly possessing 4,800 times more cannabis each than is legally allowed for personal possession.

Current Illinois Cannabis Laws: Still Stricter Than You Think

Just because cannabis is legal doesn’t mean it’s impossible to go to prison for possession. In fact, felony charges for relatively small amounts of cannabis are well within the realm of possibility.

For example, an offender’s first offense of possessions between 30 and 100 grams (1-3.5 ounces) of cannabis is a misdemeanor that carries the potential for a year in prison and up to $2,500 in fines.

Any subsequent offense automatically becomes a felony charge. Non-Illinois residents face the same penalties at just half those amounts. Possessing more than 5,000 grams – about 11 pounds – is a felony offense that can lead to 15 years in prison and $25,000 in fines.

Furthermore, if you are charged with the sale or trafficking of cannabis without a license, anything more than 10 grams is a felony charge. Trafficking or selling is essentially providing cannabis for another party’s use without a license.

Trafficking charges can be pressed for as little as 2.5 grams, with penalties including up to 6 months in prison and $1,500 in fines.

On the other end of the scale, trafficking more than 5,000 grams of cannabis without a license is a felony. It carries a 6-year mandatory minimum sentence, with the potential for 30 years in prison and $200,000 in fines.

Cannabis is legal in Illinois, but it’s still heavily regulated. It’s easier than you’d think to accidentally break one of these laws.

If you have been charged with a cannabis violation in Illinois, don’t hesitate to reach out to a qualified cannabis attorney. They can help you navigate the court system and understand your options.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

In 2019, Illinois Governor J. B. Pritzker House signed several house bills that legalized the recreational use of marijuana and allowed the state to expunge certain individuals’ marijuana possession arrest and conviction records.

For now, we’re going to look at the ones that affected 20 ILCS 2630, the Criminal Identification Act, which concerns the expungement of arrest and conviction records. Some expungements were automatic.

So, how did that work? What about the ones that weren’t automatic? What does expunge mean, anyway? Let’s examine what’s going on before we get ahead of ourselves.

Is Expunging an Illinois Marijuana Possession Arrest or Conviction Even Important?

When people fill out applications for employment, financial aid, loans, professional licenses, housing, and other important matters, there’s oftentimes a section that asks about arrests or criminal convictions and sometimes both.

For most people, those sections mean nothing. However, for those with arrest and/or conviction records, they’re horrible. It presents a lose-lose situation. Respond truthfully and face rejection for honesty. Respond falsely and face rejection for dishonesty.

So, if you or someone you love has a marijuana arrest or conviction record, it’s extremely important.

What Does “Expunge” Mean under IL Law?

While the Clerk of Courts Act is fairly detailed in its description of the manner by which a clerk of the courts maintains records, you may be surprised to learn that as of the date of this writing, Illinois law doesn’t actually provide an exact definition of expungement.

Low-Level Cannabis Convictions to Be Hidden from Public View

There are rumors however that this is being addressed. When legislation is finalized, the laws will essentially (supposedly) state that the public will not have access to an arrested or convicted individual’s name.

At least, that’s what government representatives, investigative reporters, and legal analysts told us they would do. It’s what Governor Pritzker claimed would take place on December 31, 2019, when he granted 11,017 misdemeanor expungements for individuals with low-level cannabis convictions.

Still, what did the governor mean by “low-level cannabis convictions?”

Automatic Expungement of Arrest Records in Illinois

If police arrested you for possessing less than an ounce (e.g., up to 30 grams of marijuana) the Illinois State police will automatically expunge those records. Neither the public nor law enforcement will be able to access your information.

You do not have to do anything at all for this to happen. Once a record is expunged, the court clerk will forward a notice to the individual’s last known address.

Adding these automatic arrest expungements to the misdemeanor expungements Governor Pritzker granted on December 31^st, the state estimated that more than 700,000 records would receive an automatic expungement. This “automatic” process, though, could take up to six years.

Important Expungement Dates

Because of this, the state-imposed deadlines for when automatically expunged records must be cleared. Those dates are as follows:

• Records created prior to January 1, 2020, but on or after January 1, 2013, shall be expunged prior to January 1, 2020
• Records created prior to January 1, 2013, but on or after January 1, 2020, shall be expunged prior to January 1, 2023
• Records created prior to January 1, 2000, shall be expunged prior to January 1, 2025

The Illinois State Police believe they will be able to complete all of the expungements before 2025.

Illinois Expungement by Petition

Those whose convictions concern possession between 30 and 500 grams of cannabis are not eligible for automatic expungement. If you are in that situation, you can petition or ask the court to expunge your record.

You must first have completed all your sentence obligations, including parole or probation requirements and supervision orders.

An experienced Illinois expungement attorney can guide you through this process if you need help.

Not Every Marijuana Arrest or Conviction is Eligible for Automatic Expungement

Automatic expungement does not apply to marijuana-related arrests and convictions associated with arrests and/or convictions for:

• Stalking
• Animal abuse
• Violent sexual crimes
• Any crime resulting that requires registration as a Sex Offender
• Local Ordinance Violations

What Ultimately Happens with Your Illinois Marijuana Records?

So, in general, if your offense involved small amounts of cannabis, you’re likely a part of the automatic expungement pool and for offenses with higher amounts or other circumstances to consider, you may have to petition. And in a handful of scenarios, you may not be eligible at all.

For those with arrests and/or convictions for any kind of marijuana possession charge left wondering what will happen in your specific situation, our best advice? Seek out an experienced Illinois criminal attorney.

He or she will be able to help you make sense of your situation and let you know where you stand, what you need to do, and what you should expect. Otherwise, you may end up spending days, months, or even years wondering and guessing.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Many have argued that the use of marijuana is a relatively harmless act and that criminalizing it is a waste of law-enforcement resources. On the other hand, even a small possession charge held severe consequences in most states. That is, until relatively recently.

Now, more and more states are beginning to review their current drug legislation and adjust policies so that they reflect modern attitudes. Illinois is one of them.

A Brief History of Illinois Marijuana Laws

Violations of previous Illinois marijuana laws involving as little as 2.5 grams or less could land offenders in jail for a month. Still, the state of Illinois has proven an early advocate for reducing over-harsh penalties.

In 2014, Illinois proposed 3 bills that would greatly change the way the state dealt with cannabis. Then, a law was passed in 2016 that made possession of fewer than 10 grams of weed punishable by a small fine, not jail time.

While possession of marijuana in larger quantities still carries consequences, some quite severe, based on the amount and circumstances surrounding the charge, we may see another change, come 2020.

An In-Depth Look at Legalized Marijuana in Illinois for 2020

The Governor of Illinois signed the legalization of recreational marijuana into law on June 25th, 2019. It will be enacted beginning January 1st, 2020.

Remember! Between now and January 1st, marijuana is still illegal. Current laws and policies are still in place until the end of 2019. In the meantime, learn how marijuana will be handled once the new policy goes into effect…

Who Will Be Able to Purchase Illinois Marijuana

Adults aged 21 and over will be able to purchase and possess the following:

• Up to 30 grams (about one ounce) of marijuana flower (dried plant material)
• Edibles totaling no more than 500mg of THC
• Up to 5 grams of cannabis concentrate products

Non-residents will only be able to purchase half of these amounts.

Taxing Recreational Weed

Recreational marijuana will be taxed at different rates in the state of Illinois based on THC levels. These tax rates are as follows:

• Marijuana and cannabis-infused products with a THC level that is less than 35% will be taxed at 10% of purchase price
• Cannabis-infused products with a THC level that is more than 35% will be taxed at 20% of purchase price
• Marijuana with a THC level that is more than 35% will be taxed at 25% of the purchase price

Smoking Cannabis in 2020

For now, the recreational use of Marijuana is prohibited in public spaces. Consumption is only legal in private residences. So if you are caught smoking in public, you may face charges.

New ways of thinking are typically accepted one step at a time, and the legalization of marijuana is no different. We can tell you that local jurisdictions can decide if they will allow people to smoke inside local dispensaries.

In the meantime, don’t risk getting into trouble. Limit your cannabis use to private homes.

What to Know About Growing and Selling

For those hopeful horticulturalists among you, be clear: Only medical marijuana users are currently allowed to grow plants at home legally right now. Even they are limited to a maximum of 5 plants.

Medical marijuana cultivators and dispensaries will be able to start selling to adults on January 1st, 2020 until new licenses are approved.

If you are not a licensed cultivator or dispensary and do not have the proper documentation to grow for medical consumption, again, understand your limits and enjoy the new legislation within the bounds of the law.

Managing Previous Possession Charges

Lastly, under the new policy, individuals with previous possession charges under 30 grams will have the ability to refer their records to the Prisoner Review Board for pardon. If your pardon is granted, the Illinois attorney general will take action to expunge those records.

For those persons convicted of possession of more than 30 grams, there is also home. Local state attorneys have the right to pursue these types of expungements on a case by case basis.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Many states are rethinking their stand on marijuana. Four states – Colorado, Washington, Alaska, and Oregon – have legalized marijuana for recreational use. Numerous states, including Illinois’ 4-year pilot program, have medical marijuana. And 15 states – including Illinois – are proposing decriminalization bills for marijuana possession.

Last year, Republican Governor Bruce Rauner vetoed a similar bill to decriminalize marijuana, but he offered legislators some guidance on how to modify the bill if they wanted to try again. The original bill proposed that possessing 15 or less grams of marijuana would be a civil offense punishable by a fine between $55 and $125. The new bill, in line with Rauner’s suggestions, has lowered the amount of marijuana to 10 grams and increased the fine to between $100 and $200.

This shouldn’t be such an issue considering that Chicago and nearly 100 Illinois communities currently allow police officers to use their own discretion in issuing citations instead of arresting someone for possessing small amounts of the drug. What the bill would do is provide a more consistent approach to how all of Illinois’ law enforcement agencies treat small amounts of marijuana. Moreover, it would align with Rauner’s goal of reducing the prison population.

So if the bill passes in the Senate and moves on to the House, there could be a good chance at decriminalizing small amounts of marijuana relatively soon. But what if the bill dies and we’re left with our current laws and penalties?

Current Illinois Marijuana Laws and Penalties

As it stands right now, the laws and penalties regarding marijuana in our state are, in a word, harsh. If the new bill passes, possessing 10 grams or less of marijuana would only require a civil fine up to $200. Right now, if you’re found with 10 grams or less, you can be charged with a criminal misdemeanor and could be spending up to 6 months in jail and paying $1,500 in fines! That’s quite a difference.

And it could make all the difference to someone who was in the wrong place at the wrong time. Jail can ruin a person’s life. But decriminalizing marijuana possession can keep someone out of jail and continuing to be a productive member of society.

So what happens if someone is accused of possessing more than 10 grams? Illinois and other states follow the rule that the greater the amount of marijuana in question, the harsher the penalties.

• 10 to 30 grams: This is a misdemeanor punishable by up to 1 year in jail and a fine up to $2,500.
• 30 to 500 grams: This is a felony punishable by a mandatory minimum of 1 year in jail and a maximum of 6 years with a fine up to $25,000.
• 500 to 2,000 grams: This is a felony punishable by a mandatory minimum of 2 years in jail and a maximum of 10 years with a fine up to $25,000.

While possessing a large amount of marijuana will still be taken very seriously in our state, decriminalizing marijuana could help decrease prison populations and allow otherwise productive, law-abiding people to continue with their lives. But regardless of whether this new bill pass or not, if you’re charged with marijuana possession, you should reach out to an experienced Illinois drug possession attorney to get those charges reduced, dropped, or dismissed.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

When it comes to medical care, few people would argue that war veterans deserve nothing but the very best that our country has to offer. For all that they have done for our country and for all they have been through, wounded veterans should be receiving only the best, most effective, and least harmful treatment.

But what if that treatment is weed?

According to a new bill that has been introduced in the House, medical marijuana has the ability to ease physical pain, stress, and anxiety, and should be available to war veterans as a legitimate medical treatment option. The legislation is called the Veterans Equal Access Act and it would allow the Department of Veterans’ Affairs’ (VA) doctors to recommend marijuana as a treatment option for some patients.

The Current State of Veterans’ Medical Affairs

Currently, millions of veterans receive their primary health care from VA doctors. But the VA is a federal entity, and since marijuana is classified as a Schedule I drug and is illegal at the federal level, VA doctors cannot prescribe it. This is in spite of the fact that many states have already decriminalized medical marijuana; even in the states where medical marijuana is legal, the drug cannot be prescribed by VA doctors. This means that the millions of veterans who receive their care from the VA are not allowed access to something that has potential to significantly better their lives.

Instead, veterans are routinely being prescribed opioids and other so-called “safe” pharmaceuticals, many of which can lead to dependence and can drag users through agonizing withdrawal symptoms. According to NPR, one in three vets polled say they’re on 10 different medications, none of which are without side effects. The side effects of these drugs range from stomach upset to full-fledged addiction.

For many veterans, medical marijuana would be a welcome alternative to opioid treatment.

What’s Next?

Because marijuana cannot legally be prescribed as a treatment option by VA doctors, many veterans are choosing to take matters into their own hands and self-medicate. But if they’re caught, they can face possession charges just for trying to alleviate medical distress.

As Rep. Earl Blumenauer says, this simply should not be happening. “We should be allowing these wounded warriors access to the medicine that will help them survive and thrive, including medical marijuana, not treating them like criminals and forcing them into the shadows.”

Of course, support for medical marijuana use is growing. In recent years, marijuana use has been consistently gaining support across the nation. (By 2015, six states will allow the recreational use of marijuana; 24 will allow the use of medical marijuana.) Clearly and indisputably, the tide is turning. Unfortunately, there is no telling how long it will take for this new wave to reach the VA, and until then our veterans are being forced to resort to illegal acts.

If The Veteran’s Equal Access Act passes, it could mean a major breakthrough for veterans. It would mean a new, potentially safer method for treating afflictions from physical pain to PTSD, without worrying about the addiction or painful side effects that often accompany opioids.

For now, though, marijuana use remains illegal in Illinois and the penalties for possessing the drug can range from 30 days in jail to multiple years and thousands of dollars in fines. If you find yourself in legal trouble as a result of possessing or using marijuana, don’t allow societal biases to hold you down. Make sure you understand all of your legal options and contact a local knowledgeable drug crimes attorney as soon as possible.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

The harsh penalties for possession of marijuana in Illinois have recently come under fire for a number of reasons. Many believe that charging individuals for misdemeanor marijuana possession, which is the leading arrest category in Chicago, is a waste of police time and tax dollars. Across the country, attitudes towards marijuana are shifting in favor of decriminalization or, in the cases of Colorado and Washington, legalization. Amidst these changing attitudes and the controversy over disproportionate drug crime sentencing, Chicago mayor Rahm Emanuel is voicing his support for the decriminalization of marijuana in Illinois.

Mayor Emanuel, who rose to political prominence as the White House chief of staff under President Obama, testified before the Illinois General Assembly about potentially removing the state’s strict pot ban. He told the Chicago Tribune that he believes it’s time “to free up our criminal justice system to address or real public safety challenges” and that decriminalizing marijuana would not only “save time and money” but would also “change people’s lives.” Emanuel’s statement seems to allude to the significant percentage of criminal offenders who are currently serving lengthy sentences in overcrowded prisons for non-violent drug crimes. According to the Federal Bureau of Prisons, almost half of all US prisoners are serving a sentence for drug offenses.

Emanuel also spoke about the impact a criminal conviction for possession of marijuana can have on the rest of a person’s life. Even though the crime is a misdemeanor, having a criminal record at all can significantly impact a person’s ability to go to college, get a good job, or even find a place to live. There is significant evidence that there is a huge racial disparity in arrests and convictions for drug crimes, and many of the people who find themselves facing these convictions already face major institutional barriers in creating a better life.

Where Illinois and the Rest of the Country Currently Stands on Marijuana

Emanuel’s high-profile push for the decriminalization of marijuana may signal a change in the wind for the state. Illinois has already made some small changes and last year became the twentieth state to legalize medicinal marijuana. However, even regulations on medicinal marijuana remain tight, and Governor Pat Quinn said that he was willing to sign the bill legalizing medical marijuana because it was “so tightly and properly drafted.” 23 states (including Illinois) and the District of Columbia have now made medical marijuana legal.

If Illinois does decriminalize marijuana, it will join DC and 17 states that have already done so. As mentioned above, Colorado and Washington are the only states that have actually legalized recreational marijuana, but Oregon, California, Alaska, Hawaii, Maine, and DC are beginning to look as though they will all pass legalization initiatives in the next several years.

Illinois residents should keep in mind that while attitudes are shifting in our state and nationwide, and while there will hopefully come a time when our states does decriminalize cannabis, Illinois still has some of the toughest marijuana possession restrictions and penalties in the country. If you’re charged with a misdemeanor for the possession of a small amount of marijuana, make sure that you contact a drug crimes attorney as soon as possible and fight to have the charge dropped. You don’t want a conviction negatively affecting the rest of your life.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and domestic violence.

Recent changes in Illinois law to allow people to buy, sell, and grow medical marijuana have proponents excited for the future. But even though the state has relaxed many of its laws related to marijuana, don’t make the mistake of thinking that it is completely legal now. There are still a number of restrictions in place, and you have to be careful if you don’t want to run afoul of the law and face serious consequences. One of the most important restrictions for medical marijuana entrepreneurs to know is where they can and can’t grow and sell their product.

Illinois Zoning Laws Limit the Legality of Medical Marijuana

Even though medical marijuana is now legal in Illinois, it’s not legal everywhere, and big parts of a number of communities are going to be completely off-limits. You can find maps showing where dispensaries and medical cannabis cultivation centers will and won’t be allowed here and here, though they’re not all that easy to understand.

Here are the basics of the restrictions laid out more clearly:

Keep away from schools. Dispensaries aren’t allowed to operate within 1,000 feet of a school, and cultivation centers can’t be closer than 2,500 feet.

Avoid day care centers. Much like with schools, dispensaries have to be at least 1,000 feet away, and cultivation centers at least 2,500 feet away.

Don’t go near child care facilities. The restrictions here are the same as those for the other child-based businesses above.

Skip residential neighborhoods. Unlike with schools, day care centers, and child care facilities, there aren’t any numbers here – you simply can’t have a dispensary or cultivation center at all in an area that has been zoned for residential use.

How Limiting Are These Restrictions to Medical Marijuana?

In a word: very. While technically the new medical marijuana law allows for up to 60 dispensaries and 22 cultivation centers across the state, there are so many schools and other child care facilities that the regulations effectively limit them to remote areas and small, centrally located pockets within cities. Those who want to get into the medical marijuana business in Illinois will need to be very careful and make sure that they follow the maps and go through all proper approvals before moving forward.

These regulations probably shouldn’t come as much of a surprise, since the Illinois medical marijuana law is already one of the most restrictive in the country. When compared to the almost two dozen other states that have legalized medical marijuana, Illinois is far more limited in which health conditions actually allow you to qualify. Additionally, patients will not only have to carry around marijuana ID cards, but also get a certification from their doctor saying that they can legally use marijuana.

Bottom Line: Enter the Medical Marijuana Business in Illinois Carefully

Ultimately, while our state has decided to make medical marijuana legal, it’s clear that the people in charge are taking a very cautious approach to legalization. Anyone who oversteps the bounds of the law – even by mistake – will be held accountable and possibly even prosecuted more sternly so that they can be an example to others looking to take advantage of this new law. If you thought that you were within your legal rights but find yourself charged with a drug crime related to marijuana, it’s vital that you contact an experienced criminal attorney immediately.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations.