Possession of Cannabis / Marijuana

Facing a Cannabis Charge in Chicago? Criminal Defense Attorney Andrew M. Weisberg Can Help Protect Your Record and Your Future

Although recreational cannabis became legal in Illinois on January 1, 2020, many cannabis-related activities remain illegal and continue to result in criminal charges throughout Chicago and Cook County. People are often surprised to learn that possessing cannabis over the legal limit, transporting cannabis improperly, or selling cannabis without a license can still lead to arrest and prosecution. Even relatively small amounts can result in misdemeanor or felony charges with lasting consequences.

If you have been charged with a cannabis-related offense in Chicago, you should speak with an experienced criminal defense attorney as soon as possible. Andrew M. Weisberg is a former Cook County prosecutor who has defended clients in a wide range of drug cases, including cannabis possession and delivery. He understands the complexities of Illinois cannabis law and works aggressively to protect your rights and achieve the best possible outcome.

Understanding Illinois Cannabis Laws

Cannabis laws in Illinois are governed primarily by the Cannabis Regulation and Tax Act and the Cannabis Control Act (720 ILCS 550). While recreational use is legal for adults age 21 and older, the law strictly limits how much cannabis a person may possess and how it may be used or transported.

Adults age 21 and older may legally possess:

• Up to 30 grams of cannabis flower
• Up to 5 grams of cannabis concentrate
• Cannabis-infused products containing up to 500 milligrams of THC

Possession beyond these limits may result in criminal charges. The severity of the charge depends on the amount involved and the individual’s prior criminal history.

Cannabis must also be transported properly. In a vehicle, cannabis must be:

• In a sealed container
• Inaccessible to the driver
• Not in use while driving

Violating these rules can lead to citations or criminal charges.

Cannabis use is also prohibited in certain locations, including:

• Schools and school grounds
• Public parks in some jurisdictions
• Federal property
• Inside motor vehicles
• Anywhere smoking is otherwise prohibited

Because the law contains many technical requirements, individuals can face criminal charges even when they believed they were acting legally.

Cannabis Possession Charges in Illinois

Possession of cannabis outside the legal limits is still a criminal offense under 720 ILCS 550/4.

Common charges include:

• Possession of more than 30 grams but less than 100 grams
• Possession of more than 100 grams
• Possession by individuals under age 21
• Improper transportation of cannabis
• Possession in prohibited locations

Possession of more than 30 grams but less than 100 grams is typically charged as a misdemeanor for first-time offenders but may become a felony for repeat offenses.

Possession of more than 100 grams is usually charged as a felony, with penalties increasing as the quantity increases.

Felony cannabis charges can expose a defendant to probation or prison sentences as well as significant fines.

Delivery and Intent to Deliver Cannabis

Possession with intent to deliver cannabis is charged under 720 ILCS 550/5 and is treated much more seriously than simple possession.

Prosecutors may allege intent to deliver based on:

• Quantity of cannabis
• Packaging materials
• Digital scales
• Cash
• Text messages or phone records
• Statements to police

Even if no sale actually occurred, prosecutors may still pursue intent-to-deliver charges if they believe the evidence suggests distribution.

Penalties for delivery or intent to deliver increase depending on:

• The amount of cannabis
• The location of the alleged offense
• Prior criminal history

Delivery near schools, parks, or public housing can lead to enhanced penalties.

Why Cannabis Charges Still Matter

Because cannabis is now legal in limited amounts, some people assume cannabis charges are minor or easy to resolve. In reality, cannabis cases can still have serious consequences.

A conviction can lead to:

• A permanent criminal record
• Difficulty finding employment
• Housing problems
• Professional licensing issues
• Immigration consequences for non-citizens
• Increased penalties for future offenses

Avoiding a conviction is often the most important goal in cannabis cases, especially for individuals with no prior criminal history.

Defending Against Cannabis Charges

Cannabis cases often involve important constitutional and evidentiary issues. An experienced defense attorney can identify weaknesses in the prosecution’s case and work toward dismissal or reduction of charges.

Potential defenses include:

Illegal Search and Seizure

Many cannabis arrests result from vehicle stops or searches. If police lacked probable cause or conducted an unlawful search, the evidence may be suppressed.

Without the cannabis as evidence, the case may be dismissed.

Lack of Knowledge or Possession

The State must prove that you knowingly possessed the cannabis. If the cannabis belonged to someone else or was located in a shared area, possession may be difficult to prove.

Improper Testing or Evidence Issues

Laboratory testing errors, improper storage, or breaks in the chain of custody can weaken the prosecution’s case.

No Intent to Deliver

When intent-to-deliver charges are alleged, the defense may show that the cannabis was for personal use and not distribution.

Effective representation can often result in:

• Dismissed charges
• Reduced charges
• Court supervision
• Deferred prosecution
• Probation without conviction

Why Choose Andrew M. Weisberg

Andrew M. Weisberg is a Chicago criminal defense attorney with extensive experience handling drug-related cases, including cannabis possession and delivery cases.

Former Cook County Prosecutor

Before entering private practice, Andrew M. Weisberg served as a Cook County prosecutor. This experience gives him insight into how cannabis cases are investigated and prosecuted and how to challenge the State’s evidence effectively.

Strategic and Aggressive Defense

Andrew carefully analyzes police reports, search procedures, and laboratory evidence to identify the strongest defense available.

Direct Personal Representation

Clients work directly with Andrew throughout the case and receive clear communication and personal attention from start to finish.

Respectful and Confidential Representation

Andrew understands that drug charges can be stressful and embarrassing. Every client is treated with dignity, respect, and professionalism.

Frequently Asked Questions About Cannabis Charges in Chicago & Cook County

Is cannabis completely legal in Illinois?
No. Adults age 21 and older may possess limited amounts of cannabis, but possession above legal limits, delivery without a license, improper transportation, and underage possession are still criminal offenses.

Can I be charged if the cannabis was in my car?
Yes. If cannabis is not properly sealed or is accessible to the driver, you may face charges or citations. Police may also charge possession if they believe you knowingly controlled the cannabis.

What happens at the first court date for a cannabis case?
Misdemeanor cannabis cases typically begin in a local district courthouse. Felony cases begin with a bond hearing at the courthouse handling felony matters, such as 26th and California. An attorney can help protect your rights from the beginning.

Can cannabis charges be dismissed?
Yes. Many cannabis cases are dismissed due to illegal searches, lack of possession, or weaknesses in the prosecution’s evidence.

Will a cannabis conviction stay on my record?
Many cannabis convictions can be sealed, but some cannot. Avoiding a conviction is often the best way to protect your record.

Can I still be charged if the cannabis belonged to someone else?
Possibly. Prosecutors only need to prove that you knowingly possessed or controlled the cannabis. An attorney can help challenge those claims.

Do first-time offenders go to jail?
Many first-time offenders avoid jail, particularly with experienced legal representation. Alternatives such as supervision or deferred prosecution may be available.

Contact Chicago Criminal Defense Attorney Andrew M. Weisberg Today

If you have been arrested or charged with a cannabis offense in Chicago or elsewhere in Cook County, it is important to act quickly. Early legal representation can significantly improve the outcome of your case.

Call (773) 908-9811 for a free consultation or submit your information through the Case Review form on the website.

Your record and your future deserve a strong defense. Let Andrew M. Weisberg put his experience to work for you.