Chicago Marijuana Defense Lawyer
Understanding the Decriminalization of Marijuana in Illinois
As of July 2016, Illinois Governor Bruce Rauner (R) signed a law which decriminalizes possession of small amounts of marijuana. Illinois is now the 21st state to authorize more lenient marijuana laws in the United States. In the past the possession of up to 10 grams of marijuana was a criminal class B misdemeanor with a punishment of up to six months in jail and fines of up to $1,500. However, the new law that is now in effect states that anyone caught with 10 grams or less of marijuana will be charged with a civil offense instead of a criminal one.
The crime will now be punishable by a fine of up to $200 instead of any jail time and the law also requires all municipalities to delete criminal citation records that were issued for marijuana possession over the last six months. Supporters of this bill argue that burdening individuals with criminal records for small amounts of marijuana only make it more difficult for them to gain traction in society as criminal records make it difficult for people to find housing and jobs.
The new law also sets a standard for how much marijuana can be found on a person to be considered too impaired to drive. Previously, Illinois operated under a Zero Tolerance Policy, any trace amount of THC found could be considered too impaired to drive, but many marijuana advocates argued that THC could stay in the body for many weeks after consumption. With this new bill, drivers found with five nano-grams of THC in their system within two hours of consumption could be cited for driving while under the influence (DUI).
Click here to learn more about the legalization of recreational Marijuana.
Federal Medical Marijuana Laws in Illinois
In 2014, Illinois officially became the 20th state in the US to legalize the use of marijuana. Listed under 410 ILCS 130/1 and titled, “The Compassionate Use of Medical Cannabis Pilot Program Act,” the law allows qualified cultivation centers to grow marijuana, qualified dispensaries to sell marijuana, and qualified patients and caregivers to use marijuana.
Qualifying medical conditions include:
- Alzheimer’s disease Amyotrophic Lateral Sclerosis (ALS)
- Cachexia/wasting syndrome
- Causalgia
- Complex regional pain syndrome type 2
- Dystonia
- Fibrous dysplasia
- Hepatitis C
- Hydrocephalus
- Interstitial Cystitis
- Multiple Sclerosis
- Myasthenia Gravis
- Nail patella syndrome
- Parkinson’s disease
- Rheumatoid Arthritis
- Spinal cord disease
- Syringomyelia
- Tourette’s syndrome
- Arnold Chiari malformation
- Cancer
- Chronic Inflammatory Demyelinating Polyneuropathy
- Crohn’s Disease
- Fibromyalgia
- Glaucoma
- HIV/AIDS
- Hydromyelia
- Lupus
- Muscular Dystrophy
- Myoclonus
- Neurofibromatosis
- Reflex Sympathetic Dystrophy (RSD)
- Sjogren’s syndrome
- Spinocerebellar Ataxia (SCA)
- Tarlov cysts
- Traumatic brain injury and post-concussion syndrome
While medical marijuana is legal in Illinois, federal law considers it to be a crime under 21 U.S.C. § 841(a)(1) and § 846 to manufacture, distribute or dispense a controlled substance or to conspire to do so. However, the U.S. Department of Justice issues an official memorandum which states the federal government would not interfere or intervene with states’ medical marijuana law, as long as the states properly regulate and control their medical marijuana markets.
For those wishing to legally cultivate, sell, or use medical marijuana in the state, our Chicago drug crime lawyer can successfully navigate the law’s extensive statutory and regulatory structure. Call us today at (312) 436-0638.
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