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Law Offices of Michael P. Schmiege

Main Office:
405 N. Wabash Ave, Suite P2C
Chicago, Illinois 60611

Downtown (312) 906-7800
Suburbs (708) 303-8100

Chicago Cannabis Possession Lawyer

Illinois Cannabis Defense Attorney

Facing a Cannabis Possession Charge in Chicago?

In Illinois, the law provides strict penalties for Drug Possession. The penalties increase according to the amount of cannabis (marijuana) found in your possession, the number of your previous offenses, and several other factors. For instance, if you had a firearm in your possession at the time of your Drug Possession arrest, or you were caught with cannabis within 1,000 feet of a church, school, public park, or movie theater, the court can double your sentence.

Everyone makes mistakes from time to time. You need a strong Chicago criminal defense lawyer on your side to ensure that a minor mistake doesn't turn into a major blot on your record that will follow you around for life.

Legal Penalties for Cannabis Possession

Illinois law makes a distinction between the possession of cannabis and the possession of any other illegal drugs. Illinois law classifies drugs other than cannabis as "controlled substances." The harsher penalties for possession of controlled substances fall under Illinois statute 720 ILCS 570. Illinois statute 720 ILCS 550 lists the penalties for Chicago Cannabis Possession convictions.

  • Less than 2.5 grams is a Class C misdemeanor punishable by up to 30 days in jail and/or a fine up to $1,500.
  • 2.5 to 10 grams is a Class B misdemeanor punishable by up to 6 months in jail and/or a fine up to $1,500.
  • 10 to 30 grams is Class A misdemeanor if it's your first Cannabis Possession offense. Your first offense if punishable by up to 1 year in jail and a fine up to $2,500. But if it's your second offense, Cannabis Possession of 10 to 30 grams is a Class 4 felony. Class 4 felonies are punishable by 1 to 3 years in prison and a fine up to $25,000.
  • 30 to 500 grams is a Class 4 felony on your first offense and a Class 3 felony on your second offense. Class 3 felonies are punishable by 2 to 5 years in prison and a fine up to $25,000.
  • 500 to 2000 grams is a Class 3 felony.
  • 2000 to 5000 grams is a Class 2 felony punishable by 3 to 7 years in prison and a fine up to $25,000.
  • More than 5000 grams is a Class 1 felony punishable by 4 to 15 years in prison and a fine up to $25,000.

The law prescribes harsher penalties for cannabis manufacture or delivery than it does for possession of cannabis for personal use, which is a misdemeanor crime. Possession of as little as 10 grams of cannabis could subject you to the harsher felony punishments relating to manufacture or delivery. You need an experienced Illinois Cannabis Defense Attorney to make an aggressive Chicago Drug Possession Defense on your behalf.

Help You Avoid a Conviction, a Guilty Plea, and Jail Time

Particularly if you're a first time offender, or you were caught with just a small amount of cannabis for personal use, you might be eligible for various options that could keep you out of jail and the offense off your permanent record. Mr. Schmiege's dedicated and intelligent defense could get your case resolved through your successful completion of drug school or other options that could lead to dismissal of the charge against you and expungement of the arrest from your record.

If you were caught with a larger amount of cannabis and charged with drug trafficking or manufacture, experienced Illinois Cannabis Defense Attorney Michael Schmiege could investigate your case and work to get the charge reduced to simple possession. Irregularities in the stop and search could provide a strong avenue for a successful Chicago Drug Possession Defense. Evidence obtained by the police through invalid warrants or searches could be suppressed.

Fight for Your Rights and Your Future

The diligent investigation of the circumstances surrounding your arrest and the aggressive defense provided by Mr. Schmiege could be the key to your freedom and clean record following your arrest for Cannabis Possession. Even if you were caught with a large quantity of cannabis under circumstances that make a dismissal unlikely, Mr. Schmiege's experience and knowledge of the law could help find flaws in the prosecution's case that could lead to reductions in the charge against you. Don't let a simple mistake destroy your future and bar you from future housing, credit, educational, and job opportunities.

Contact Chicago cannabis defense attorney Michael Schmiege today for your free legal consultation/case evaluation.