Delivery of Cannabis
As of Jan. 1, 2020, the cultivation, trafficking, sale, or possession of a small amount of marijuana is legal in Illinois under the Cannabis Regulation and Tax Act (410 ILCS 705/1-999). The state also allows the use of medical marijuana for eligible patients, who also are permitted to grow their own medicine. Non-medical users, however, may not cultivate their own cannabis.
Current law (720 ILCS 570/100, et seq., Uniform Controlled Substances Act; 720 ILCS 550/1, et seq. “Cannabis Control Act”) states that residents of Illinois who are 21 years or older can possess:
- Up to 30 grams of Marijuana
- Up to 500 mg of THC in a marijuana-infused product or
- Up to 5 grams of marijuana concentrate
People who are from out of state can possess half of what a resident can possess. Only licensed dispensaries can sell marijuana and only those with specific transportation licenses can transport and deliver marijuana.
In Illinois, delivery of cannabis can be charged as a misdemeanor offense only if the amount of the cannabis allegedly delivered is 10 grams or less. If the amount of cannabis exceeds 10 grams, then a Class 4 Felony can be charged. The larger the amount of cannabis allegedly delivered, the greater the class of felony charged.
Also, pre-legalization convictions for marijuana-related offenses (under 30 grams) are eligible for pardons as long as no violent crimes were committed. Cases will be reviewed by the Prisoner Review Board.
Delivery of Controlled Substances/ 720 ILCS 570
720 ILCS 570/102 provides the definition of the term “delivery” under the Controlled Substances Act. Whenever a controlled substance changes possession from one person to another, it qualifies as a delivery. The term delivery also applies to an attempted transfer of possession, even it is unsuccessful. Delivery of any amount of a controlled substance such as cocaine, heroin, methamphetamine, ecstasy, or prescription medications not prescribed to the accused, are charged as felony offenses.
720 ILCS 570/401 also explains the punishment for possession of controlled substances with intent to deliver. Though the exact parameters depend on the type and quantity of controlled substance in question. To illustrate this principle, please find below a breakdown of the different Illinois penalties for possession of heroin with intent to deliver. If convicted, the offender can face criminal fines in the amount of either $500,000 or the street value of the heroin, whichever is greater. The offender will also face a prison sentence depending on the amount of heroin in their possession:
- 1 To 15 grams – A maximum of 15 years in prison
- 15 to 100 grams – A maximum of 30 years in prison;
- 100 to 400 grams – A maximum of 40 years in prison;
- 400 to 900 grams – A maximum of 50 years in prison; or
- 900 or more grams – A maximum of 60 years in prison.
Attorney Reese has years of experience handling matters involving Delivery of both Controlled Substances and Cannabis, and he is familiar with local courthouse procedures, the various Assistant State’s Attorneys, Judges that preside throughout the circuit courts, and Clerks of the Circuit Courts.
We will provide the representation you deserve throughout Cook County, Will County, Lake County and DuPage County.
Contact Attorney Reese @ 708-914-4570 if you have been arrested or charged NOW!