You Can Still Get in Trouble for Selling Marijuana in Illinois

 Posted on February 24, 2023 in Criminal Defense

As laws all over the United States regulating marijuana become more permissive, it can be difficult to know what is legal and what is not. This is especially true because marijuana still remains illegal on the federal level. While people can buy, possess, and even grow certain amounts of marijuana illegally in Illinois, there are still consequences for doing these actions in the wrong way or in the wrong amounts - and privately selling marijuana still remains completely illegal. 

If you have been arrested for selling or possessing marijuana with the intent to sell, you might be tempted to think prosecutors will not pursue marijuana-related crimes seriously. This would be a mistake. To learn about how being convicted for distributing marijuana could affect your future, read on and then contact an Illinois criminal defense attorney for help with your case. 

What is the Law Around Selling Marijuana in Illinois? 

The only people who are legally allowed to sell marijuana in Illinois are those working in their capacity as an employee of a government-licensed dispensary. Private citizens cannot sell marijuana at all, even if they grow it themselves. You can have five plants of your own and possess up to 30 grams of marijuana, but you cannot distribute any amount or possess any amount if you plan to distribute it. 

If you are convicted of selling marijuana or possessing marijuana intending to sell it, how much trouble you get in will depend on how much you have. If it is only two and a half grams or less, you face misdemeanor charges with a maximum of six months in prison and $1,500 in fines. Between two and a half and 10 grams of marijuana is also a misdemeanor, but a more serious one that allows up to a year in prison and $2,500 in fines. More than that, however, and you face a felony with steep penalties commensurate with the amount of marijuana. For example, selling or possessing between 100 and 500 grams of any substance containing marijuana (including vapes, flower, hash, etc.) is a Class 3 felony that allows between five and 10 years in prison and $25,000 in fines. 

These penalties can all be increased even further if you move marijuana across state lines because then the crime becomes federal. The federal government prosecutes drug crimes aggressively and has enormous power and resources at its disposal to pursue convictions. 

Schedule a Free Consultation with a Naperville, IL Criminal Defense Lawyer

If you have been charged with a marijuana-related offense in Illinois, it is important to take it seriously. Even though marijuana is legal in certain circumstances, you can still face consequences that could threaten your future freedom, finances, and reputation. Call Law Office of Philip R. Nathe today to schedule a free, confidential consultation with our DuPage County, IL criminal defense attorney. 630-416-7600. 

Sources: 

https://www2.illinois.gov/IISNews/20242-Summary_of_HB_1438__The_Cannabis_Regulation_and_Tax_Act.pdf

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1937&ChapterID=53