Unlawful Possession of Cannabis is a criminal charge in Illinois that can carry far-reaching and very unforeseen consequences. Sometimes called Possession of Cannabis, Pot Possession, Weed Possession, a Pot Case, a Weed Case, or several other names, the type of Cannabis charge a person faces largely depends on the amount, or weight, of Cannabis the State claims a person was caught with. Illinois State Law details Possession of Cannabis at 720 ILCS 550/4.
The majority of Cannabis Possession cases are charged as misdemeanor offenses. Generally, a misdemeanor is defined as any criminal charge where a person cannot be sentenced to more than one year, or 364 days, in the county jail. There are three types of misdemeanor charges and each one carries a different maximum penalty.
Unlawful Possession of Cannabis can be charged as a Class A misdemeanor when the amount of cannabis alleged to have been possessed is more than 10 grams but less than 30 grams. A Class A misdemeanor carries a possible sentence of up to 1 year, or 364 days, in the county jail.
Unlawful Possession of Cannabis can also be charged as a Class B misdemeanor when the amount of cannabis alleged to have been possessed is more than 2.5 grams but less than 10 grams. A Class B misdemeanor carries a possible sentence of up to 180 days in the county jail.
Unlawful Possession of Cannabis can also be charged as a Class C misdemeanor when the amount of cannabis alleged to have been possessed is less than 2.5 grams. A Class C misdemeanor carries a possible sentence of up to 30 days in the county jail.
Class C possession of cannabis is a charge that surprises many people when they learn that the basis for this charge is usually a very small amount of cannabis such as the small amount in a joint or blunt. The cannabis residue in a hitter pipe, bong, or other paraphernalia can also form the basis for a Class C possession of cannabis charge. Another surprise for many people is that they can be charged based simply on possession of cannabis seeds, stems, or “ditch weed.”
Unlawful Possession of Cannabis in amounts over 30 grams can be charged as a felony offense. Felony charges are different than misdemeanor charges because a person can be sentenced to prison, or the department of corrections, for a felony charge. Any sentence to the department of corrections is at least 1 year and can be upwards of 30 years depending on the type of felony charge a person is facing.
Many people are also surprised that a Cannabis Possession charge of even a very small amount can result in a person losing their job, being expelled from school, losing a scholarship, and loss of eligibility for certain types of financial aid. A charge for Unlawful Possession of Cannabis is not something a person should leave to chance on the belief that such a small amount of cannabis won’t cause any problems. Such a conviction can even result in a person not even being able to qualify for certain jobs, occupations, or professions. It is hard to believe but a conviction for Unlawful Possession of Cannabis can mean a person might not able to support their family or continue their education.
The attorneys at Miller & Pugh Law Offices, P.C., have extensive experience in handling cases of Cannabis Possession. As former prosecutors we have seen both sides of Cannabis Possession cases and, as a result, we know what it takes to successfully fight the State’s case. As former prosecutors we know how the prosecutors handle these cases and we know how to get you the best result because of our knowledge of these cases. Don’t take any chances when you are charged with Unlawful Possession of Cannabis. Your future and the future of your family may depend on it.
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