Tag Archives: Illinois marijuana laws

St. Charles drug charges defense attorney

State and federal laws are always changing. In fact, over 250 new laws are planned to take effect in Illinois at the beginning of the new year. It is crucial to stay up-to-date with these law changes so that you know exactly what your rights are in the event you are charged with a criminal offense. Read on to learn about some of the most important changes taking place in Illinois law this January.

Recreational Marijuana Is Legal for Illinois Residents Over Age 21

The most newsworthy new law taking effect this January is the legalization of cannabis for recreational purposes. Illinois residents aged 21 and over will be legally allowed to purchase marijuana products from licensed retailers in the state starting January 1, 2020. Illinois residents can possess up to 30 grams of cannabis flower, up to 5 grams of cannabis concentrate, and up to 500 milligrams of THC in cannabis-infused products.

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St. Charles DUI marijuana attorney

If you are like most people, you probably assume that driving under the influence (DUI) only refers to driving while intoxicated from alcohol use. However, this is not the only way that a person can be charged with DUI in Illinois. According to Illinois statutes, it is against the law to drive while under the influence of any drugs or alcohol. Even medical marijuana users or individuals taking prescription medications can be at risk of receiving a DUI if the drug hinders their ability to drive safely.

How Will the Legalization of Marijuana Affect Illinois DUI Laws?

Illinois will soon be the 11th U.S. state to legalize the recreational use of marijuana. House Bill 1438 was signed into law by Illinois Governor JB Pritzker in June 2019, and it will take effect on January 1, 2020. After this date, adults 21 years old or older will be able to legally purchase marijuana, THC-containing edibles, and cannabis concentrate products. However, it is critical for Illinois residents to understand that they are still subject to DUI laws regarding driving under the influence of cannabis even after legalization takes effect. Illinois law prohibits driving under the influence of “any drug or combination of drugs to a degree that renders the person incapable of safely driving.” If you are driving under the influence of marijuana and are stopped by a police officer, you could be arrested for DUI.

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Illinois drug charges expungement attorney

It is no secret that cannabis laws are changing throughout the country, with some states legalizing the sale and use of marijuana, while others continue to incriminate those found in possession of the substance. At the end of May, Illinois joined many other states by legalizing marijuana. While the drug will soon be considered legal, there will be a variety of restrictions and regulations in place. The following are frequently asked questions and answers to act as a comprehensive guide for Illinois residents.

When and Where Can I Buy Marijuana?

Consumers will be able to purchase cannabis for recreational use starting on January 1, 2020. The legal recreational sale process will begin solely through medical marijuana dispensaries in January 2020 but will expand to new stores, processors, cultivators, and transporters in mid-2020 as the state grants additional licenses. Illinois will allow up to 295 stores to operate by 2022; however, county and municipal governments will be allowed to decide whether to allow such businesses to operate in their designated area.

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St. Charles drug crimes lawyer

Illinois is possibly on the verge of legalizing marijuana for recreational use for adults age 21 and older, perhaps as early as Jan. 1, 2020. This would mean residents of the state could possess up to 30 grams of cannabis and non-residents could have up to 15 grams. The decriminalization could also lead to expungement for certain marijuana possession convictions that were made based on the current laws.

Marijuana Possession Penalties 

Currently, if a person is caught with 10 grams or less of marijuana, it is considered a civil violation, which means no jail time and a maximum fine of $200. A first offense with 10-30 grams is a misdemeanor, which could result in a year in jail and up to $2,500 in fines. Anything over 30 grams is a felony, with conviction resulting in anywhere from a year to 30 years in jail and fines up to $25,000.

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Illinois DUI attorney

Just like an alcohol DUI, it is against the law in Illinois to be under the influence of any drug while operating a motor vehicle. In Illinois, a person convicted of drugged driving can face serious consequences. 

What is Drugged Driving?

If a person is pulled over or is involved in an accident, and it is discovered they are impaired by a prescription or illegal narcotic through field sobriety, breath, or blood test, it is considered a DUI. This includes legal medical marijuana cardholders who display signs of impairment or who fail a blood test.

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