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Arlington Heights drug crimes lawyer

Less than two weeks ago, the state of Illinois became the 11th state to legalize the recreational use of marijuana. Beginning in 2020, residents will be permitted to legally possess cannabis. However, there are restrictions on the amount, and cannabis trafficking will still be illegal unless you are licensed.

In light of this legalization, an Illinois man was recently sentenced to prison for purchasing 42 pounds of marijuana-infused chocolate online. The man was sentenced to four years in prison for the Class X felony of possessing more than 5,000 grams of a substance containing cannabis.

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Arlington Heights drug crimes defense attorney

For decades, recreational marijuana use has been illegal in most of the United States. In recent years, more states have legalized the use of recreational cannabis. Illinois became the latest state to legalize the use of marijuana for adults on May 31, 2019. This comes as a surprise to many, because Illinois is the first state to approve a recreational marijuana bill through the legislature rather than a voter referendum. This means big legal changes could be coming for people who face or have faced criminal charges relating to cannabis.

Illinois Makes History

The passing of this Illinois bill is monumental for the United States. No other state has passed laws to allow legal commercial sales of marijuana through the legislature. Vermont legislature allowed for the recreational possession of marijuana, but not sales, which were passed through a referendum. Recreational marijuana will be treated and taxed similarly to alcohol, in that only those who are over the age of 21 are permitted to purchase or use it.

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Posted on in Drug Crimes

IL defense lawyerMany people may think that drug crimes just deal with illegal drugs, like marijuana or heroin, but that is not the case. Under the Illinois Controlled Substances Act, prescription drugs are also covered. Though both illegal and legal drugs are in the Controlled Substances Act, prescription drugs are only legal when they are prescribed to you by a physician and you are using them in accordance with the directions on the bottle and your doctor’s orders. You can get in trouble by abusing prescription drugs, just like any other drugs.

Types of Controlled Substances

In Illinois, the Illinois Controlled Substances Act designates certain legal and illegal drugs, their classifications and the penalties for possession, distribution or misuse. The most commonly misused prescription drugs are:

  • Adderall;
  • Xanax;
  • Drugs with Codeine;
  • Morphine;
  • Fentanyl;
  • Vicodin;
  • Percocet;
  • Demerol; and
  • Ritalin.

Prescription Drug Crimes

There are a few ways in which prescription drugs can get you into trouble. The most common prescription drug crimes include:

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IL defense lawyerA new bill that was signed by Illinois Governor Bruce Rauner will amend the Illinois Controlled Substance Act to include more synthetic forms of marijuana, also known as synthetic cannabinoids. Senate Bill 2341, which was sponsored by Senator Jacqueline Collins, was created to hopefully severely limit the availability of these kinds of drugs, many of which have unknown side effects and some of which are known to be deadly. Manufacturers and those in possession of synthetic cannabinoids will be affected by this bill.

Bill Closes a Loophole in Law

Prior to this bill, there were many synthetic cannabinoids that were already illegal, but manufacturers could easily get around the law by making an insignificant change in the drug’s chemical structures. By making small changes, manufacturers could still sell the synthetic cannabinoid substances and avoid criminal charges because the new chemical structure was not illegal yet. The revised Controlled Substance Act provides that all synthetic cannabinoids are now illegal if they are not approved by the U.S. Food and Drug Administration, or if they are misused.

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IL defense lawyerFor years, people have been fighting for medical marijuana to be legal. Many people say there are numerous health benefits to using marijuana as a therapeutic way to cope with certain diseases and disorders. In fact, it is not uncommon for people to be medical marijuana patients anymore - it has been reported that there are over two million legal medical marijuana patients in the 29 states and the District of Columbia that have begun to make medical marijuana usage legal.

Prior to Illinois House Bill 4870, also known as Ashley’s Law, children who were using cannabis as a medical treatment could not use their medical marijuana medication while they were at school. The bill, which the Illinois governor signed into effect last week, allows parents to give a “cannabis-infused product” to their children while they are on school grounds or on a school bus. Cannabis-infused products can be foods, oils, patches, ointments or other cannabis products that are not smoked. The bill also prohibits schools from taking disciplinary action against students who use cannabis-infused products for medical reasons.

Bill Is Known as Ashley’s Law

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