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Illinois Penalties for Illegally Transporting Marijuana in Your Car

Posted on in Drug Crimes

Rolling Meadows, IL criminal defense attorney drug crimes

No matter what your feelings are on the subject, the truth of the matter is that more and more states have been legalizing the use and possession of recreational marijuana for adults. Currently, marijuana is still illegal by the standards of the federal government and classified as a Schedule I drug, meaning it has a high potential for abuse and does not have any medical benefit. However, since states have the ability to create and implement their own laws, there are some states in the country that allow adults to consume and possess marijuana, although there are typically specific laws that must be followed. In Illinois, there are strict laws pertaining to the usage, possession, manufacture, distribution, and transportation of marijuana products in Illinois. Breaking these laws could result in misdemeanor or felony charges, depending on the severity of the criminal offense.

Illinois Marijuana Possession Laws

Recreational marijuana possession only just recently became legal in Illinois. In fact, 2020 was the first year during which adults could legally use cannabis without also possessing a valid medical marijuana ID card. Though it is legal to use, there are limits to how much cannabis or cannabis-based products you may possess at any one time. As long as you are over the age of 21, you are permitted to possess up to:

  • 30 grams of cannabis flower

  • Up to 500 milligrams of THC-infused products

  • 5 grams of cannabis concentrate

Transporting Marijuana in Illinois

Consuming marijuana or any THC-infused product is illegal for anyone in a vehicle, whether they are the driver or a passenger. This would still constitute a DUI charge, which could be charged as a Class A misdemeanor or even a felony charge. However, it is not illegal to transport marijuana, though it must be transported in a specific way. To be considered legal while you are transporting it, the marijuana must be kept in a sealed, odor-proof, child-proof container that is inaccessible to you while you are driving. Violating these laws could potentially result in an officer assuming you were consuming cannabis while driving and issuing you a DUI charge.

Contact Our Arlington Heights, IL DUI Defense Attorney

For nearly one year, the use of recreational marijuana has been legal in Illinois, but there are still ways you can break the law with cannabis products. If you have been pulled over and charged with any type of cannabis-related DUI, the punishments can be harsh depending on the circumstances. That is why you should speak with our knowledgeable Rolling Meadows, IL criminal defense lawyer. To schedule a free consultation with Scott F. Anderson, Attorney at Law, call our office today at 847-253-3400.

 

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3992&ChapterID=35

 

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