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Rolling Meadows, IL expungement attorney

Beginning in early 2020, the state of Illinois legalized the sale, purchase, and use of recreational marijuana, effectively decriminalizing the substance in most situations. The Cannabis Regulation and Tax Act (CRTA) made it legal for most adults over the age of 21 to consume, sell, or purchase cannabis. The Act also contained important legislation detailing the process and timeframe for expungement, sealing, or pardoning of eligible marijuana-related criminal records. Now more than one year later, nearly 500,000 non-felony marijuana-related arrest records have been expunged. Expungement of your prior cannabis-related arrest records can have a very positive effect on your life. 

Expungements and Pardons

In Illinois, there is usually a pretty strict process with fairly tough requirements when it comes to getting a criminal record expunged or pardoned by the governor. However, with the passing of the CRTA, hundreds of thousands of criminal records became eligible for expungement or pardoning across the state.

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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:

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Rolling Meadows felony drug possession attorney

In many states, Illinois included, the majority of drug possession crimes are charged as felonies. Felony crimes typically carry serious penalties, including a prison sentence of at least one year. A conviction for a felony crime could affect you for the rest of your life and remain on your criminal record for years, if not permanently. This can impact your personal and professional future, making it difficult to obtain housing or employment. If you have been charged with drug possession, you should speak with an experienced criminal defense attorney about whether requesting probation is an option for this type of drug crime

What Are Felony Drug Possession Charges in Illinois?

The state of Illinois legalized the sale, purchase, consumption, and possession of recreational marijuana at the beginning of 2020. However, there are still limits to the amount of marijuana you can legally possess at any given time. 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, such as edibles or tinctures. Any amount over these would be considered illegal. While possession of between 30 and 100 grams of marijuana is a Class A misdemeanor, a second offense or possession of more than 100 grams may be charged as a felony.

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Rolling Meadows, IL criminal defense attorney marijuana DUI

As of January 1, 2020, Illinois became the 11th state to legalize the recreational use of marijuana in the United States. Even though residents and visitors who are 21 or older can legally purchase and consume cannabis, there are certain restrictions on the amount that can be bought and where it can be ingested. The increased presence of marijuana in the state has had some people wondering whether or not they can be charged with driving under the influence (DUI) if they are caught driving a vehicle while under the influence of cannabis. The short answer is yes.

Marijuana DUI Laws in Illinois

Under Illinois law, you can be charged with DUI if you operate a motor vehicle while under the influence of alcohol, intoxicating compounds, methamphetamines, or “other drugs, including cannabis prescribed for medical purposes.” You are likely aware of the legal blood alcohol content (BAC) limit of .08, but there is also such a limit for tetrahydrocannabinol (THC) in your blood when you are driving a vehicle. In Illinois, a person is considered intoxicated if they are measured as having 5 nanograms or more of THC per milliliter of blood or 10 nanograms or more per milliliter of another bodily substance.

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