Proven Trial Attorney
Handling The Toughest Cases

Drug Possession and Cannabis Possession

| Mar 13, 2014 | Criminal Defense |

Fenbert & Associates represents men, women and juveniles charged marijuana possession, cannabis possession, and other drug offenses. We are experienced and aggressive attorneys, ready to challenge the stop, frisk and/or search the defendant’s person, vehicle or home by the police. Any and all drug charges can negatively impact a person’s career, reputation and liberty. The most common drug offense charged by Chicago Police and Illinois Police is Possession of Cannabis in violation of 720 ILCS 550/4.

  1. Possession of Cannabis is a crime in Illinois. 720 ILCS 550/4 entitled Possession of Cannabis provides that, it is unlawful for any person knowingly to possess cannabis and any person who violates this section with to:
    1. not more than 2.5 grams of any substance containing cannabis is guilty of a Class C misdemeanor;
    2. more than 2.5 grams but not more than 10 grams of any substance containing cannabis is guilty of a Class B misdemeanor;
    3. more than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class A misdemeanor; provided, that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 4 felony;
    4. more than 30 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class 4 felony; provided that if any offense under this subsection (d) is a subsequent offense, the offender shall be guilty of a Class 3 felony;
    5. more than 500 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 3 felony;
    6. more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 2 felony;
    7. more than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony.

To read more check out: Cannabis Control Act

There are a lot of issues in every criminal case. No criminal case is the same. However, in drug cases there are a lot of factors that need to be addressed related to “possession.” Did the defendant have knowledge that the cannabis was inside his vehicle, residence, or clothing? If the drugs were found as a result of a search of the defendant’s vehicle or residence, was there a valid warrant? Did the officer’s have probable cause to search the vehicle? If there is a Confidential Informant (CI), is the CI reliable?   Ultimately, is the green vegetation actually cannabis? How much does it actually weigh?

Fenbert & Associates represents men, women and juveniles charged marijuana or drug offenses throughout Chicago and the suburbs. If you would like a free consultation call Richard at 630-917-2051. He will discuss the strengths and weaknesses of your case, the possible penalties, and your desired outcome.