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720 ILCS 550/5 – Possession of Cannabis with Intent to Deliver or Delivery of Cannabis

 

  • Up to a Class X Felony
  • 6-30 years in prison
  • Fine up to $25,000
  • Call for more details

 

Understanding Possession of Cannabis with Intent to Deliver in Illinois

Possession of cannabis with intent to deliver is a serious criminal offense in Illinois. This charge goes beyond simple possession and involves the possession of cannabis with the purpose of selling or distributing it. Even in a state where cannabis is legal for both medical and recreational use, there are strict regulations regarding its distribution, and violating these laws can result in severe legal penalties, including lengthy prison sentences, substantial fines, and a permanent criminal record.

 

What Constitutes Possession of Cannabis with Intent to Deliver in Illinois?

Under Illinois law, possession of cannabis with intent to deliver is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 550/5. The offense occurs when an individual knowingly possesses cannabis with the intention of distributing, selling, or delivering it to another person, without the proper licensing or legal authorization to do so.

Key factors that may indicate intent to deliver include:

  • Large Quantities of Cannabis: Possession of amounts exceeding the legal limits for personal use.
  • Packaging Materials: The presence of bags, scales, or other materials commonly associated with drug distribution.
  • Communications or Transactions: Evidence of discussions or arrangements to sell or distribute cannabis, such as text messages, emails, or observed transactions.

Examples of Possession of Cannabis with Intent to Deliver Under Illinois Law

Here are specific examples of what could constitute possession of cannabis with intent to deliver under Illinois law:

  • Possessing Large Quantities of Cannabis with Packaging Materials
    • Statute: 720 ILCS 550/5(a)
    • Description: An individual is found with 200 grams of cannabis, along with scales and multiple small bags, suggesting the intent to sell.
  • Arranging a Cannabis Sale
    • Statute: 720 ILCS 550/5(a)
    • Description: A person is caught with 100 grams of cannabis after arranging a sale through text messages, leading to charges of intent to deliver.

Penalties for Possession of Cannabis with Intent to Deliver in Illinois

The penalties for possession of cannabis with intent to deliver in Illinois are severe and depend on the amount of cannabis involved. Potential penalties include:

  • Class 4 Felony (for amounts between 10 and 30 grams):
    • 1 to 3 years in prison
    • Fines of up to $25,000
  • Class 3 Felony (for amounts between 30 and 500 grams):
    • 2 to 5 years in prison
    • Fines of up to $25,000
  • Class 2 Felony (for amounts between 500 and 2,000 grams):
    • 3 to 7 years in prison
    • Fines of up to $25,000
  • Class 1 Felony (for amounts over 2,000 grams):
    • 4 to 15 years in prison
    • Fines of up to $25,000

In addition to these legal penalties, a conviction for possession of cannabis with intent to deliver will result in a permanent criminal record, affecting future employment, housing, and other opportunities.

 

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of possession of cannabis with intent to deliver is a serious matter that requires an experienced defense attorney. Here’s why Andrew M. Weisberg is the defense attorney you need:

  • Extensive Knowledge of Illinois Cannabis and Drug Laws: Andrew M. Weisberg has a deep understanding of Illinois laws related to cannabis, including the complexities surrounding possession with intent to deliver. His background as a former Cook County prosecutor gives him valuable insights into how these cases are prosecuted, allowing him to craft effective defense strategies.
  • Strategic and Personalized Defense: Mr. Weisberg thoroughly examines the details of your case to identify any weaknesses in the prosecution’s evidence. He tailors his defense strategy to your specific situation, aiming for the best possible outcome.
  • Aggressive Courtroom Advocacy: Known for his assertive courtroom presence, Mr. Weisberg is committed to vigorously defending your rights, whether through negotiating a favorable plea or challenging the evidence at trial.
  • Compassionate and Confidential Client Support: Facing criminal charges can be overwhelming, but Mr. Weisberg provides not only expert legal representation but also compassionate and confidential support throughout the legal process. He ensures that you are fully informed and supported every step of the way.

Contact Andrew M. Weisberg for a free consultation to discuss your possession of cannabis with intent to deliver case and learn how he can help protect your rights and fight for the best possible outcome.