Marijuana Possession Lawyer in Chicago

Facing Marijuana Charges in Illinois?

Have you been accused of any type of drug crime related to marijuana? You may have been arrested for marijuana possession or may be facing charges related to marijuana distribution/sale, cultivation, trafficking or possession with the intent to sell. Depending on the amount of marijuana that was discovered by law enforcement, any prior convictions of this kind and various other factors, you may find yourself facing misdemeanor or serious felony charges. You need a competent lawyer in your corner to protect your interests.

Searching for a lawyer for a marijuana charge in Chicago?

My name is Mitch Furman, and I am an experienced criminal defense attorney with more than a decade of experience under my belt. Along with my knowledge in this field, I am also dedicated to tenaciously representing my clients against even the toughest prosecutors in order to protect their interests and help them avoid serious penalties. Consult with a Chicago criminal defense attorney from my firm today for assistance fighting your marijuana drug charges.

How to Fight Marijuana Charges

In building an effective defense against a client’s marijuana charges, I will conduct a careful examination of the case from every possible angle. I will look for any mistake or violation from a procedural or evidentiary standpoint, such as an illegal search and seizure or an error made by law enforcement in gathering or processing drug evidence.

There are two key strategies that often apply to marijuana charges and possession in particular:

Challenging the constitutionality of the search that discovered marijuana in your possession or on your property; and
Challenging whether the marijuana discovered was actually in your possession or whether you even had knowledge of its presence.

Illinois Marijuana Possession Limits

Illinois legalized recreational marijuana for adults 21 and older under the Cannabis Regulation and Tax Act. That does not mean possession is unlimited, and going over the legal amount can still turn into a criminal charge.

Under Illinois law, an adult Illinois resident may legally possess up to 60 grams of cannabis flower, 10 grams of cannabis concentrate, and up to 1,000 milligrams of THC in cannabis-infused products. Non-residents visiting Illinois are limited to half those amounts: 30 grams of flower, 5 grams of concentrate, and 500 milligrams of THC in infused products.

These limits apply per person, regardless of whether you hold a medical cannabis card, and possessing more than the legal amount – even if you believed you were within your rights – can expose you to charges ranging from a civil fine up to a felony depending on the quantity involved.

Penalties for Exceeding Legal Limits

Illinois penalizes marijuana possession above the legal limit on a sliding scale tied to weight: smaller amounts over the limit are typically treated as civil violations or misdemeanors, while larger quantities escalate quickly to felony charges carrying real prison exposure and fines that can reach $25,000 or more. Sale, delivery, or possession with intent to distribute carries its own, harsher penalty structure, and bringing marijuana into Illinois from another state can trigger trafficking charges.

Because the exact charge and penalty depend on the specific weight involved, any prior record, and the circumstances of the stop or search, there is no substitute for having an attorney review the details of your specific case. (720 ILCS 550/1 – /19; 730 ILCS 5/5-4.5-25 – 70)

Home Cultivation Laws in Illinois

Registered medical cannabis patients may cultivate up to five plants at home with no penalty. An adult who is not a registered patient and grows five plants or fewer faces only a civil violation, punishable by a fine of up to $200 – but growing more than five plants without a medical card is a felony, with penalties that increase sharply based on the number of plants involved, up to a Class 1 felony for more than 200 plants.

Marijuana and DUI in Illinois

Legal possession does not mean legal driving. Illinois treats driving under the influence of cannabis the same way it treats alcohol-related DUI, and a THC-related DUI charge carries its own separate penalties, license consequences, and defense considerations. If your marijuana charge is connected to a traffic stop or a DUI allegation, read more on our DUI with Marijuana page, or contact my office so we can look at the whole picture together.

Frequently Asked Questions

Is marijuana legal in Illinois?

Yes. Illinois legalized recreational marijuana for adults 21 and older in 2020 under the Cannabis Regulation and Tax Act. However, legal use is still subject to possession limits, age restrictions, and location restrictions (such as school grounds and moving vehicles).

How much marijuana can I legally possess in Illinois?

Illinois residents may legally possess up to 60 grams of cannabis flower, 10 grams of concentrate, and 1,000 milligrams of THC in infused products. Non-residents are limited to half those amounts.

What happens if I am caught with more than the legal limit?

Penalties scale with the amount involved, ranging from a civil fine for small overages up to felony charges for larger quantities. Sale, delivery, or intent to distribute carries harsher penalties than simple possession.

Can I grow marijuana at home in Illinois?

Registered medical cannabis patients may grow up to five plants with no penalty. Non-patients who grow five plants or fewer face only a civil fine, but growing more than five plants without a medical card is a felony.

Do I need a lawyer for a marijuana possession charge?

Even a seemingly minor marijuana charge can affect your record, your driving privileges, and, for non-citizens, your immigration status. An experienced Chicago marijuana defense attorney can review whether the search and arrest were lawful and work to have your charges reduced or dismissed.