970 McHenry Avenue, Crystal Lake, IL 60014
Botto Gilbert Lancaster, PC

Call Today for Your FREE Consultation

Call Us800-338-3833 | 815-338-3838

Facebook Twitter LinkedIn Google

Recreational Marijuana Would Create New Criminal Charges

Posted on in Drug Crimes

Recreational Marijuana Would Create New Criminal ChargesIllinois will have a referendum question on the November 2018 election ballot asking whether the state should allow the production and sale of recreational marijuana for people age 21 and older. The results of the referendum will not be binding, but asking voters the question shows that lawmakers are seriously considering legalization. If Illinois does decide to legalize recreational marijuana, the state will have a lot of work to do in order to regulate it, including changing the state’s criminal drug laws. There are several complicated factors involved with legalizing marijuana on a state level:

  1. Quantity Limits: States that allow recreational marijuana put limits on how many plants a person may cultivate and how many ounces they may possess. People using marijuana for medical purposes are generally allowed to grow and possess more.
  2. Public Use: States with legalized marijuana generally do not allow people to use it in public places, including designated smoking areas. The infraction can be a misdemeanor, depending on how much the person has in his or her possession.
  3. Distribution: As with medical marijuana or liquor, only licensed vendors would be allowed to sell recreational marijuana. Selling or delivering marijuana without a license would be a criminal offense.
  4. Underage Possession: Illinois has signaled that there would be an age minimum of 21 in order to possess marijuana. Unlike with underage possession of alcohol, the amount of marijuana that the underage person possesses could change the severity of the charges.
  5. Driving While High: Driving under the influence of marijuana is already a crime in Illinois, with a zero-tolerance policy because the substance is illegal. Driving while high on marijuana would still be a crime. However, lawmakers would need to come up with a new standard for determining when a person’s marijuana use has impaired his or her driving.
  6. State vs. Federal Law: Unless the U.S. Congress changes the law, it will still be a federal crime to possess and distribute marijuana. States have jurisdiction over people who use or sell the substance within their borders. Transporting marijuana over a state line is a federal offense, even if both states allow recreational marijuana.

Growing Pains

Local law enforcement would need time to adjust to the new laws if Illinois legalizes recreational marijuana. There would likely be several arrests as police and the public learn what constitutes legal marijuana possession. A McHenry County criminal defense attorney can help you contest your drug charges, regardless of whether Illinois’ laws change. To schedule a free consultation, call 815-338-3838.



Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
Back to Top