When authorities accuse a person of having illegally sold marijuana, a question the person might have is: if I am charged, will I be facing misdemeanor or felony charges?
The answer to this question will be different for different situations. For one, it can depend on the amount of marijuana a person is accused of selling.
Under Illinois law, selling marijuana falls under the offense of delivery of cannabis. The way state law regarding this offense is set up, the charge level for this offense rises with the amount of cannabis the offense allegedly involved. Here is a list of the different charge levels for cannabis delivery and the cannabis-containing substance amount corresponding with each charge level.
- Class B misdemeanor - 2.5 grams or under.
- Class A misdemeanor - greater than 2.5 grams, but equal to or less than 10 grams.
- Class 4 felony - greater than 10 grams, but equal to or less than 30 grams.
- Class 3 felony - greater than 30 grams, but equal to or less than 500 grams.
- Class 2 felony - greater than 500 grams, but equal to or less than 2,000 grams.
- Class 1 felony - greater than 2,000 grams, but equal to or less than 5,000 grams.
- Class X felony - over 5,000 grams.
Thus, those accused of selling over 10 grams of marijuana may be facing felony charges while those accused of selling 10 grams or less of marijuana may only be facing misdemeanor charges. As charge level increases, so too can the penalties a person could face.
Whatever charge level a person accused of marijuana sales is facing, having an experienced attorney to help them with their defense could be to their benefit. Defense attorneys can look through the details and specifics of a person's case and help them understand what defense options they have.