Many people don't think that it should be a crime to smoke marijuana. While there are some places that are decriminalizing this drug, Illinois hasn't yet followed suit. It is vital that everyone who is interested in marijuana understand how serious the consequences are for people who are charged with selling marijuana in Illinois.
Criminal charges for selling marijuana can be either felony or misdemeanor, depending on how much marijuana a person has in his or her possession. More than 5,000 grams of marijuana can lead to a Class X felony charge. Having from 2,000 to 5,000 grams is a Class 1 felony, 500 to 2,000 grams is a Class 2 felony, 30 to 500 grams is a Class 3 felony and 10 to 30 grams is a Class 4 felony.
Amounts that are under 10 grams of marijuana can lead to misdemeanor charges. If the amount is 2.5 to 10 grams, it is charged as a Class A misdemeanor. Amounts under 2.5 grams are a Class B misdemeanor.
There are some instances in which a defendant might face enhanced penalties. If the drug sale was done on school grounds or if there are certain age considerations in the case, it is possible to face enhanced charges.
People who are caught with more than 2,500 grams of marijuana might face criminal charges for more than just selling marijuana. Those people might also face criminal charges for drug trafficking.
Understanding the meaning of a drug charge and learning the possible penalties might help defendants facing these charges to decide on certain aspects of their defense.
Source: FindLaw, "Illinois Marijuana Laws," accessed Sep. 23, 2015