Feb 24

Facing a possession of marijuana charge in Illinois can be overwhelming and intimidating, given the serious nature of the offense and the negative consequences of a conviction. One of the most common questions people facing this charge ask is whether or not claiming that marijuana was not yours is an effective defense strategy. While this may be an option, it is important to understand the potential legal implications involved before making any decisions.

If you are facing possession of marijuana charges, speak with an attorney as soon as possible. Our Bloomington possession of cannabis attorney at The Prior Law Firm, P.C., can advise you on your defense options and ensure that you use the most effective defense strategy given the circumstances of your case.  

Understanding Possession Charges in Illinois

In order to determine if claiming that marijuana is not yours can be an effective defense strategy, it is critical to first understand how possession of marijuana charges work in Illinois. According to 720 ILCS 550/4, a person commits possession of marijuana when they knowingly possess a controlled substance like cannabis/marijuana.

This means that if a person has actual physical possession of or control over cannabis/marijuana, they can be charged with possession even if it does not belong to them. However, there are certain exceptions to this rule, and you may have other valid defenses available to you based on your particular circumstances.

The “It Isn’t Mine” Defense

In some cases, claiming that the marijuana found did not belong to you may be an effective defense strategy when facing possession of marijuana charges in Illinois. The court will likely consider factors such as who owned or had access to the location/vehicle where the substance was found, as well as where and how it was stored.

It could also depend on whether or not you were aware of its presence or whether or not you took any steps to prevent its use by others. It is important to note that without solid evidence backing up your claim, there is no guarantee that this line of defense will work for your case, so it should only be used as a last resort after consulting with a criminal defense attorney who understands drug crime law in Illinois.

Lack of Knowledge in Possession of Marijuana Cases

Another option would be to argue lack of knowledge – meaning that while you were aware of the presence of cannabis/marijuana on your property/premises, you were unaware that it was illegal or did not know its exact contents (i.e., THC content). This argument can also work depending on individual circumstances but should only be used after consulting with an experienced criminal defense lawyer as it involves complex legal arguments requiring skilled representation from someone familiar with these types of cases and their outcomes.

Get the Legal Counsel You Can Trust

Before deciding whether using “it isn’t mine” as a defense against possessing marijuana charges is right for your case, speak with an experienced criminal defense attorney. Our results-driven attorney at The Prior Law Firm, P.C., can advise you about the best strategies to fight against possession of marijuana charges based on the facts of your case. Call (309) 827-4300 for a free case review.