A California man faces criminal charges for cannabis trafficking after bringing approximately 86 pounds of cannabis into Illinois, according to an article by The Pantagraph. This man also faces criminal charges for possession of cannabis with intent to deliver.
This incident stems from a traffic stop in McLean County on Thursday, October 7. When police pulled over the California man near Interstate 55, they also discovered cannabis that was divided into individual packages weighing about one pound each.
Prosecutors stated that the 86 pounds of cannabis in question had a street value of $170,000 to $430,000, depending on certain factors. The California man allegedly grew the cannabis with the intent of delivering it to Ohio for eventual sale.
As a result of this incident, the California man faces Illinois charges for cannabis trafficking and possession with intent to deliver. In light of these charges, it seems like a proper occasion to review several Illinois statutes.
Cannabis Delivery Under Illinois Law
720 ILCS 550/5 furnishes the Illinois laws against cannabis delivery. With relatively few exceptions, this section makes it unlawful to deliver cannabis or possess cannabis with an intent to deliver. Even if the delivery crime is ultimately unsuccessful, possession with intent is punished in the same way as a completed delivery crime.
Section 5 also establishes the Illinois penalty for cannabis delivery crimes, including possession with intent. Any person who violates this section with respect to:
- Up to 2.5 grams of cannabis — Will likely face Class B misdemeanor charges, which are punishable by a maximum of six months in jail and $1,500 in criminal fines;
- Between 2.5 and 10 grams of cannabis — Will likely face Class A misdemeanor charges, which are punishable by a maximum of 12 months in jail and $2,500 in criminal fines;
- Between 10 and 30 grams of cannabis — Will likely face Class 4 felony charges, which are punishable by 12 to 36 months in prison and up to $25,000 in criminal fines;
- Between 30 and 500 grams of cannabis — Will likely face Class 3 felony charges, which are punishable by 24 to 60 months in prison and up to $50,000 in criminal fines;
- Between 500 and 2,000 grams of cannabis — Will likely face Class 2 felony charges, which are punishable by 36 months to seven years in prison and up to $100,000 in criminal fines;
- Between 2,000 and 5,000 grams of cannabis — Will likely face Class 1 felony charges, which are punishable by 48 months to 15 years in prison and up to $150,000 in criminal fines; or
- More than 5,000 grams of cannabis — Will likely face Class X felony charges, which are punishable by six to 30 years in prison and up to $200,000 in criminal fines.
Cannabis Trafficking Under Illinois Law
720 ILCS 550/5.1 supplies the Illinois laws against cannabis trafficking. Under this section, it is unlawful to knowingly bring cannabis into the state for the purposes of delivery or manufacturing. It is also illegal to arrange for cannabis to be brought into the state for the same purposes. Though trafficking charges are only applicable if there is at least 2,500 grams of cannabis involved.
The punishment for cannabis trafficking is tied to the penalties described above for delivery crimes. Even though the criminal fine structure remains the same, the term of imprisonment increases by double for cannabis trafficking crimes.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.