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What Are The Main Categories Of Drug Cases?


Only cannabis is considered a misdemeanor in Illinois; everything else is considered a controlled substance, even if you’re talking about a Xanax or Viagra, which means those cases are felony cases. Things are a bit different in Wisconsin, but that is the case in Illinois for the most part right now. Of course, there is a need to differentiate between possession and possession with intent to deliver and/or manufacture which, of course, are more serious offenses.

What Makes a Drug Case Go Federal As Opposed To Staying at the State Level?

The federal cases don’t deal with anything in small quantities. For instance, they will not deal with marijuana cases under a hundred pounds or cocaine cases involving less than 20 kilos, so it has to be a big case to go to the federal level.

Usually, the only way a federal case gets knocked down to the state level is when they run it as a calculated criminal drug conspiracy case and they blew their case; like they didn’t get the drugs, so they try and nail everybody on a state statute. The federal cases are far more serious and you usually don’t see those unless you are way up in the hierarchy of the drug delivery system.

I work pretty exclusively with state cases. I’ve done a couple of federal cases, but not many because there aren’t many of them out there, unless you are a big cartel attorney, which I’m not.

What Are Examples of Common Low-Level Drug Offenses?

Just simple possession or possession of drug paraphernalia is the most common. In Illinois, possession of drug paraphernalia, such as a pipe, a bow or anything used to smoke, is a class A misdemeanor, which means you can get up to a year in jail and a $2,500 fine. For possession, there are three types of misdemeanors – under 2.5 grams is a class C misdemeanor, while 2.5 to 10 grams is a Class B and 10 to 30 is a Class A misdemeanor. A Class C misdemeanor carries up to 30 days in jail, while a Class B carries up to six months in jail and a Class A carries up to one year in jail.

Under What Circumstances Does Marijuana Become a Felony Charge?

Marijuana becomes a felony you have more than 30 grams for possession or from 10 to 30 grams with intent to deliver. Therefore, if you bought an ounce of pot with a friend and split it, and you get caught and admit you split it, you’ll be charged with intent to deliver to your friend, which will be a felony.

What Kind of Cases Do You Tend to Get Most Often in the Marijuana World?

I actually get a little of everything; I have a 20-pound case going right now, and I had a 100-pound case a while back, although most are smaller. I’ve quite a few in the 3- to 5-pound range, in which local adults are selling some pot on the side to make some money. Pot is very expensive these days; ounces of marijuana used to sell for $30-40, but these days, good quality marijuana will sell for $300-400 or more per ounce, which makes it a much more profitable trade.

Are There Any Medical Marijuana Provisions in Illinois?

Illinois now has medical marijuana, but it was just approved, so they haven’t even started dispensing it yet, but obviously, if you have a medical marijuana card, under the new law, you can have up to two ounces every two weeks. However, to get a card here, you must have a really debilitating illness.

It’s not like Arizona or California where you can say you have a sore back and they give you a medical marijuana license. Here you have to have something like rheumatoid arthritis or residual limb pain, which happens when you have a limb cut off or get cancer; you have to have something really horrible to get a medical marijuana card.

For more information on Main Delineations In Drug Charges, please call (847) 244-4636 today to schedule a free initial consultation. Get the information and legal answers you’re seeking.

Barry Boches, Esq.

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