Category: drug crimes

Types of Cannabis offenses in Illinois – Drug Attorney Chicago

720 ilcs 550/4

Cannabis “Possession” Under the Law

Marijuana possession is considered a drug crime. “Possession” may include more situations than you think such as:

  1. Marijuana among your personal belongings, such as in your pockets, bag, purse or backpack
  2. Marijuana in your vehicle
  3. Marijuana in your home
  4. Marijuana paraphernalia, such as pipes or seeds, in your home, car or your belongings

In each of these situations, the law makes no distinction as to who the marijuana belongs to. So if a person brings marijuana into your house or leaves it in your vehicle, you could still be charged with a drug offense.

Also, multiple people can be in possession of the same cannabis. So if you are in a car with three friends, and there is marijuana in the car, in some cases all of you could face possession charges. This is called constructive possession.

Marijuana Law

Illinois drug law typically places marijuana into a lower level of offenses related to illegal drugs. Most marijuana offenses are considered misdemeanor offenses unless certain requirements are met such as: large amounts of cannabis, the sale or transfer of cannabis or using the drug near a school or church. In short, not all illegal drugs are equal, and possession of one may carry a harsher penalty than possession of another.

The actual drug charges brought with marijuana cases will depend on what happened in the circumstances of your case. Also, drug possession may be one of multiple charges brought about by the single arrest. If you are found with marijuana, you may be charged with:

  • Possession: Sometimes called simple possession, this charge is associated with small amounts of marijuana. In Illinois, possession can be a misdemeanor or felony.
  • Intent to distribute: If you are caught with a certain amount of marijuana – above a limit set by the law – you could be charged with possession with intent to distribute even if you have done nothing but possess the drug. Alternatively, having small amounts in multiple containers or packages can trigger a charge for intent to distribute. This charge is more serious than marijuana possession and comes with harsher penalties.
  • Trafficking/transporting: Similar to intent to distribute, these charges are typically associated with larger amounts of marijuana and arrests made in-transit. For instance, if you are caught with pot in a car, on a boat or while trying to board a plane, you could be subject to trafficking laws.
  • Possession of paraphernalia: This law adds additional charges to anyone found with marijuana paraphernalia. This could include pipes, seeds or any other equipment used to smoke, transport or grow marijuana.
  • Cultivation: Growing marijuana, for personal use or for distribution, is illegal in Illinois. Growing marijuana may bring about charges including possession, distribution and possession of paraphernalia.
  • DUI and DWI: While most people think about alcohol when they think of driving under the influence, most states’ DUI and DWI laws include provisions for anyone driving under the influence of marijuana.
  • Weapons charges: If you are arrested for possession of marijuana you may also be subject to weapons charges that may not otherwise apply. For example, in some states a a person arrested for drug possession may be charged with possession of a weapon or the drug charge enhanced because of the presence of a weapon based on something as innocent as a baseball bat.

Keep in mind that these marijuana charges don’t cancel each other out. It is possible, for example, that one arrest could lead to charges of possession, possession of paraphernalia and DUI.

If you’ve been arrested for a marijuana drug charge, or any other criminal offenses, you should have the very best representation.

Chicago drug attorney, Purav Bhatt practices in both state and federal courts in Chicago, Skokie, Rolling Meadows, as well as, Lake, Cook, DuPage and Will counties. Please call 773-791-9682 or contact Mr. Bhatt to discuss your matter.

Posted by Drug Law Mar 05, 2013
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Synthetic Drugs Make Police Job Difficult – Chicago Drug Attorney

chicago drug attorney

drug arrest

Law enforcement officials generally have a easy time enforcing traditional narcotics laws, but these same officers are playing a game of cat and mouse when it comes to new, constant evolving synthetic drugs.

According to a report, federal law enforcement officials at the Drug Enforcement Agency (DEA) are having a difficult time applying criminal charges to offenders who are producing drugs so new that they haven’t even been outlawed yet. Law enforcement officials state that drug producers have an endless supply of chemicals and can combine these substances in infinite ways to create new and unique methods for users to get high.

The designer synthetic drugs are constantly evolving and law makers are unable to react quickly enough to pass laws making these new substances illegal. As a result, police are constantly adjusting to shifting strategies in the drug production community. The days when police only had to worry about simple drug arrests such as marijuana possession, and their primary concerns were three or four traditional substances, like heroin, cocaine, and methamphetamine.

Now, the DEA uses a small army of chemists in a lab in suburban Washington, D.C. These chemists’ task is to stay ahead of the drug producers by anticipating the next popular chemical substances before they hit the streets. This so-called “war on synthetic drugs” has incredibly high stakes, as many of the newer drugs are chemically unstable or simply dangerous, which has created a tangible public health scare. In addition, drug dealers are able to sell many of these synthetic drugs online under the guise of regular household products. Bath salts, for example, are regularly sold online and used by some addicts to create a dangerous multiple-day high. And, while bizarre synthetic drugs like bath salts gain plenty of media attention, synthetic variations on more traditional drugs like marijuana and cocaine are giving police bigger headaches.

Today, 43 states had passed legislation banning some of the chemicals in synthetic marijuana, or other synthetic drugs. Legislation for other newly developed drugs has been slow to develop. Thus far, only Florida has passed legislation banning the sale of bath salts.

The slow pace of legislation has frustrated police officers, who often have to release suspected criminals when the substances found in raids turn out to be legal, despite their obviously dangerous properties. In addition, police often face long delays when they try to test the chemical compounds that compose seized drugs. Local police labs are often overrun with these requests, which may allow potential drug dealers to go free.

In response to these trends, some states have proposed extremely broad legislation that would ban any substances that are remotely similar to drugs that are currently illegal. Such laws, however, have faced strong criticism from observers who suggest that excessively broad laws could be complicated to enforce, and may prove to be unconstitutional. Because of these competing views, state legislatures may be a long way from adequately tackling the problem of synthetic drugs.

If you’ve been arrested for a marijuana drug charge, or any other criminal offenses, you should have the very best representation.

Chicago drug attorney, Purav Bhatt practices in Chicago, Skokie, Rolling Meadows, as well as, Lake, Cook, DuPage and Will counties. Please call 773-791-9682 or contact Mr. Bhatt to discuss your matter.

 

Posted by Drug Law Mar 04, 2013
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Marijuana Drug Possession Case for Major League Ballplayer – Chicago Criminal Defense Lawyer

Major League Ballplayer involved in drug possession case.

Marijuana arrest

possession of cannabis

Drug offenses are on the rise in Chicago, Illinois and across the country. Individuals from all walks of life are involved in drug offenses, including professional athletes. In Florida, a former player for the Tampa Bay Rays was arrested for drug possession.

According to Tampa Bay police, a man was pulled over in what appeared to be a routine traffic stop. During the traffic stop, authorities discovered a bag of marijuana on the driver’s lap and a marijuana cigarette behind his ear. Officers observed the individual place the bag of marijuana inside his mouth in an attempt to get rid of the cannabis.

Authorities placed the man into custody and charged him with drug related offenses including: marijuana possession, drug paraphernalia possession and tampering with evidence. In Illinois Possession of Cannabis falls under 720 ILCS 550/4(a), 720 ILCS 550/4(b), 720 ILCS 550/4(c) while Possession of Drug Paraphernalia falls under 720 ILCS 630/3.5(a).

This matter also shows how being accused of committing drug crimes, such as drug trafficking, can lead to an individual facing serious criminal charges. A drug crime accusation is a very serious matter and because of this, if a person is accused of having committed drug crimes, having good representation and a strong defense can be vital.

If you’ve been arrested for drug charges (marijuana, cocaine or heroin), or any other criminal offenses, you should have the very best representation.

Criminal defense attorney, Purav Bhatt practices in Chicago, Skokie, Rolling Meadows, as well as, Lake, Cook, DuPage and Will counties. Please call 773-791-9682 or contact Mr. Bhatt to discuss your matter.

Posted by Drug Law Apr 23, 2012
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Marijuana Trafficking Charges Brought Against 2 – Chicago Drug Attorney

Marijuana arrest

Drug Trafficking

Being charged with a drug crime is a very serious matter. Criminal charges including possession, manufacturing and/or delivery can be brought against you in connection with such allegations. If you receive a conviction for these types of  charges, you can face serious consequences ranging from a conviction to jail or prison time.

Recently, two men were driving motor vehicles along Florida’s Turnpike. For unknown reasons, the police decided to pull this pair of motor vehicles over.

According to the police, during the routine traffic stop, a drug sniffing dog was alerted to one of the two vehicles. The police then conducted a search of this vehicle in which police found 37 pounds of marijuana.

Police then arrested the two men. Now the two men face charges of marijuana trafficking and marijuana trafficking conspiracy and could face further counts.

What this case shows is that fighting a drug charge begins from the moment you interact with the police. What an individual needs to understand is that the police have many different tools and techniques: such as traffic stops, drug sniffing dogs and vehicle searches that they use in their drug crime enforcement efforts.

This matter also shows how being accused of committing drug crimes, such as drug trafficking, can lead to an individual facing serious criminal charges. A drug crime accusation is a very serious matter and because of this, if a person is accused of having committed drug crimes, having good representation and a strong defense can be vital.

If you’ve been arrested for drug charges (marijuana, cocaine or heroin), or any other criminal offenses, you should have the very best representation.

Criminal defense attorney, Purav Bhatt practices in Chicago, Skokie, Rolling Meadows, as well as, Lake, Cook, DuPage and Will counties. Please call 773-791-9682 or contact Mr. Bhatt to discuss your matter.

Posted by Drug Law Apr 05, 2012
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