There are currently 10 states in which the recreational use of marijuana is legal. Unfortunately, Illinois is not one of them. Furthermore, there are numerous other drugs that are trafficked throughout the country that are unlikely to see legalization.
Even in states where the recreational use of marijuana is permitted, the federal government still prohibits the manufacture, sale, and possession of the drug. It only takes one call from the president to clamp down on its use and those states would be powerless to stop seizures. The DEA, however, has better things to do at the moment, so that has not happened.
It remains true, however, that Illinois police will seize and charge individuals even for marijuana possession.
If you have been charged under federal or Illinois law, you will need a seasoned defense attorney to help you beat the charges. Contact the Law Offices of Jonathan Minkus and we can help build your defense today.
Typically, states operate under a hierarchy of penalties. The more deadly the drug is, the higher the penalty for possessing it. Additionally, there are two types of possession – actual and constructive. Constructive possession occurs when the drug is not found on your person or property but in a place over which you exercise control. A skilled Wheeling drug possession attorney can help you plead the charges down or get them thrown out.
In cases where the quantity of drugs is greater than one person can logistically use, the prosecution may infer the intent to sell. In many cases, a good drug attorney can get these charges reduced to possession.
If you are caught with the equipment necessary to manufacture or grow drugs on your property, you can be charged with manufacturing. Typically, this will require a police officer to execute a search warrant. In some cases, police officers may overstep their boundaries under the law. If this is the case and they entered your property illegally, a good drug attorney will be able to get those charges tossed out.
If you are charged with drug distribution, that means that police have either witnessed the sale of the drug or have set you up. Otherwise, they must charge you with the intent to distribute. Trafficking, on the other hand, means that you have brought the drugs into the state from another state. These are the most vigorously prosecuted drug crimes in Illinois.
Senior Partner Jonathan Minkus has successfully defended individuals charged with every conceivable criminal offense, from traffic misdemeanors to death-penalty eligible homicides.