In Illinois, possession of small quantities of marijuana has been decriminalized, with individuals allowed to legally possess up to 30 grams of cannabis flower as of January 1, 2020. Visitors to Illinois are permitted to possess half the amount allowed for residents.
Marijuana Laws Are Often Misunderstood
Since the legalization of marijuana possession in Illinois earlier this year, there has been a noticeable surge in arrests for illegal cannabis possession in vehicles. Many people misunderstand the laws surrounding marijuana possession in vehicles, leading to numerous arrests. Recently, I encountered a client who was pulled over for speeding and, when asked by the police officer if there was anything in his vehicle, admitted to having a small amount of cannabis in the ashtray. The client mistakenly believed that since cannabis possession is now lawful in Illinois, transporting it in his vehicle carried no restrictions or consequences. However, upon admitting to having cannabis in his vehicle, he was arrested.
Under Illinois law, smoking marijuana in any motor vehicle is prohibited, as is smoking it near anyone under 21 years old. Individuals under 21 are not permitted to possess any amount of marijuana. While it is legal to transport cannabis in a vehicle, it must be out of reach of the driver and completely sealed in its original packaging, including for medical marijuana patients. Dispensaries typically package medical marijuana in sealed paper bags to facilitate legal transportation and minimize potential issues during police stops.
What Can You Be Charged With?
Being charged with marijuana possession in a vehicle can result in arrest and criminal charges, the severity of which depends on the quantity of cannabis involved. Possessing smaller amounts typically leads to less serious charges, while larger quantities can result in more severe consequences. Despite the decriminalization of small-scale possession, distributing any amount of cannabis remains illegal in Illinois. Individuals suspected of dealing marijuana can face arrest and charges for delivery of a controlled substance, regardless of the quantity found in their vehicle.
For legal safety, it is advised not to have any marijuana in your vehicle unless it was recently purchased from a dispensary and remains unopened in its original packaging. Opening the packaging or having loose cannabis in the vehicle increases the risk of arrest by law enforcement.
At Elovitz Law Office, we specialize in navigating the complexities of marijuana laws in Illinois. If you find yourself facing charges or simply need clarification on your rights in the Edwardsville, IL area, don’t hesitate to reach out. Our experienced team is here to provide guidance and support every step of the way. Your peace of mind is our priority.
