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Unlawful Transportation or Possession of Cannabis in Illinois

Unlawful possession, transportation or use of cannabis by a driver or a passenger in a motor vehicle is a Class A misdemeanor in Illinois, which carries up to a year in jail and/or a maximum fine of $2,500.00 plus mandatory fees and court assessments. A conviction for this offense may also cause a driver’s license suspension as outlined below depending on factors such as age.

In order to transport legally purchased cannabis in a motor vehicle (whether recreational from a licensed adult dispensary or medical from a medical dispensary), it must be in a sealed, odor-proof, child-resistant cannabis container. Regardless, if the cannabis was not legally purchased then possessing it is still illegal, regardless of how it's being stored and transported.

Although medical and recreational marijuana have been legalized in Illinois, there are still restrictions on when and where you can use or possess the drug, including within motor vehicles. The laws and administrative rules governing cannabis possession in motor vehicles are constantly evolving and can be difficult, even for experienced attorneys, to understand. It is recommended that you seek the guidance of an experienced defense attorney if you or a loved one has been charged with the illegal possession of cannabis in Illinois.

Unlawful Possession of Cannabis by Drivers and Passengers Under the Age of 21

Under 410 ILCS 705/10-15, driver or passenger of a motor vehicle who is not a medical cannabis card holder and under the age of 21 who is found to be in illegal possession of cannabis faces a 12-month driver’s license suspension upon conviction. A second or subsequent conviction will result in a driver's license revocation. This means that your license is at risk even if you weren't behind the wheel.

Unlawful Possession of Cannabis by Drivers and Passengers Age 21 and Older

A driver of any age who is not a medical cannabis card holder and found to be in illegal possession of cannabis faces a 12-month driver’s license suspension upon conviction. Therefore, those drivers age 21 and older face the same license consequences as those under the age of 21 for this offense.

A passenger who is 21 years of age or older will not face a driver’s license suspension for the unlawful possession of cannabis provided that he or she is not a medical cardholder.

Unlawful Possession of Cannabis by Medical Cannabis Cardholders

A driver or passenger who is a medical cannabis cardholder faces a 6-month driver’s license suspension for a first conviction; a 12-month suspension for a second conviction and a revocation for a third or subsequent conviction.

Fraudulent Driver’s License, Permit or Identification Card

Under 410 ILCS 705/10-20, a person under the age of 21 who uses fraudulent written or oral evidence of age for the purpose of purchasing cannabis or otherwise obtaining a cannabis product faces a 12-month driver’s license suspension for a first conviction and license revocation for a second or subsequent conviction. This offense is a Class A misdemeanor.

Contact Our Cannabis Possession Defense Attorneys

The criminal defense attorneys at The Davis Law Group, P.C. have extensive experience representing those charged with cannabis-related offenses. Our attorneys concentrate in the areas of criminal and traffic law.

We have a thorough understanding of the ever-changing landscape of Illinois law. We regularly represent clients throughout the Chicago area including Cook County, Lake County and DuPage County. Contact us today for a free consultation by filling out the form on this page or calling us at (847) 390-8500.

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