Am I Eligible for Probation for My Illinois Drug Possession Charge?

 Posted on May 27, 2020 in Drug Crimes

In many states, Illinois included, the majority of drug possession crimes are charged as felonies. Felony crimes typically carry serious penalties, including a prison sentence of at least one year. A conviction for a felony crime could affect you for the rest of your life and remain on your criminal record for years, if not permanently. This can impact your personal and professional future, making it difficult to obtain housing or employment. If you have been charged with drug possession, you should speak with an experienced criminal defense attorney about whether requesting probation is an option for this type of drug crime. 

What Are Felony Drug Possession Charges in Illinois?

The state of Illinois legalized the sale, purchase, consumption, and possession of recreational marijuana at the beginning of 2020. However, there are still limits to the amount of marijuana you can legally possess at any given time. Illinois residents can possess up to 30 grams of cannabis flower, up to 5 grams of cannabis concentrate, and up to 500 milligrams of THC in cannabis-infused products, such as edibles or tinctures. Any amount over these would be considered illegal. While possession of between 30 and 100 grams of marijuana is a Class A misdemeanor, a second offense or possession of more than 100 grams may be charged as a felony.

Other drugs also have certain amounts that can be considered felony possession. These include:

• 15 grams or more of drugs such as LSD, cocaine, and heroin

• 30 grams or more of drugs such as ketamine or methaqualone

• 200 grams or more of drugs such as amphetamines or barbituric acid

Understanding Eligibility Requirements for Probation

The idea that you can commit a felony drug possession crime and come out of it only receiving probation might seem too good to be true. However, for some people, probation is not an option. There are strict requirements that you must meet in order to be eligible for this type of probation. The two biggest requirements are that you must not have been convicted of a drug crime in the past, and you must not have received probation in the past. Other requirements for probation include:

• Pleading guilty to the felony possession charges

• Agreeing not to violate any criminal statute during your probation

• Agreeing not to possess a firearm during your probation

• Submitting to random drug testing during your probation

• Completing at least 30 hours of community service

Contact a Rolling Meadows, IL Drug Crimes Defense Attorney

If you have been charged with certain drug possession crimes, you should speak with a knowledgeable Arlington Heights, IL criminal defense lawyer. Many drug possession crimes are charged as felonies in Illinois, and they can result in a permanent criminal record. Scott F. Anderson, Attorney at Law is committed to helping you stay out of jail, and he will work to help you avoid a conviction whenever possible. To schedule a free consultation, call our office today at 847-253-3400.

Sources:

http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K410

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1937&ChapterID=53

https://www.illinoispolicy.org/what-you-need-to-know-about-marijuana-legalization-in-illinois/