DuPage County Illegal Sale of Marijuana Defense Lawyer

Illinois law permits the legal sale of marijuana, but only through state-licensed dispensaries that follow strict regulations. Any sale of marijuana outside of this regulated system is considered illegal, and law enforcement in DuPage County aggressively prosecutes individuals accused of unlicensed sales. Cities like Naperville, Wheaton, and Elmhurst are known for strict drug enforcement, and those facing allegations of illegally selling cannabis can expect harsh penalties if convicted.

Even though Illinois allows adults to use marijuana, the illegal sale or distribution of cannabis remains a serious criminal offense under 720 ILCS 550/5. Convictions for selling marijuana without a license can lead to felony charges, lengthy prison sentences, and substantial fines. Additionally, a criminal record for drug distribution can impact job opportunities, housing applications, and professional licensing.

At The Law Offices of David L. Freidberg, we understand the complexities of Illinois drug laws and fight for those accused of marijuana-related crimes in DuPage County and throughout the greater Chicago area.

Illinois Laws on the Illegal Sale of Marijuana and Potential Penalties

Illinois’ Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.) permits licensed dispensaries to sell marijuana under regulated conditions. However, the Illinois Cannabis Control Act (720 ILCS 550/5) makes it a criminal offense to distribute marijuana without proper licensing.

The penalties for illegal marijuana sales depend on the amount of cannabis involved in the transaction. Small amounts may result in misdemeanor charges, but larger amounts lead to felony charges with mandatory prison time.

The sale of less than 10 grams is classified as a Class B misdemeanor, which carries up to six months in jail and fines. The sale of 10-30 grams increases the charge to a Class A misdemeanor, punishable by up to one year in jail and higher fines.

Felony charges apply when the amount of marijuana sold exceeds 30 grams. Selling 30-500 grams results in a Class 4 felony, carrying 1 to 3 years in prison. If the amount is between 500-2,000 grams, the charge increases to a Class 3 felony, punishable by 2 to 5 years in prison.

Larger-scale sales of 2,000-5,000 grams lead to a Class 2 felony, with 3 to 7 years in prison. The most severe charges apply to the sale of more than 5,000 grams, which is a Class 1 felony carrying a sentence of 4 to 15 years in state prison.

Additional sentencing enhancements apply when sales occur near schools, churches, parks, or public housing facilities. Selling to a minor also increases penalties, as courts impose harsher sentences when juveniles are involved.

If the case involves large amounts of marijuana transported across state lines, federal charges may apply. Under federal law (21 U.S.C. § 841), distributing 50 kilograms or more of marijuana carries a mandatory minimum sentence of 5 years in federal prison.

How Law Enforcement Investigates Illegal Marijuana Sales

Most marijuana sale cases begin with law enforcement investigations, which may involve undercover operations, surveillance, or informants. Police officers in DuPage County often conduct controlled buys, where undercover agents purchase marijuana from a suspect to obtain direct evidence of an illegal sale. In some cases, investigators monitor phone records, text messages, or social media activity for signs of drug transactions.

Once law enforcement gathers enough evidence, they may execute a search warrant at a suspect’s home, business, or vehicle. If officers find marijuana packaged for sale, cash, scales, or other materials used in distribution, prosecutors may file additional charges.

Traffic stops are another common way that marijuana sale cases begin. If police stop a vehicle and find large amounts of cannabis along with packaging materials, they may assume the driver intended to sell the drugs rather than use them for personal consumption.

After an arrest, the case moves through the Illinois criminal justice system. The defendant may be held in jail before their first court appearance, where a judge will determine bail and schedule further proceedings.

The Criminal Trial Process for Marijuana Sales Cases in Illinois

When a person is charged with the illegal sale of marijuana in DuPage County, the case moves through several phases in the criminal court system.

The first stage is the arraignment, where the defendant hears the formal charges and enters a plea of guilty or not guilty. If the case proceeds, the court schedules pre-trial hearings to determine evidence admissibility, witness credibility, and possible plea agreements.

During the discovery phase, both the prosecution and defense exchange evidence. This may include police reports, surveillance footage, digital communications, or witness statements.

If the case goes to trial, the prosecution must prove beyond a reasonable doubt that the defendant knowingly sold marijuana without a license. The defense has the opportunity to challenge the evidence, cross-examine witnesses, and present alternative explanations.

Common Types of Evidence in Marijuana Sale Cases

Prosecutors rely on various forms of evidence to establish an intent to distribute marijuana. Law enforcement may introduce:

• Physical evidence, such as marijuana packaged for sale, scales, or large amounts of cash
• Digital evidence, including text messages, call logs, or social media posts related to drug sales
• Witness testimony from informants, undercover officers, or other individuals
• Surveillance footage showing alleged transactions

A strong defense strategy may involve challenging how this evidence was obtained. If law enforcement violated constitutional rights during a search or interrogation, a defense attorney can file motions to suppress the evidence, potentially weakening the prosecution’s case.

Legal Defenses Against Illegal Sale of Marijuana Charges

Several defense strategies can be used in marijuana sale cases. If police conducted an illegal search without probable cause or a valid warrant, the evidence may be inadmissible in court. If law enforcement pressured or entrapped a suspect, an attorney may argue that the defendant would not have committed the crime without police coercion.

Another possible defense is lack of intent. Simply having marijuana or cash does not prove intent to sell. If no direct evidence of a sale exists, a defense attorney can argue that the marijuana was for personal use rather than distribution.

Misidentification or mistaken identity can also be a defense, particularly if the prosecution relies on eyewitness accounts or undercover operations that may not accurately identify the defendant.

Why You Need a Criminal Defense Attorney

The penalties for selling marijuana without a license are severe, and a conviction can impact employment, housing, and future opportunities. Without an experienced attorney, defendants risk long prison sentences, high fines, and a permanent criminal record.

A defense attorney can examine every aspect of the case, challenge weak evidence, negotiate plea agreements, or seek case dismissals. Having legal representation is essential to ensuring the best possible outcome.

Why Choose The Law Offices of David L. Freidberg

At The Law Offices of David L. Freidberg, we provide aggressive defense representation for those accused of illegally selling marijuana in DuPage County. With extensive experience handling drug-related cases, we know how to challenge prosecution tactics, suppress evidence obtained through illegal searches, and fight for case dismissals.

Our firm provides:

• 24/7 availability for legal consultations
• Aggressive defense strategies for felony and misdemeanor drug cases
• A commitment to protecting your rights and future

Call for a Free Consultation

If you are facing charges for the illegal sale of marijuana in DuPage County, contact The Law Offices of David L. Freidberg immediately. We are available 24/7 to provide a free consultation. 

Contact a DuPage County Underage Marijuana Possession Defense Lawyer Today

If you or your child has been charged with underage possession of marijuana in DuPage County, it’s critical to have a strong defense attorney on your side. If you’ve been charged with a drug crime in Illinois, don’t wait to secure legal representation. We provide personalized attention, aggressive defense strategies, and a commitment to achieving the best possible results. Our team is available 24/7 to answer your questions and provide guidance through every step of the legal process.

The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of a drug crime in DuPage County and throughout Illinois. We offer free consultations 24/7 to discuss your case and legal options. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for dedicated defense in DuPage County, Cook County, Will County, Lake County, and the greater Chicago area.