DuPage County Marijuana Possession with Intent to Distribute Defense Lawyer

Marijuana Possession with Intent to Distribute Defense Lawyer in DuPage County, Illinois

Marijuana laws in Illinois have changed significantly in recent years, but the penalties for possession with intent to distribute remain severe. In DuPage County, where cities like Naperville, Wheaton, and Elmhurst are committed to strict law enforcement, being accused of marijuana distribution can lead to felony charges that carry mandatory prison sentences and substantial fines. Even though Illinois allows the legal use of cannabis for adults, possession with intent to distribute is treated differently than personal possession. Prosecutors aggressively pursue these cases, often seeking maximum penalties.

Anyone facing a charge under 720 ILCS 550/5, the Illinois Cannabis Control Act, must take the situation seriously. If convicted, the consequences can include years in prison, a permanent criminal record, and the loss of educational and career opportunities. At The Law Offices of David L. Freidberg, we defend individuals accused of marijuana-related offenses in DuPage County and throughout the Chicago area.

Illinois Laws on Marijuana Possession with Intent to Distribute and Potential Penalties

Illinois law allows adults to possess marijuana in small amounts for personal use, but distribution is another matter entirely. Under 720 ILCS 550/5, the penalties for possession with intent to distribute depend on the quantity of marijuana found and whether the case involves aggravating factors such as distribution near schools, involving minors, or prior drug-related convictions.

Possession with intent to distribute less than 10 grams of marijuana is a Class B misdemeanor, punishable by up to six months in jail and a $1,500 fine. However, charges quickly escalate based on the amount of cannabis involved. Possession with intent to distribute 10-30 grams is a Class A misdemeanor, carrying up to one year in jail and a $2,500 fine.

If the quantity exceeds 30 grams, the offense becomes a felony. Possession with intent to distribute 30-500 grams is a Class 4 felony, punishable by 1 to 3 years in prison and fines up to $25,000. If the amount is 500-2,000 grams, the charge increases to a Class 3 felony, with penalties of 2 to 5 years in prison. Large-scale cases involving over 5,000 grams of cannabis can lead to Class 1 felony charges, resulting in 4 to 15 years in prison.

The penalties become even more severe when the alleged distribution occurs within 1,500 feet of a school, church, park, or public housing facility, or if minors are involved in any way. In those cases, sentencing enhancements may apply, leading to longer prison terms and additional fines.

Federal charges can also be filed in cases involving large amounts of marijuana transported across state lines. Under federal law, marijuana remains a Schedule I controlled substance, meaning possession with intent to distribute can lead to a mandatory minimum of 5 to 10 years in federal prison, depending on the quantity involved.

How Marijuana Distribution Cases Begin and Law Enforcement Investigations

Marijuana possession with intent to distribute cases often start with routine police encounters, traffic stops, or anonymous tips. Law enforcement may conduct undercover operations, surveillance, or controlled buys to gather evidence. When officers suspect distribution, they look for factors that suggest more than simple possession. These may include:

• Marijuana packaged in small, separate bags
• Large amounts of cash, particularly in small denominations
• Scales, packaging materials, or ledgers tracking transactions
• Communications indicating drug transactions

Once an arrest is made, the individual is formally charged, and the case proceeds through the Illinois criminal court system. Prosecutors will work to prove that the suspect not only had marijuana in their possession but also had the intent to distribute it, based on circumstantial evidence.

The Criminal Trial Process in Illinois for Marijuana Distribution Cases

After an arrest for possession with intent to distribute, the case moves through several stages in the Illinois criminal justice system. The first step is arraignment, where the accused is formally read the charges and enters a plea of guilty or not guilty.

During the pre-trial phase, both the prosecution and the defense review the evidence. Defense attorneys may file motions to suppress evidence obtained through illegal searches, challenge the credibility of witnesses, or argue procedural violations.

If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that the accused not only possessed marijuana but also intended to distribute it. The defense attorney can present alternative explanations for the presence of cash, packaging materials, or other evidence, demonstrating that the marijuana was for personal use rather than sale.

For those convicted, sentencing can vary based on factors such as prior criminal history and the specific circumstances of the case. Some individuals may be eligible for alternative sentencing options, such as probation, drug treatment programs, or court supervision, instead of jail time.

The Importance of Legal Representation for Marijuana Distribution Charges

Defending against marijuana distribution charges requires knowledge of Illinois drug laws, experience handling felony cases, and an understanding of constitutional protections. Many cases involve search and seizure issues, as law enforcement may conduct warrantless searches or stop individuals without probable cause. An attorney can challenge unlawful police actions, ensuring that any illegally obtained evidence is suppressed.

A defense lawyer can also negotiate with prosecutors to seek reduced charges or alternative sentencing. In some cases, evidence may be insufficient to prove intent to distribute, allowing charges to be reduced to simple possession. Skilled legal representation can make a significant difference in the outcome of the case.

Legal Defenses to Marijuana Possession with Intent to Distribute Charges

Several defenses can be used in marijuana possession with intent to distribute cases. Illegal search and seizure is one of the most common, as law enforcement must have probable cause or a valid search warrant. If the search was conducted improperly, any evidence collected may be thrown out.

Another defense is lack of intent to distribute. Simply having a large quantity of marijuana does not automatically mean there was an intent to sell it. If there is no direct evidence of sales activity, an attorney can argue that the marijuana was intended for personal use.

Other potential defenses include mistaken identity, entrapment, and violations of the accused’s constitutional rights. Each case is unique, and a skilled attorney will evaluate all possible defenses based on the evidence.

What to Look for in a Criminal Defense Attorney for Drug Charges in DuPage County

When facing serious drug charges, choosing the right attorney is crucial. A qualified criminal defense lawyer should have experience handling felony drug cases, knowledge of Illinois drug laws, and a track record of success in defending clients in DuPage County. It is important to ask about case strategy, defense options, and potential outcomes during an initial consultation.

Why The Law Offices of David L. Freidberg Is the Right Choice

Defendants facing marijuana possession with intent to distribute charges need aggressive legal representation to avoid severe penalties. The consequences of a conviction can impact employment, education, and future opportunities. At The Law Offices of David L. Freidberg, we are committed to protecting our clients’ rights and achieving the best possible outcome in their cases.

Our firm provides:

• Aggressive defense strategies tailored to each case
• Comprehensive case evaluations and evidence review
• 24/7 availability to answer client questions and concerns

We serve clients throughout DuPage County, Cook County, Will County, and Lake County, ensuring that every case receives the highest level of legal representation.

Call Today for a Free Consultation

If you or a loved one has been charged with marijuana possession with intent to distribute, it is essential to act quickly. 

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.