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Cannabis Possession Defense Lawyer in DuPage County, Illinois
Cannabis Possession Defense Lawyer in DuPage County, Illinois – Protecting Your Rights Under Illinois Law
Cannabis possession laws in Illinois have changed significantly in recent years, but they remain complex, and individuals still face serious legal consequences if caught violating the law. In DuPage County, cities like Naperville, Wheaton, and Downers Grove enforce strict penalties against those accused of unlawful cannabis possession, despite the state’s legalization efforts.
Under 410 ILCS 705/4-20, Illinois permits adults over 21 to possess limited amounts of cannabis. However, exceeding these limits, possessing cannabis as a minor, or possessing marijuana in certain prohibited locations can lead to criminal charges. If convicted, individuals could face fines, jail time, and a criminal record that affects employment and other aspects of life.
At The Law Offices of David L. Freidberg, we defend those accused of cannabis-related offenses in DuPage County. Whether you’re facing misdemeanor or felony charges, our legal team is prepared to fight for your rights and challenge the prosecution’s case.
Illinois Cannabis Possession Laws and Their Impact in DuPage County
Illinois law allows individuals over 21 to legally possess:
- Up to 30 grams of cannabis flower
- Up to 5 grams of concentrated cannabis
- Up to 500 milligrams of THC-infused edibles
Despite these allowances, violations of 410 ILCS 705/4-20 can lead to criminal charges. Possession of more than 30 grams but less than 100 grams is considered a Class A misdemeanor, carrying up to one year in jail and a $2,500 fine. If the amount exceeds 100 grams, the charge becomes a Class 4 felony, punishable by one to three years in prison and fines up to $25,000.
Those caught with over 500 grams face significantly harsher felony charges, with the possibility of extended incarceration and larger fines. Additionally, possession on school property, government buildings, public parks, or near federally regulated areas can lead to enhanced penalties.
Federal law, under 21 U.S.C. 844, still classifies cannabis as an illegal substance, meaning possession in federally controlled spaces such as airports or national parks can result in federal prosecution. Transporting cannabis across state lines also violates federal drug trafficking laws.
How Law Enforcement Investigates Cannabis Possession Cases
Cannabis possession cases in DuPage County often begin with police investigations, traffic stops, or searches based on probable cause. Law enforcement may claim to detect the odor of cannabis, observe suspected cannabis-related activity, or receive reports from informants. These initial observations often lead to searches of vehicles, residences, or personal belongings.
If an individual is arrested, they are taken into custody and booked at a local jail. At this stage, law enforcement may attempt to question the suspect, often without an attorney present. Statements made during these interrogations can be used against the accused in court. Having legal representation early in the process can prevent damaging statements and protect the defendant’s rights.
The Role of a Criminal Defense Lawyer in Cannabis Cases
Hiring a criminal defense attorney is essential for fighting cannabis possession charges. A lawyer can challenge illegal searches and seizures, argue for reduced penalties, and identify weaknesses in the prosecution’s case. An attorney also ensures that constitutional rights are upheld and that law enforcement followed proper procedures.
At The Law Offices of David L. Freidberg, we have decades of experience handling cannabis-related cases in DuPage County and understand the strategies necessary to achieve favorable outcomes for our clients.
Legal Defenses Against Cannabis Possession Charges
Several defenses can be used to challenge cannabis possession charges, including:
- Lack of possession: Prosecutors must prove the accused knowingly possessed cannabis. If the marijuana was found in a shared space, proving ownership becomes difficult.
- Unlawful search and seizure: If law enforcement conducted an illegal search, the evidence could be dismissed.
- Incorrect substance identification: In some cases, field tests produce false positives, and forensic testing may be necessary to confirm the nature of the substance.
Each case is unique, and a tailored defense strategy is necessary to challenge the prosecution’s evidence effectively.
Why Choose The Law Offices of David L. Freidberg?
If you’re facing cannabis possession charges in DuPage County, hiring a skilled attorney is crucial. At The Law Offices of David L. Freidberg, we provide aggressive legal representation and personalized defense strategies for every client. We work to reduce charges, suppress evidence, and seek alternative resolutions whenever possible.
Contact Us Today
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.