DuPage County Underage Possession of Marijuana Defense Lawyer

Underage Possession of Marijuana Defense Attorney in DuPage County, Illinois

DuPage County, Illinois, is home to thriving communities such as Naperville, Wheaton, Downers Grove, and Elmhurst. While Illinois has legalized recreational marijuana for adults over the age of 21, minors caught in possession of cannabis still face legal consequences. Law enforcement in DuPage County actively enforces underage marijuana possession laws, and those accused of violating 410 ILCS 705/10-15 may find themselves facing criminal charges or civil penalties that can have long-lasting effects.

The Illinois Cannabis Regulation and Tax Act outlines the laws surrounding marijuana use, including possession limits and penalties for violations. If you or a loved one is facing charges for underage marijuana possession, a skilled defense attorney is essential. A conviction can lead to fines, community service, loss of driving privileges, and even a criminal record that could impact future educational and employment opportunities. At The Law Offices of David L. Freidberg, we fight for the rights of juveniles and young adults accused of marijuana-related offenses in DuPage County and throughout the greater Chicago area.

Understanding 410 ILCS 705/10-15: Illinois Marijuana Possession Laws for Minors

Illinois law clearly defines the legal possession and use of marijuana. Under 410 ILCS 705/10-15, any person under the age of 21 is prohibited from possessing any amount of cannabis. While adult users are allowed to purchase and possess marijuana within certain limits, minors found in possession face civil fines, license suspensions, and even misdemeanor or felony charges depending on the circumstances.

For first-time offenders caught with small amounts of marijuana, the law classifies the violation as a civil offense, typically resulting in fines or mandatory participation in substance abuse education or community service programs. However, repeat offenses or possession of larger amounts can escalate the charge to a Class A misdemeanor, which carries the possibility of jail time and a permanent criminal record.

Possession of over 30 grams of marijuana is a Class 4 felony, punishable by 1 to 3 years in prison and significant fines. If the possession occurs in certain locations, such as near a school or public park, the charges and penalties may increase. Prosecutors also have the discretion to file enhanced charges if additional factors—such as intent to distribute—are present.

Illinois law distinguishes between personal use and drug distribution. If a minor is caught with packaging materials, scales, or a quantity of marijuana exceeding personal use limits, law enforcement may pursue possession with intent to distribute charges, which result in harsher penalties. Underage possession with intent to distribute can be charged as a Class 3 felony, carrying up to 5 years in prison.

Although marijuana is legal for adults in Illinois, the federal government still classifies it as a Schedule I controlled substance under the Controlled Substances Act. This means that possession on federal property—such as national parks, government buildings, or military bases—can result in federal charges. Federal penalties for drug possession can be far more severe than state-level offenses, particularly if intent to distribute is alleged.

How Marijuana Possession Cases Begin in DuPage County

Most underage marijuana possession cases begin with a police stop, school-related incident, or traffic violation. In many cases, an officer may stop a minor based on suspicion of drug possession, the smell of marijuana, or reports from school officials. Once stopped, law enforcement may conduct a search of the individual, vehicle, or belongings.

If marijuana is found, the minor may be arrested or issued a citation, depending on the circumstances. The case then proceeds through the court system, where the prosecution will decide whether to pursue civil penalties, misdemeanor charges, or felony charges. The legal process involves multiple steps, including pre-trial hearings, negotiations, and potentially a trial.

Evidence Law Enforcement Uses in Underage Marijuana Possession Cases

In any drug possession case, law enforcement officers attempt to collect as much evidence as possible to support their charges. Common evidence includes:

Physical evidence such as the marijuana itself, packaging materials, or drug paraphernalia.
Eyewitness statements from school officials, police officers, or other individuals.
Surveillance footage from security cameras that may have captured the alleged possession.
Electronic evidence such as text messages or social media posts suggesting drug use or distribution.
Field sobriety tests or chemical tests if the police suspect that marijuana use has impaired the individual’s ability to drive.

A defense attorney will carefully analyze how this evidence was collected and whether the police followed proper procedures. If law enforcement conducted an illegal search or violated constitutional rights, the evidence may be inadmissible in court.

Why You Need a Criminal Defense Attorney

When facing an underage marijuana possession charge, it’s easy to underestimate the potential consequences. Many people assume that because marijuana is legal for adults, the penalties for minors will be minor as well. However, this is not always the case. A conviction—even for a seemingly small offense—can result in long-term consequences that affect education, employment, and personal freedoms.

An experienced attorney can challenge the prosecution’s case, negotiate for reduced penalties, and explore alternative sentencing options such as drug education programs or community service. Legal representation is critical in preventing a simple mistake from turning into a lifelong burden.

Potential Defenses Against Underage Marijuana Possession Charges

Defending against a marijuana possession charge requires a thorough understanding of Illinois law and constitutional protections. Several defenses may apply, including:

Illegal search and seizure: If the police conducted a search without probable cause or a warrant, any evidence found may be suppressed.
Lack of knowledge or intent: If the accused was unaware that the marijuana was in their possession, this may serve as a defense.
Mistaken identity: In some cases, law enforcement may mistakenly identify the wrong individual as being in possession of drugs.
Entrapment: If law enforcement pressured or coerced a minor into possessing marijuana, entrapment may be a valid defense.

Choosing the Right Criminal Defense Attorney

Not all defense attorneys are the same. When choosing legal representation for an underage marijuana possession charge, it is important to find an attorney who understands Illinois drug laws and has experience handling cases in DuPage County. A strong defense attorney will examine every aspect of the case, challenge weak evidence, and advocate aggressively for the best outcome.

During a consultation, asking the right questions can help determine whether an attorney is the right fit. Questions to consider include:

What experience do you have with underage marijuana possession cases in DuPage County?
What strategies do you recommend for my specific case?
What are the potential outcomes if my case goes to trial?
Do you have experience negotiating alternative sentencing options for minors?

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

Underage marijuana possession charges should never be taken lightly. The consequences can affect a person’s future for years to come. At The Law Offices of David L. Freidberg, we understand the challenges young individuals face when dealing with criminal charges. Our firm has a track record of successfully defending clients against marijuana-related offenses, ensuring that their rights are protected every step of the way.

We provide aggressive defense strategies, thorough case evaluations, and 24/7 legal support. Whether negotiating for dismissed charges, alternative sentencing, or fighting for an acquittal in court, we are committed to securing the best possible outcome for our clients.

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.