Champaign Defense Lawyers for Possession of Marijuana for Fibromyalgia
Are you facing a charge for marijuana possession? Criminal matters can be intimidating, but you don’t have to do this alone. If you use marijuana as a medication for fibromyalgia pain, the criminal defense attorneys at Bruno Law Offices know the law and your rights.
Being convicted of marijuana possession can have long-term adverse effects on your life. However, in Illinois, individuals with specific debilitating medical conditions may legally purchase marijuana for medical purposes or recreational use, with a few limits. If you carry a valid card to purchase marijuana for medical use, you are allowed to buy marijuana and other cannabis products from state dispensaries. If you were in legal possession of marijuana when you were arrested and carried a valid card, our attorneys could defend your rights. Contact us today at (217) 328-6000 or online for a free consultation with one of our defense lawyers.
Marijuana and Fibromyalgia
Fibromyalgia is a disorder characterized by pain and tenderness throughout the body. These symptoms are often accompanied by fatigue, difficulty sleeping, memory loss, and moodiness. The widespread musculoskeletal pain caused by fibromyalgia can make sufferers depressed and anxious.
There is no cure for fibromyalgia, but specific treatments can help to control symptoms. According to the Centers for Disease Control and Prevention (CDC), some treatment options include:
- Medications, including prescription drugs and over-the-counter pain relievers
- Aerobic exercise and strength training
- Educational classes
- Stress management techniques
- Good sleep habits
- Cognitive behavioral therapy (CBT)
Research indicates that using marijuana can help relieve fibromyalgia symptoms and improve patients’ quality of life. Patients who used marijuana to treat fibromyalgia symptoms reported a significant reduction of pain and stiffness, enhancement of relaxation, and increased well-being.
A recent study published in Pain Practice indicated that women who have treatment-resistant fibromyalgia who used marijuana for 30 days showed a marked improvement in quality of life, general health, physical health, and psychological health. Researchers concluded that marijuana use could play a significant role in treating fibromyalgia symptoms.
Regulations for Legal Marijuana Use
Marijuana is legal for adults to use recreationally and medicinally in Illinois. Nevertheless, restrictions remain in place under the law. The Compassionate Use of Medical Cannabis Program requires a patient to have a qualifying medical condition and complete the Illinois Department of Public Health application process to be eligible for medical marijuana. Severe fibromyalgia does qualify as a debilitating condition that warrants the use of medical marijuana. In fact, the disorder is one of the most common conditions claimed by applicants in the state.
More recently, the Cannabis Regulation and Tax Act legalized the personal use of the drug for adults aged 21 or older. The law set limits for possession as follows:
- 30 grams of flowers
- 5 grams of concentrate
- 500 milligrams of infused product
It is worth noting the general limits for possession may differ depending on your situation. Medical patients can have more than 30 grams of flowers if they grow the plants securely in their own residences. Veterans under the medical program may receive a waiver of the limits on how much they can have if receiving care through a Veterans Affairs facility.
Penalties Possible for Possession Conviction
If you possess marijuana outside the legally allowed limits, you could face charges under the Cannabis Control Act. Possession of 10 grams or less or up to five plants was decriminalized, but you will face a fine between $100 and $200.
However, if you possess more than the legal limits, you could face misdemeanor or felony charges depending on the amount you have:
- 10 to 30 grams – Class B misdemeanor
- 30 to 100 grams – Class A misdemeanor
- 100 to 500 grams – Class 4 felony, becoming a Class 3 felony if not the first offense
- 500 to 2,000 grams – Class 3 felony
- 2,000 to 5,000 grams – Class 2 felony
- Over 5,000 grams – Class 1 felony
- 5 to 10 plants – Class 4 felony
- 20 to 50 plants – Class 3 felony
- 50 to 200 plants – Class 2 felony
- 200 or more plants – Class 1 felony
The potential penalties for possession depend on the charge:
- Class B misdemeanor – up to 180 days in jail, fine up to $1,500
- Class A misdemeanor – one year in jail, fine of up to $2,500
- Class 4 felony – 1 to 3 years in prison, $25,000 maximum fine
- Class 3 felony – 2 to 5 years in prison, $25,000 maximum fine
- Class 2 felony – 3 to 7 years in prison, fine up to $100,000
- Class 1 felony – 4 to 15 years in prison, fine up to $100,000
How an Attorney Might Help with Your Case
If you are facing charges of marijuana possession, you need an attorney to defend your rights. The potential consequences of a conviction could change your life and prevent you from receiving further treatment for your fibromyalgia. It’s crucial to hire a skilled criminal defense attorney who understands marijuana possession laws in Illinois.
Your attorney can explain how the law applies to your situation and your legal options, allowing you to decide how to proceed. Your lawyer will gather evidence, such as your medical records, to develop a strong defense. A skilled attorney can negotiate with the prosecution to try to reduce or dismiss your charges.
You can count on the defense attorneys with Bruno Law Offices to vigorously defend your rights and support you during this challenging time. With over 40 years of experience, founding attorney Thomas Bruno has gained a reputation for successfully handling various criminal cases in Central Illinois. Let our lawyers navigate the legal system so that you can focus on moving forward.
Contact Us To Begin Your Case Today
The prosecutor has the burden of proof to show you broke the law beyond a reasonable doubt. With a strong defense from Bruno Law Offices, you increase the likelihood that your criminal charges will be reduced or dismissed. We deeply understand state laws and can guide you through the challenging legal process. Contact us now for your free consultation and to see how Bruno Law Offices can assist you. Call us at (217) 328-6000 or contact us online.