Champaign Defense Lawyers for Marijuana Possession for Glaucoma
Were you arrested for possession of marijuana? Do you have a valid card allowing you to use cannabis to treat glaucoma? If so, contact Bruno Law Offices immediately to discuss how we might defend you against the possession charge.
Illinois is one of 37 states to legalize cannabis for medical use. Glaucoma is a qualifying condition for medical marijuana. Although you use marijuana to alleviate eye pressure and pain associated with your eye condition, an officer arrested you for possession. Now you face criminal charges.
Bruno Law Offices will fight to secure your freedom and future. You should not suffer legal consequences if a doctor prescribes medical cannabis to treat your glaucoma. Call us at (217) 328-6000 for a confidential consultation with a dedicated defense lawyer for more information.
Is Marijuana Legal in Illinois?
Yes. Marijuana is legal for recreational and medical purposes in Illinois. According to the Compassionate Use of Medical Cannabis Program Act, a qualifying patient diagnosed with a debilitating condition can apply for a medical cannabis registry identification card. Glaucoma is considered a debilitating condition under the act.
A registered qualifying patient should not face arrest, prosecution, or denial of privileges or rights. They should not face disciplinary action by a professional or occupational professional licensing board or civil penalty for using medical marijuana. The amount of cannabis they carry should not exceed an adequate supply. This means they should not possess over 2.5 ounces of usable cannabis derived from a source within the state every fourteen days.
Although marijuana is legal for medical use, it remains illegal at the federal level. It is also a Schedule I drug under the Controlled Substances Act. You could get arrested under specific circumstances despite having a valid medical card.
How Medical Cannabis Treats Glaucoma
Cannabis contains chemicals called cannabinoids. Some evidence suggests those chemicals have neuroprotective properties.
One study published in the National Library of Medicine shows cannabinoids might increase blood flow to vital eye structures. Medical cannabis advocates believe these results indicate the drug can do more than alleviate glaucoma symptoms. It might help remediate the condition.
Treating glaucoma with marijuana might lead to other benefits, such as:
- Better pain management
- Fewer side effects than other treatments
- Decreased need for surgery
- Perceived natural treatment
However, the American Academy of Ophthalmology doesn’t think cannabis is a suitable glaucoma treatment. Although some studies uncovered potentially promising results, these studies use a small sample size or poor controls. More research is necessary to determine whether cannabis can effectively treat glaucoma.
Penalties for a Marijuana Possession Conviction
The amount of cannabis in your possession and other factors will determine the sentencing you receive if convicted of marijuana possession. The Cannabis Control Act outlines criminal penalties.
Possessing ten grams or less of marijuana is only a civil law violation. That means you won’t face jail time. However, it can lead to a fine between $100 and $200.
Possessing over ten grams of cannabis but no more than 30 grams is a Class B misdemeanor. Penalties can include:
- Up to a $1,500 fine
- No more than 180 days in jail
Possession of over 30 grams but 100 grams or less of marijuana is a Class A misdemeanor, punishable by:
- A fine of up to $2,500
- A maximum of one year in jail
Marijuana possession of over 100 grams but no more than 500 grams is a Class 4 felony. Sentencing can include:
- Up to a $25,000 fine
- One to three years in prison
Possessing over 500 grams of marijuana but no more than 2,000 grams is a Class 3 felony. A conviction can result in penalties such as:
- No more than a $25,000 fine
- Between two and five years in prison
Possession of over 2,000 grams of cannabis but no more than 5,000 grams is a Class 2 felony, punishable by:
- A maximum of a $25,000 fine
- Three to seven years in prison
Possessing more than 5,000 grams of marijuana can lead to sentencing such as:
- A maximum fine of $25,000
- Between four and fifteen years in prison
Judges can consider mitigating or aggravating factors when deciding an appropriate sentence. Some circumstances of a crime can influence fines, imprisonment, and other penalties. Depending on the situation, the factors involved in your case might enhance your sentence or lead to a less harsh punishment.
Mitigating factors are factors that lessen the punishment for a criminal conviction, such as:
- The offense didn’t cause or threaten serious harm to someone else.
- Substantial grounds exist to excuse or justify the actions due to failing to establish a defense.
- The defendant will likely comply with probation terms.
- The defendant doesn’t have a history of criminal activity or delinquency.
- Someone provoked the defendant’s behavior.
- The conduct occurred under certain circumstances that are unlikely to happen again.
Aggravating factors can extend sentencing, leading to a longer prison term and additional severe penalties. Aggravating factors include:
- The defendant has a history of delinquency or criminal activity.
- The offense caused or threatened serious harm to another person.
- The conduct occurred before, during, or immediately after worship services in a place of worship.
- The defendant was in public office while committing the offense, and the offense relates to their conduct as a public official.
- The conviction occurred while awaiting trial for a previous felony or out on bail.
Seek Competent and Trusted Legal Representation Now
You should not try to defend yourself against marijuana possession charges. Let an experienced criminal defense attorney from Bruno Law Offices handle your case. We know how to prepare for court proceedings and create a strategy to get the charge reduced or the entire case dismissed. You can count on our legal team to protect your rights and fight for the best possible outcome.
If law enforcement arrested you for marijuana possession despite having a valid medical card to treat your glaucoma, call Bruno Law Offices at (217) 328-6000 today. We can review your case during a confidential consultation and advise your available legal options.