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Archive for the ‘Rolling Meadow drug crimes lawyer’ tag

The Difference Between Actual and Constructive Possession of Drugs

July 20th, 2016 at 6:00 am

Rolling Meadows Drug Crimes AttorneyDrug possession is one of the most common drug charges that criminal defendants face. When it comes to drug possession, whether it’s marijuana, heroin, methamphetamine, prescription pills or other controlled substances, it is important to understand that there are two types of drug possession: actual possession and constructive possession.

What Is Actual Possession of Drugs?

Actual possession arises when you are caught with the drugs on your person. This might mean that the drugs were found by law enforcement who are conducting a search, in your pocket, or tucked away in some other article of your clothing. Actual possession can also be established if you are found with drugs in your purse or backpack that you are carrying with you when you are searched.

Drug charges based on actual possession are tough to defend against since you are basically caught red-handed. But just because drugs were found on your person does not necessarily mean that you had knowledge that you were carrying drugs (someone else could have slipped the drugs in your purse or pocket), or that the drugs are yours. Furthermore, the drugs can only be entered as evidence against you if the stop conducted by the police officers, the search, and the seizure were all done legally.

What Is Constructive Possession of Drugs?

Constructive possession arises when drugs are found somewhere that can be associated with your control. For instance, if drugs are found in your bedroom, in your house or apartment, in your car or trunk, in your shed, in your field, in your locker, etc., you can be considered as having constructive possession of the drugs since these places are linked to your ownership or control.

Drug charges based on constructive possession are easier to fight since there may be a lot of opportunities for other people to have intervened and placed the drugs in or on property that can be associated with you. While it is tough to argue that drugs found in a secret box stashed under your bed were put there by someone else, it is possible that drugs could have been left in your home or car by a friend, for example. It is also possible that someone else was trespassing on your property and planted marijuana plants in your field. When other people have access to these areas, it becomes increasingly more difficult to demonstrate your possession.

How Can a Drug Possession Criminal Defense Lawyer Help?

An experienced criminal defense lawyer can help you fight the drug possession charges that you are facing by chipping away at the prosecution’s case against you. Your lawyer will determine whether you are accused of having actual or constructive possession of the drugs, and will identify any and all possible defenses that you could raise. Please do not hesitate to contact a Rolling Meadows drug crimes attorney immediately.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1941&ChapterID=53&SeqStart=5200000&SeqEnd=7900000

Illinois Medical Marijuana Pilot Program Conditions

November 12th, 2015 at 2:34 pm

Illinois defense attorney, Illinois drug laws, Illinois criminal lawyer,Illinois Compassionate Use of Medical Cannabis Pilot Program, codified as 410 ILCS 130 et seq., is a temporary test program that will run until the end of 2017, which allows Illinois residents with qualifying medical conditions and diseases to have access to medical marijuana as part of their treatment or pain management regimen. Patients who are eligible under the Act must have a debilitating medical condition as defined in the Act, which includes 39 different conditions, including:

  • Cancer;
  • Glaucoma;
  • Hepatitis C;
  • Spinal cord disease or a spinal cord injury;
  • Parkinson’s disease;
  • Muscular dystrophy;
  • Traumatic brain injuries or post-concussion syndrome;
  • Rheumatoid arthritis;
  • Fibrous dysplasia;
  • Wasting syndrome;
  • Lupus;
  • Seizures; or
  • A handful of other rare and painful conditions.

Eight New Conditions for Inclusion in the Medical Cannabis Pilot Program

At the beginning of October, the Medical Cannabis Advisory Board provided a recommendation that an additional eight health conditions be added to the list of health conditions that are eligible for access to medical marijuana, including:

  • Post-traumatic stress disorder;
  • Chronic pain syndrome;
  • Autism;
  • Osteoarthritis;
  • Pain due to trauma;
  • Chronic postoperative pain;
  • Intractable pain; and
  • Irritable bowel syndrome.

These eight health conditions are not yet officially included as part of the Illinois Compassionate Use of Medical Cannabis Pilot Program. The Illinois Department of Public Health must first approve these eight conditions, and then develop administrative rules concerning medical marijuana use for these conditions, before they can officially be included as eligible.

The Basics of the Compassionate Use Act

Under the Act, a qualified and registered patient may use and possess a quantity of marijuana within the confines of the Act. Similarly, the qualified and registered patient’s registered and designated caregiver may also possess a quantity of medical marijuana on behalf of the patient.

However, there are restrictions on the use and possession of medical marijuana under the Act. For instance, it is still illegal to have or use medical marijuana in a school bus, on the grounds of a school, or at any home that also serves as a child care facility. Medical marijuana can only be transported in a vehicle so long as it is in closed and sealed packaging and can never be used while operating a motor vehicle. Medical marijuana cannot be used in a public place, or in the presence of anyone under the age of 18 years old.

So even if you are someone who is eligible to participate in the Compassionate Use of Medical Cannabis Pilot Program, and even if you have registered for the program and have obtained the appropriate identification card, the Compassionate Use Act is not a free pass to do whatever you like when it comes to your medical marijuana. The laws regulating the use of medical marijuana are strict, and if you violate them, you will be prosecuted.

Medical marijuana is still relatively new in Illinois, and people who are authorized under the Compassionate Use Act may inadvertently end up in trouble with the law: either for improper possession, transportation or use of the drug. If this happens to you, you will need the assistance of a skilled criminal defense lawyer.

Call the Law Offices of Christopher M. Cosley

If you are permitted to possess and use marijuana for medical purposes, but have been charge with a drug offense, please contact an experienced Rolling Meadows criminal defense attorney immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 for immediate assistance.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3503&ChapterID=35

http://www2.illinois.gov/gov/mcpp/Pages/default.aspx

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