Illinois Calculated Cannabis Conspiracy

The Law – 720 ILCS 550/9

Any person who engages in a calculated criminal cannabis conspiracy is guilty of a Class 3 Felony and shall be fined up to not $200,000 and shall be subject to forfeiture.

(b) A person engages in a calculated cannabis conspiracy when:

(1) They violate Section 4(d), 4(e), 5(d), 5(e), 8(c) or 8(d) of the Cannabis Control Act (Possession of 30-2,000 grams of cannabis, Delivery of 200-2,000 grams of cannabis or Possession or Production of 20-200 Cannabis Sativa plants, respectively);

AND

(2) The violations are part of a conspiracy involves two or more persons;
AND

(3) They obtain anything of value greater than $500 from, or organizes, directs or finances such violation or conspiracy.

Any person who has previously been convicted of Calculated Cannabis Conspiracy, or of Possession and/or Delivery of cannabis between 30-2,000 grams, or Possession or Production of the Cannabis Sativa plant, or shall be guilty of a Class 1Felony.

We had been retained to represent two individuals who had been charged with engaging in a calculated criminal cannabis conspiracy. After a thorough analysis and review of the evidence, statements and law, we were able to present sufficient evidence to the prosecutor and convince him to dismiss the criminal conspiracy charge, which carried a much more severe penalty if our clients were found guilty. Ultimately, our clients accepted an offer of probation if they plead guilty to straight possession of cannabis. We fight hard for all of our clients, no matter how serious the charges are.

The Calculated Cannabis Conspiracy law was enacted to deter and punish individuals who are involved in an organized scheme to possess, deliver or manufacture marijuana. This law incorporates many other areas of the Cannabis Control Act. In order for the state to prove someone guilty of Calculated Cannabis Conspiracy, they must show that the individual: 1) either possessed or delivered a certain quantity of marijuana or the Cannabis Sativa plant; 2) the possession or delivery of the marijuana involved two or more persons and; 3) they obtained anything in value in excess of $500 or they organized or financed the crime. This final element of the offense ensures that the state can still convict someone for Calculated Cannabis Conspiracy if they had some leadership role in the scheme without obtaining anything in value. For instance, if a person paid for equipment for another’s greenhouse so that the Cannabis Sativa plant can be grown, that individual who provided the funds for the equipment can be charged and convicted under the Calculated Cannabis Conspiracy law.

Additionally, the State of Illinois may take any money, or other items associated with the conspiracy, from anyone convicted of the offense without reimbursement. For example, an individual can lose all cash, equipment and instruments used during the conspiracy. These may include: cars, pieces of land or other real property and bank accounts used in connection with the conspiracy.

The Sentence

If no other previous convictions of Calculated Cannabis Conspiracy or of Possession or Delivery of Cannabis between 50 to 2,000 grams or of Possession of 20 to 200 Cannabis Sativa plants:

Class 3 Felony

  • 2 to 5 years in state prison
  • Fine of up to $250,000

If previously convicted of Calculated Cannabis Conspiracy or of Possession or Delivery of Cannabis between 50 to 2,000 grams or of Possession of 20 to 200 Cannabis Sativa plants:

Class 1 Felony

  • 4 to 15 years in state prison
  • Fine of up to $250,000

Probation Possible? – Yes.
Supervision Possible? – No.

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

708-633-6005