Cannabis Control Act
The Cannabis Control Act (CCA) is a regulatory system for the production, distribution, and possession of marijuana.
The CCA defines “cannabis” as any part of, or derivative from, the cannabis sativa plant.
Positive identification of cannabis requires both chemical and microscopic analysis. People v. Jackson, 134 Ill. App. 3d 785, 787, 481 N.E.2d 1222, 1224 (3d Dist. 1985)
Penalties: Higher penalties arise if the amount in question weighs more than two and one-half grams but not more than ten grams, and continue to rise where the amount is more than ten grams but no more than thirty grams; more than thirty grams but less than 500 grams; more than 500 grams but not more than 2,000 grams; and more than 2,000 grams but not more than 5,000 grams of marijuana. 720 ILCS 550/4(a)-(g) (2012.
Possession: Possession of cannabis may be established by evidence of actual physical possession or constructive possession. People v. Flores, 231 Ill. App. 3d 813, 817-818, 596 N.E.2d 1204, 1207 (4th Dist. 1992). Actual possession occurs where the defendant exercised physical dominion (or physical control) over the cannabis, while constructive possession exists where the defendant does not have person present dominion over the drugs but has the intent and capacity to maintain control of the cannabis. People v. Lawrence, 46 Ill. App. 3d 305, 308, 360 N.E.2d 990, 992 (4th Dist. 1977)
Intent to Deliver: To support a conviction of intent to deliver, it must be proved that (1) the accused has knowledge of the presence of cannabis, (2) it was in his or her immediate control, and (3) the quantity was in excess of the amount that might be viewed as possessed for personal use. People v. Witherspoon, 216 Ill. App. 3d 323, 333, 576 N.E.2d 1030, 1037 (1st Dist. 1991)
Delivery: The delivery of cannabis requires an affirmative act. It is defined as the actual, constructive or attempted transfer of possession of cannabis, with or without consideration, whether or not there is an agency relationship. 720 ILCS 550/3(d) (2012)—For instance, a conviction was upheld where a defendant told an informant that the marijuana was “more or less his roommate’s,” took the marijuana off a shelf, and handed it to his roommate who then handed it to the informant. People v. Hanson, 44 Ill. App. 3d 977, 985, 259 N.E.2d 188, 192 (3d Dist. 1977)
Manufacturing: The manufacturing of cannabis arises where the accused is involved in the production, preparation, propagation, compounding, conversion or processing of cannabis, either directly or indirectly…and includes and packaging or repackaging of cannabis or labeling of its container. People v. Calhoun, 46 Ill. App. 3d 691, 693, 361 N.E.2d 55, 56 (3d Dist. 1977)
Controlled Substances Act
Section 570/401 makes it unlawful for any person knowingly to manufacture or deliver, or possess with intent to manufacture or deliver, a controlled or counterfeit substance with the intent to manufacture.
The Controlled Substances Act consists of six articles:
Article I: Legislative Intent
Article II: Schedules of Controlled Substances
Article III: Registration and Control of Manufacture, Distribution, and Dispensing of Controlled Substances
Article IV: Unauthorized Manufacture, Delivery, Trafficking and Possession of Controlled or Counterfeit Substances, Controlled Substance Analog and Look-Alike Substances.
- The harshest sanctions are directed at drugs such as heroin, cocaine, morphine, peyote, derivatives of barbitric acid, amphetamines, methamphetamines, LSD, methaqualone, fentanyl, and PCP.
Possession: To convict a person of possession of a controlled or counterfeit substance or possession with intent to deliver, the normal requirements for criminal possession of contraband-knowledge and control—apply. 720 ILCS 570/402 (2012)