Carthage, IL asked in Cannabis & Marijuana Law for Illinois

Q: In Illinois where marijuana is legalized, can a Court take that right away from you?

Wouldn't it be considered taking away a civil liberty by denying what the law allows?

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2 Lawyer Answers
Dan Nold
Dan Nold
Answered
  • Crystal Lake, IL
  • Licensed in Illinois

A: The law routinely takes away things as punishment. DUI-can’t drink during your sentence. Too many tickets - suspended license.

So yes, a sentence may require that you not consume thc. You should consider a prescription for cannabis if you need it medically.

Alexander Ivakhnenko agrees with this answer

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Wheeling, IL
  • Licensed in Illinois

A: Marijuana use is not a constitutional right, it is a controlled substance, just like tobacco, alcohol, etc. Thus, the state under its legal mandate may regulate their use in court cases where use of alcohol and controlled substances will be limited (DUI dispositions, etc.) during supervision, probation.

That is perfectly legitimate use of the state powers.

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