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Illinois Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: Is the smell of marijuana probable cause to search a vehicle in Illinois?

So what about the ruling from Judge Daniel Dalton that states that the odor of cannabis is not probable cause for a vehicle search? Is that only for Whiteside County?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 11, 2022

Yes. Although the State of Illinois legalized personal use of marijuana, however, its use while driving is still prohibited and may result in a charge of driving under the influence (same as DUI).

Therefore, a smell of marijuana from the vehicle creates a legitimate probable cause to...
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1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: What are the implications of starting a cannabis delivery service in Illinois?

I think a cash only approach that partnered with local dispensaries sounds like a sound business opportunity. But I am wondering what I am missing

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 9, 2022

Delving into commercial sales of marijuana in Illinois is an extremely complex undertaking that has many nuances. You may begin with contacting the State of Illinois respective agencies for more information.

2 Answers | Asked in Cannabis & Marijuana Law, Tax Law and Real Estate Law for Illinois on
Q: Not allowing a w2 earning cannabis employee to use a fed. Grant is taxation without representation, correct?

I've been trying to recieve a federal grant/loan for buying a home. Down payment assistance is something my family needed, so we decided to try a USDA or FHA loan. We have been told by multiple loan officers that because of my place of employment, I cannot recieve these funds. I pay federal... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Jun 3, 2022

No. Taxation without representation means that a group of people has a tax imposed on them by a government in which they had no right to elect a representative (such as a member of the Illinois House of Representatives, a state senator, a Congressman or US Senator) who could participate on behalf... Read more »

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1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: do police officers have the right to say they smell marijuana and then search your car? in Illinois

i got wrongly pulled over for a stop sign that led to my car being searched and me being in handcuffs because it smelled like marijuana i am trying to find out if what the cop did to me is wrong or not

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 14, 2022

Yes.

One of the legitimate investigative tools for the police is personal observation and senses. Thus, if a police officer detects a smell of controlled substances that provides a reasonable probable cause to continue to investigate possible contraband in the vehicle.

Secondly, if...
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2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Civil Rights for Illinois on
Q: In Illinois, would finding less than 5grams of marijuana on person be considered probable cause to search vehicle?

Pulled over for license plate light and came back clean when running license. Pulls me out of car, and I had .5g or less and he said that gave him probable cause to search. It's not illegal to be in possession of marijuana in Illinois so why would that give him probable cause? I believe my... Read more »

Dan Nold
Dan Nold
answered on Oct 25, 2021

It’s illegal to possess marijuana in a vehicle unless it is basically in store packaging. So the search was probably legal. You should have an attorney evaluate the evidence for potential motions or to negotiate on your behalf.

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2 Answers | Asked in Cannabis & Marijuana Law for Illinois on
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?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 12, 2021

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,... Read more »

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1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for Illinois on
Q: I want to start a cannabis business but licensing is too expensive in Illinois, how legal is it to sell cannabis clones

What is a Cannabis clone? A cannabis plant that is a genetic copy of the mother plant. When obtained from a reputable breeder, a clone is a young female cannabis plant with stable genetics. Growers typically select to raise clones instead of seeds when they would rather not risk getting a plant... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 16, 2021

No, it would not be legal as the State of Illinois requires a very strict licensing, regulation, and eligibility for any cannabis and its derivatives operation in the state.

Besides, such operation does not qualify as a Sec. 503 non-for profit entity as it would be geared towards profit...
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1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: I got intoxicated in the restaurant during working hours with a chocolate that had 500 mg of marijuana "Thc"

Who have to pay the hospital?

Dan Nold
Dan Nold
answered on Aug 24, 2021

If you voluntarily took THC, you.

If you were somehow involuntarily intoxicated and can prove somebody intentionally caused this or a restaurant negligently allowed this to happen, you might have a claim.

The claim would be limited to actual damages suffered.

2 Answers | Asked in DUI / DWI, Traffic Tickets and Cannabis & Marijuana Law for Illinois on
Q: I got pulled over for DUI cannabis along with 5 traffic tickets. 4 Months later, I missed courts. I have now 6 warrants.

11 months later, I got into a car accident. Officer gave m a revoked license ticket and a traffic ticket. I know I shouldn’t been driving. How do I go about with the old and new traffic violations. I wasn’t arrested by the officer just An I bond.

John S. Fotopoulos
PREMIUM
John S. Fotopoulos
answered on Jul 19, 2021

These are serious charges. You should retain the assistance of an attorney as soon as possible.

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1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: In illinois can a potential employer not hire you for failing a urine test for thc on premeployment drug test

The job is non-federal non-state and non-union.

Dan Nold
Dan Nold
answered on May 3, 2021

Private employers have a lot more leeway with things like this. Unfortunately, weed smokers are not a protected class when it comes to discrimination. And employers have the right to decide, as long as they are not using discriminatory practices, on how to hire their employees. Maybe the... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Traffic Tickets for Illinois on
Q: what happens when your 19 years old and gets pulled over for a turning signal and the coo finds marijuana in the car
Juan Ooink
Juan Ooink
answered on Mar 1, 2021

You will get at least two tickets and possible charged with the criminal offense of possession. If you have pending charges, you need to hire a Criminal Defense Attorney right away.

1 Answer | Asked in Cannabis & Marijuana Law, Child Custody, Child Support and Divorce for Illinois on
Q: mother and step father are getting a divorce both wanr custody of my 6-year old brother. I’m 22 and did weed and acid.

This was a few months ago and I lived in my own place. I have no history of abuse or records. Will this affect my mothers ability to get custody of my brother? We have all of the evidence of him being abusive and I always take care of my brother. He’s going to try and make it seem like my mother... Read more »

Cheryl Powell
Cheryl Powell
answered on Jun 19, 2020

It does not matter what you chose to do when you were an adult on your own.

1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: I live in an apartment building. Can the property management prohibit people from smoking marijuana now that it’s legal

Everyone in each building got a note saying they hold the right to prohibit the smoking of marijuana even though it is legal now. Is this correct?

Kimber Russell
Kimber Russell
answered on Mar 17, 2020

That is correct. Landlords can lawfully prohibit the smoking of marijuana on their property and in their rental units. The same goes for public housing.

Q: Can I own/posess a firearm and grow medical cannabis in a recreational state? Thanks in advance, Veteran, 50, Illinois
Kimber Russell
Kimber Russell
answered on Mar 10, 2020

If you have a valid medical marijuana card and your FOID card you can lawfully keep your firearm in Illinois at this time. Individuals who have drug addiction issues or have felony weapons charges on their records, however, are prohibited from owning a firearm.

Make sure you are abiding...
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