Understanding Street Value Fines for Weed Possession in Illinois
In Illinois, possession of cannabis is illegal under certain circumstances. Even though recreational cannabis use was legalized in 2020 with the Cannabis Regulation and Tax Act, there are still situations where possessing weed can lead to criminal charges.
One part of Illinois cannabis law that causes confusion is the concept of “street value fines.” This refers to the fines that can be imposed for cannabis possession crimes under 720 ILCS 550/10.1(b)(2).
In this article, we’ll break down what street value fines are, when they apply, how they are calculated, and what it means for people charged with cannabis possession in Illinois.
When Do Street Value Fines Apply?
Street value fines come into play when someone pleads guilty or is found guilty of a cannabis possession offense under the Cannabis Control Act. This includes possession of:
- More than 10 grams but not more than 30 grams – Class B misdemeanor
- More than 30 grams but not more than 100 grams – Class A misdemeanor
- More than 100 grams but not more than 500 grams – Class 4 felony
- 500 grams to 2000 grams – Class 3 felony
- 2000 grams to 5000 grams – Class 2 felony
- More than 5000 grams – Class X felony
So if you are facing charges for possessing any of those amounts, the court can impose a street value fine on top of other penalties.
How Are Street Value Fines Calculated?
Street value fines are based on the estimated value of the cannabis seized from the defendant. The court is directed to consider a few factors in setting the fine amount:
- The full street value of the cannabis seized
- Any profits or proceeds derived by the defendant from violating the law
- Any other relevant equitable considerations
- The need to deprive the defendant of illegally obtained profits
The court can hear testimony from law enforcement and the defendant about the amount and value of the cannabis. The fine amount is meant to match the total street value – what the defendant could have sold the cannabis for [3].
Why Are Street Value Fines Controversial?
Defense attorneys often object to street value fines because cannabis is not valued the same way on the street as it is commercially. Street prices tend to be much higher than commercial or retail value.
There is also disagreement over how to accurately estimate the street value. Law enforcement may provide high estimates, resulting in large fines. Defendants argue the estimates are inflated.
Overall, street value fines can result in penalties in the tens of thousands of dollars for some cannabis possession charges. Some argue this is excessive punishment [1].
Where Does the Money From Street Value Fines Go?
According to 720 ILCS 550/10, street value fine revenue goes to several places:
- 10% to the circuit clerk
- 10% to the arresting law enforcement agency
- 25% to the Office of the State’s Attorney
- 25% to the State Police Operations Assistance Fund
- 30% to drug treatment services
This distribution formula has also been criticized, since law enforcement agencies get a portion of the fines they help impose. There is an argument that the money should be redirected to addiction treatment and education programs instead [4].
Are There Defenses Against Street Value Fines?
Yes, some of the main defenses against street value fines in cannabis cases include:
- Invalid search – If the cannabis was discovered through an unconstitutional search, it may be excluded and no fine imposed.
- Incorrect weight – The reported weight of the cannabis may be inaccurate and used to calculate an excessive fine.
- Incorrect value – Defendants can dispute the estimated street value and provide evidence of a lower value.
- Financial hardship – The fine amount exceeds what the defendant can reasonably pay.
- Excessive fine – The Eighth Amendment prohibits excessive fines, which this street value fine may violate.
By challenging the grounds for the fine, the defendant may be able to get the fine reduced or waived entirely.
How Do Street Value Fines Fit Within Broader Cannabis Policy?
Street value fines are arguably outdated penalties given the legalization of recreational cannabis. Some criminal justice reform advocates argue street value fines should be eliminated for minor possession offenses [5].
However, street value fines remain on the books for now. This highlights the need for further cannabis policy reforms in Illinois even after legalization. Full legalization likely requires re-evaluating penalties like street value fines that treat cannabis similar to other illegal drugs.
As social attitudes toward cannabis continue to evolve, we may see lawmakers revisit cannabis possession penalties. For now, defendants can still face stiff street value fines in some possession cases.
Conclusion
Street value fines for cannabis possession can lead to thousands of dollars in penalties on top of other consequences. But defendants have opportunities to challenge the basis for these fines in court. Looking ahead, street value fines demonstrate that further reforms are needed to align cannabis laws with legalization.
For anyone facing cannabis possession charges, it is important to understand street value fines and consult with an experienced criminal defense attorney. An attorney can advise whether these fines may apply in your case and build the strongest defense against excessive penalties.