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Illinois: Cannabis Law Lawyers
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Starting A Marijuana Business? You're In The Right Place.
Prior to 1996, few states allowed cannabis to be used for medical purposes and no states had legalized cannabis for recreational use. Today, about three dozen states, four U.S. territories and the District of Columbia have legalized medical marijuana. More than two dozen states have legalized recreational marijuana and more states continue to pursue marijuana legalization every year.
The change in attitudes toward medical cannabis and recreational marijuana has created endless opportunities for entrepreneurs and business-minded people. Cannabis businesses can now operate legally in a number of states, including operating as:
- Marijuana retailers
- Cannabis cultivators
- Cannabis distribution & transportation
- CBD and THC concentrate producers
- Product testing laboratories
- Cannabis marketing
- Paraphernalia producers and retailers
- Marijuana delivery providers
- Cannabis packaging providers
What are the Land Use and Zoning Issues Involved with a Cannabis Business?
Cannabis businesses are strictly regulated regarding land use and zoning. Each state, county, and municipality may have its own regulations that limit where a cannabis business can be located and limit the type of business that can be conducted on-site. Zoning regulations and land use laws may restrict business operations in:
- The number of marijuana production sites
- Fencing and access
- Retail locations near schools
- Concentration of cannabis businesses in a certain area
Zoning laws may also limit how and where cannabis businesses can open and operate, with retail businesses permitted in commercial or industrial zones. Processing facilities may be limited to industrial zones and production may be limited to farm use, industrial farming, or small farming operations. In most states, marijuana commercial businesses are not allowed to operate in residential districts.
Other land-use restrictions may have specific requirements for marijuana businesses in time, place, and manner of operations, including:
- Waste management
- Minimum set-offs
- Water use
- Hours and access
Do You Need a Lawyer in Illinois?
Anyone who is aiming to file a lawsuit or who must defend themselves against a lawsuit (civil) or criminal allegations should find an Illinois lawyer who has experience in the type of case they’re facing. Whether you reside in Illinois or any other state, the rule of law (and the complexity thereof) makes it preferable in most situations to have an attorney to represent your interests in civil or criminal court rather than representing yourself.
Defendants in the Illinois court system — or those facing federal charges for felonies, particularly — will most likely see better results with proper legal counsel. Criminal convictions can result in lengthy jail or prison sentences, as well as the creation of a permanent criminal record for first-time offenders. A skilled lawyer can help you craft the best defense possible, improving your chances of acquittal — and if the prosecution is willing to negotiate rather than go to trial, an attorney can help you get the best deal possible.
If you are seeking restitution, you should consider consulting a lawyer for both civil and criminal court. Whether the defendant is the state or an individual, attorneys working as prosecutors can use a body of provided evidence such as physical evidence, eyewitness accounts, digital communications or surveillance, to create a compelling argument in your favor
In almost all instances, representing yourself in a court of law is not recommended, particularly if the consequences of a conviction (or a failure to successfully prosecute) are significant. Attorneys are often called upon to act as experts, and their expertise can often be invaluable.
How to Find a Lawyer in Illinois
To find an Illinois lawyer, you will want to consider both budget and reputation. It is important to find a lawyer that is within your financial reach but also has strong legal experience and a track record of established success.
Extensive research is also important when selecting a lawyer to represent your best interests. You can check the Illinois State Bar Association to research potential candidates.
Before hiring a lawyer, it’s important to cross-reference results in web searches, to ensure consistent and reliable information. Including checking through prominent cases, social media profiles, local or state media coverage and going directly to the attorney or firm’s website.
How Much Does a Lawyer Cost in Illinois?
In Illinois, a general estimate of the per-hour cost for a lawyer can range from about $130 to $400 per hour, depending on location, expertise and the complexity of the case in question.
In some cases, attorneys may opt to offer clients a flat-rate fee instead of a per-hour fee. This typically arises in criminal defense law as well as certain divorce court proceedings. A fee for a misdemeanor defense is usually far less than the flat fee for a felony defense. Representation on issues related to juvenile offenses and traffic offenses may cost you less than the representation on situations involving corporate law or bankruptcies.
Finally, certain lawyers, such as personal injury lawyers, typically offer clients representation based on contingency. If you win a settlement from such a case, such as slipping and falling at a business establishment and incurring a serious injury, your personal injury lawyer will retain a percentage of your total settlement, rather than charging you any per-hour or flat-rate fees.
If you cannot afford representation in a legal matter, legal aid may be an option to consider.
What Types of Cases Can an Illinois Lawyer Help With?
While an Illinois lawyer can take on cases of any sort, the most common criminal cases in Illinois involve simple assault or aggravated assault, sexual assault, violations of the Controlled Substances Act, burglary (business and residential), driving while under the influence (DUI) and severe violent crime such as homicide and armed robbery.
Illinois lawyers are also typically called upon to represent parties in marital disputes leading to divorce or separation, the custody battles common to such cases, and other civil proceedings.