Oral Arguments Set in Constitutional Challenge to Illinois’ Marijuana Law

For Immediate Release: April 14, 2014

Ottawa, IL – A heated legal fight over the sentencing provision of Section 5(g) of the Cannabis Control Act (720 ILCS 550/1, et seq.) which makes a defendant found guilty of the offense of knowingly and unlawfully possessing with the intent to deliver more than five thousand (5000) grams of marijuana guilty of a “Class X” felony and subject to a mandatory minimum of six (6) years (730 ILCS 5/5-4.5-25(a)) of incarceration. At the defendant's sentencing, the trial court expressed its frustration with the mandatory minimum and indicated that Defendant would have been a strong candidate for probation if he was eligible.

Defendant, also, contends that the performance of his Moline-based counsel at the stipulated bench trial was deficient and that he was prejudiced by that deficient performance, in violation of Strickland v. Washington, 466 U.S. 668 (1984).

WHAT: Oral arguments begin in People v. Maloney (Docket No. 3-12-0947).

WHEN: Tuesday, May 13, 2014 at 1:15 p.m.

WHERE: Third District Appellate Court Building, 1004 Columbus Street, Ottawa, Illinois