People v. Baxton

Illinois Appellate Court
Criminal Court
Weapons
Citation
Case Number: 
2020 IL App (5th) 150500
Decision Date: 
Tuesday, July 7, 2020
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Affirmed.
Justice: 
WELCH

Defendant was convicted of aggravated unlawful use of a weapon (AUUW) based on misdemeanor possession of cannabis. Although Defendant possessed a relatively small amount of cannabis, section 4 of the Cannabis Control Act then in effect made possession of any amount of cannabis unlawful, and provides no exception for a person who only possesses a small amount of cannabis. The statute prohibits the simultaneous possession of a firearm and cannabis in any amount.(MOORE and OVERSTREET, concurring.)