People v. Weintraub

This is an appeal by eight defendants involved in seven cases decided in the Circuit Court of Jackson County. These seven cases were consofidated for appeal since a common issue is involved — namely, the effect of the Illinois Supreme Court’s declaration in People v. McCabe, 49 Ill.2d 338, that section 22 — 40 of the Criminal Code is unconstitutional insofar as it relates to marijuana.

AH of the defendants pled guilty to the possession of marijuana in violation of section 22 — 40 and were sentenced to varying terms of probation and to fines ranging from $250 to $1000. On dates ranging from…