In Illinois, the Controlled Substances Act makes it against the law to knowingly manufacture or deliver drugs, or to possess them with intent to manufacture or distribute (720 ILCS 570/402). Illinois makes use of a schedule system to classify drugs, parallel to that used by the federal government. Schedule I drugs are those that have no accepted medical use, while schedule II, III, IV, and V can be prescribed by doctors. However, possession of a prescription drug is still considered a crime, if you do not have a valid prescription. Counterfeit substances or controlled substance analogs, designed to have the same effects, are also covered by the law.
If you or someone you care about has been charged with possession of a controlled substance, you should seek the guidance of an experienced criminal defense lawyer.
Penalties for Drug Distribution
Penalties for distributing, manufacturing, or possessing with intent to distribute controlled substances are generally twice as harsh as those for simple possession. Convictions involving common drugs (including heroin, cocaine, morphine, and LSD) carry the following punishments, depending on the alleged amount:
- Less than 1 gram of heroin, cocaine, or morphine (Class 2 Felony): 3 to 7 years in prison, a fine of up to $200,000, or both.
- 1 to 15 grams of heroin, cocaine, or morphine (Class 1 Felony): 4 to 15 years in prison, a fine of up to $250,000, or both.
For small amounts of LSD, the penalties are slightly more lenient:
- Less than 5 grams (10 tabs) of LSD (Class 2 Felony): 3 to 7 years in prison, a fine of up to $200,000, or both.
- 5 to 15 grams (10 to 15 tabs) of LSD (Class 1 Felony): 4 to 15 years in prison, a fine of up to $250,000, or both.
For distribution of 15 grams or more of these drugs, the penalties are the following:
- 15 to 100 grams of heroin, cocaine, morphine, or LSD (200 tabs) (Class X felony): 6 to 30 year in prison, a fine of up to $500,000, or both.
- 100 to 400 grams of heroin, cocaine, morphine, or LSD (600 tabs) (Class X felony): 9 to 40 years in prison, a fine of up to $500,000 or the full street value of the drugs, or both
- 400 to 900 grams of heroin, cocaine, morphine, or LSD (1500 tabs) (Class X felony): 12 to 50 years in prison, a fine of up to $500,000 or the street value of the drugs, or both.
- 900 grams or more of heroin, cocaine, morphine, or LSD (more than 1500 tabs) (Class X felony): 15 to 60 years in prison, a fine of up to $500,000 or the full street value of the drugs, or both.
Because of the extremely severe nature of these potential penalties, the advice of alocal criminal defense lawyer with knowledge of the way that prosecutors and judges might
handle your case is invaluable.
Associated Charges of Paraphernalia Possession
Often, people charged with drug possession will also find themselves charged with paraphernalia possession. Under the IllinoisDrug Paraphernalia Control Act, the definition of drug paraphernalia includes all equipment and materials intended to be used in producing, preparing, testing, packaging, and storing controlled substances (720 ILCS 600/3.5). Paraphernalia possession is considered a Class A misdemeanor, with a penalty of up to one year of jail time, a fine of up to $2500, or both.
Get Help From a Chicago Defense Attorney
If you are facing drug distribution charges in Illinois, you need an experienced drug crimes defense attorney to advocate for you. Contact Chicago defense attorney Steven Goldman for a consultation today.
