Chicago Criminal Law Attorney Explains Possession Of A Controlled Substance
Drug crimes include a wide range of activities prohibited by federal or state regulations, including possession, manufacturing and distribution, as well as prescription fraud and forgery. Drug charges can have severe consequences, including forfeiture of property, jail time and monetary fines.
What Are Controlled Substances According To Illinois Laws?
A controlled substance is a drug or chemical whose manufacture, possession, and use are regulated by the government. This includes illegal drugs and prescription medications. Federal and state drug possession laws make it a crime to possess illegal controlled substances.
In Illinois, possession of a controlled substance is a felony offense under state law. All illegal drugs that are not cannabis are classified as controlled substances. This includes cocaine, heroin, ecstasy, methamphetamine, mushrooms, and LSD. When the defendant is accused of manufacture, delivery, or possession with intent to deliver, the law increases the punishment. Call a Chicago criminal law attorney or Chicago lawyer for legal guidance if you are charged with a possession of a controlled substance.
Possession, Manufacturing, Distributing Controlled Substances
Drug possession laws vary according to drug type, amount, and the purpose of possession. Drug cultivation and manufacturing laws make it a crime to grow, produce, and possess certain plants and other naturally occurring elements used in the production of controlled substances; or to produce controlled substances which require use of certain chemicals and laboratory equipment in their production. Drug distribution and trafficking laws penalize the selling, transportation, and illegal import into the United States of controlled substances.
Illinois Sentencing And Potential Consequences
Sentences and guidelines are set out in the Illinois Drug Laws according to the amount seized and weighed. Many drug charges are felonies which may result in substantial jail time and fines. A felony is a serious crime and requires the guidance of a capable Chicago criminal law attorney or Chicago lawyer.
The typical possession of a controlled substance charge with a total weight of less than 15 grams is a Class 4 felony offense which has a potential jail sentence of 1-3 years and fines of up to $25,000. Most Class 4 felony drug charges allow the court to sentence the defendant to probation and substance abuse treatment. Certain controlled substances have special penalties for weights greater than 15 grams.
Illinois Drug Laws impose greater sentences if certain other factors are involved. If possession or sale of a drug is within 1,000 feet of a school, church, public park, or a movie theater, the court may double the fine and the sentence. If a firearm is in possession at the time of a drug arrest, the court may double the fine and the sentence upon conviction. An individual can be charged with possession or sale of a look-alike substance, known as a fake drug, if the substance is packaged in a manner to resemble a real drug.
In addition to a lengthy jail sentence, any felony conviction will make it difficult to get a job, obtain government student aid or college loan. If a person is not a citizen of the United States, a conviction for a drug offense may cause them to be deported and never be allowed to return to the United States.
An individual may also be in danger of forfeiting their property if they’re convicted of a drug crime. If a person’s house is used to make and distribute drugs, the government may be able to seize it. The impact of a conviction for a drug offense can have life-long and life-changing impacts on an individual’s life. Don’t delay if you or a loved one is facing charges for an Illinois drug crime. Speak with a Chicago criminal law attorney or Chicago lawyer right away!