Rockford Drug Crime Attorneys

What Are Illinois’ Drug Laws?

According to Illinois law, it is illegal to manufacture, sell or possess marijuana, cocaine, ecstasy, heroin, meth, LSD or any other listed controlled substance. Additionally, it is a crime to possess controlled dangerous substances (CDS) without a valid prescription. Illinois divides CDS into five different “schedules” and depending on the schedule you can face felony or misdemeanor charges.

There are two main categories of drug crimes you could be charged with if you are found to be in possession of any of the above-listed substances:

• Possession with the intent of personal recreational use
• Possession with the intent to manufacture or sell

The amount of the controlled substance you are found in possession of determines whether you are charged with possession or possession with intent to manufacture and sell. Additionally, the severity of the penalties you can face also largely depends on the type of drug found in your possession - if convicted, you could face penalties such fines and incarceration.

Facing charges for a drug crime? Discuss your case during a FREE consultation today!

Main Evidence Needed for a Possession Conviction

If you have been arrested in Illinois, the prosecution must prove three main things to convict you of drug possession charges:

1. The prosecution must first identify the substance.
2. Second, they must prove that you were knowingly in possession of the substance.
3. Finally, they must prove this substance was in your immediate control.

Often defendants are found in possession of controlled substances left in their car by friends or family. For example, your spouse takes an anti-anxiety medication like Alprazolam and forgets his or her prescription in your car. Later, you are pulled over for speeding and police request to search your vehicle. Confident you have nothing to hide from them, you consent. Police find the bottle of medication in your car prescribed to someone other than yourself. What seems like an innocent situation to you could read completely different to a police officer.

How Long Do You Go to Jail for Possession?

In the state of Illinois, the amount of jail time that you can be sentenced to for drug possession depends on the type and amount of drug found in your possession. Under Illinois law, there are five classes of felonies and three classes of misdemeanors. The type of drug and the schedule that the drug falls under largely determines the penalties that you could face.

For example, for a class 1 felony possession of heroin, LSD, cocaine or hallucinogenic substance, you could face four to 15 years incarceration for possession of 15 to 99 grams. While for a class 4 felony possession of a schedule I or II narcotic, you could face one to three years incarceration.