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Possession of Controlled Substance

Under the Illinois Controlled Substances Act, it is illegal to knowingly possess a controlled substance or controlled substance analog. Possession can be actual or constructive.

Actual possession requires the substance to be found on your body. This could include your pockets, up your sleeve, in a shoe, or in your hand.

Constructive possession requires the substance to be in a location you have knowledge of and the ability to access and control. Common examples of constructive possession include:

• Drugs stashed in cars or homes of individuals who are under suspicion of possession,
• Any drugs police find stored in the glove compartment, visor, or console of your car.

Penalties for the possession of a controlled substance vary depending on:

• The type of controlled substance; and
• The amount of the controlled substance in your possession.

For example, the penalties for possession of the same amount of marijuana and cocaine are drastically different. The penalty for possession of 10-30 grams of marijuana is (for a first offense) up to 1 year in jail and/or a fine of up to $2,500.

The penalty for possession of the same amount of cocaine is 4-15 years in prison and a fine of up to $200,000. For a comprehensive list of penalties for Illinois drug possession crimes, click here. Cook County aggressively prosecutes those accused of possession of a controlled substance. If you’re facing charges, Chicago drug crimes defense attorney Gus Kostopoulos can assist you. Contact him immediately to discuss your case.

Possession of Drug Paraphernalia

Prohibitions on possession also extend to paraphernalia. Under the Drug Paraphernalia Control Act [720 ILCS 600], it is illegal to possess drug paraphernalia, which includes:

• Bongs,
• Carburetion tubes and devices,
• Water pipes,
• Electric pipes,
• Cocaine spoons and vials, and
• Needles or syringes.

Paraphernalia associated with drug use, manufacture, or distribution – such as baggies or scales – may also be punishable under the Act.

Possession of drug paraphernalia is a Class A Misdemeanor, punishable by up to 1 year in jail and/or a fine of up to $2,500.

Possession with Intent to Deliver

In some cases, the amount of a controlled substance found in your possession may elevate the crime to Possession with the Intent to Deliver. You can be charged with this crime even if you lack the intent to sell or deliver the drugs to another person. Chicago prosecutors may pursue elevated charges if the amount of drugs in your possession – whether actual or constructive – would be greater than that for personal use.

Possession with intent to deliver can be a misdemeanor of a felony offense, depending on the type and amount of the controlled substance in your possession. Penalties may range from 6 months and fines of $1,500 to 15 years in prison and fines of $250,000. For a comprehensive list of penalties for drug possession with intent to deliver crimes, click here. The attorneys at Kostopoulos Law Group regularly handle these types of cases. Find out how we can assist you.

Manufacturing of Controlled Substances

It is illegal to manufacture controlled substances. Charges for manufacturing drugs can be brought if the police find evidence of:

• A drug development lab in your home or place of business;
• A collection of chemicals and substances typically used to create a drug; or
• Cultivating and growing plants used as or used in the creation of a drug.

Manufacturing charges, however, are dependent upon the state proving that you had both:

• Possession of the elements necessary to create the controlled substance, and
• Intent to create a controlled substance.

If you happen to have an interesting collection of chemicals, but lack the intent to combine them to create a drug, then the state will likely be unsuccessful in pursuing manufacturing charges against you.

Manufacturing controlled substances is a crime that law enforcement in Chicago takes very seriously. The crime is a Class X Felony, which is punishable by 6 to 30 years in prison and a fine of up to $25,000. The severity of the penalty will, however, depend on the type and amount of controlled substance relevant to your specific case. For a comprehensive list of penalties for drug manufacturing crimes, click here.

Given the serious penalties, call Chicago drug crimes lawyer Gus Kostopoulos today if you’re being charged with manufacturing of a controlled substance.

Distribution and Trafficking of Controlled Substances

The actual or attempted distribution of a controlled substance is illegal. Distribution is, for the purposes of the statute, broadly defined, and includes any delivery – other than by administering or dispensing – a controlled substance. This may include:

• selling,
• exchanging, or
• providing drugs to another person.

The distribution can be successful – where you the other party takes the drugs into their possession, or the distribution can be solicited but not complete. The intent to distribute a controlled substance – if proven – is enough to satisfy the charges.

Distribution is a Class X Felony, which is punishable by 6 to 30 years in prison and a fine of up to $25,000. The severity of the penalty will hinge on the specific drug and amount of the sale or attempted sale.

Drug Trafficking

Trafficking is perhaps the most serious drug crime because it involves the transport of drugs into the state for sale and use. Under Section 401.1 of Illinois statute 720 ILCS 570, it is illegal to knowingly bring (or cause to be brought) controlled substances into the state of Illinois for manufacture or distribution. Regardless of whether you bring the drugs in yourself or arrange to have them brought in, trafficking is a serious offense.

Trafficking is punishable by the penalty assigned for the distribution or manufacture of the specific drug in question. It is a Class 2 Felony to use a cellular radio telecommunication device (cell phone or other similar mode of communication) to assist the trafficking of a controlled substance.