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Drug Charges and Penalties

Drug cases in Illinois are called Controlled Substance Offenses.
They fall into a variety of categories from simple Possession, Possession with Intent to Distribute, Manufacture or Delivery of a Controlled Substance, Narcotics Trafficking, and Criminal Drug Conspiracy charges.

David S. Olshansky & Associates has been defending narcotics related charges in both State and Federal courts since 1975.

To see the specific penalties pertaining to the each illegal substance click on the links below:

Prescription medications such as Oxycodone, Codeine, Vicodin and others are classified as Schedule II, III or IV substances.

See also: Illegal Searches and Seizures, Tow Hearings / Vehicle Impoundments, Forfeitures

Possession

Drug possession laws make it a crime to knowingly or willfully possess illegal controlled substances such as marijuana, cocaine, heroin, methamphetamine, LSD, “club drugs” like ecstasy, and other drugs possessed without a valid prescription, that would normally require such a prescription from a licensed physician. There a different laws from state to state as well as federal statutes that control and define exactly what the penalties are for illegal possession. These laws also criminalize the possession of the chemicals used in drug cultivation and manufacturing, as well as certain accessories related to drug use. Drug possession laws vary according to drug type, amount, and geographic area of the offense. Possession of small quantities may be a violation of “simple possession” laws, while possession of larger amounts, or in the way that the narcotics are packaged, the violation may result in a charge of “possession with intent to distribute.” Enhanced penalties may apply when certain events are present such as the proximity of the substance to a school or church, or the person who possesses the substance’s criminal history. Please view the above specific substances to see potential penalties.

Possession with Intent to Deliver, Delivery, Drug Distribution and Drug Trafficking, Manufacturing and Cultivation

Laws penalizing the selling, transportation, and illegal import into the United States, or from one state to another of, of unlawful controlled substances such as marijuana, cocaine, heroin, methamphetamine, LSD, “club drugs” like ecstasy, and other drugs possessed without a valid prescription, that would normally require such a prescription from a licensed physician, fall under drug distribution and trafficking laws.

Federal and state drug distribution and trafficking laws and punishments vary according to drug type, amount, geographic area of distribution, and whether minors were sold to or targeted. Offenses under these types of violations usually carry harsher penalties than charges of simple possession.

Drug distribution and trafficking laws can implicate a single individual or a broad ring of people involved in organized illegal drug activity such as a conspiracy charge. As such, possession a controlled substance with the intent to sell or deliver, or the actual delivery of a controlled substance to another person, charges carry a greater penalty then simple possession. Enhanced penalties may apply when certain events are present such as the proximity of the substance to a school or church, or the person who possesses the substance’s criminal history.

Further, drug trafficking laws apply when the substance can be proved to have brought from one state to another. In Illinois drug trafficking usually carries twice the minimum and maximum penalties. Drug manufacturing and cultivation laws make it a crime to grow, produce, and possess certain plants and other naturally occurring elements used in the production of unlawful controlled substances, such as cannabis seeds and marijuana plants; or to produce illegal controlled substances like cocaine, methamphetamine, LSD, and Ecstasy (MDMA), which require use of certain chemicals and laboratory equipment in their production. Federal and state drug cultivation laws vary according to drug type and the amount produced. Please view the above specific substances to see potential penalties.