Possession of drugs such as heroin, methamphetamine, cocaine, LSD, ecstasy, peyote, ketamine, morphine, and other
prescription pills like Vicodin, methadone, Demerol, OxyContin, Fentanyl, Adderall and Ritalin (without a prescription) is a criminal offense in the state of Illinois. Possession is not the only way to be charged with drug offenses. You can be charged with
Constructive possession: Even when it is not on your person, if it can be shown that the drugs were on your property or in your car,
and that you had knowledge of the presence of the drugs and the ability to control the drugs, you can be charged.
Possession with intent to sell/delivery: If it can be shown that you had a quantity of drugs that was more than for personal use, you could be charged with intent to distribute, or sell to another person. Direct evidence is not required as circumstantial evidence is enough.
Manufacturing or Cultivating: Depending on the type of controlled substance the suspect is making, charges of manufacturing or cultivating a controlled substance may be filed. If the drug requires a chemical process in order to create and produce the drug, like ecstasy or cocaine, the suspect will be charged with manufacturing. Cultivating is the illegal growing, possessing or producing of controlled substances or cannabis.
Trafficking: The illegal distribution and sale of a controlled substance, depending on the quantity, will result in a drug trafficking charge.
Charges of drug trafficking are much more severe than possession. The court will look at the type of drugs involved, the location in which they were being distributed, who the intended demographic for sale was, and how much they were intending to sell.
The severity of the sentencing will be dependent upon what drug schedule the drug is under according to the United States Drug Enforcement Administration. There are five schedules and the key is whether there is a currently accepted medical use or whether there is potential for abuse or dependence. Schedule I drugs are defined as those with no currently accepted medical use and have a high potential for abuse, including: heroin, marijuana, ecstasy, and peyote. Schedule II drugs have a high potential for abuse and also may lead to severe psychological or physical dependence, which include: Vicodin, methamphetamine, cocaine, methadone, Demerol, OxyContin, Fentanyl, Adderall and Ritalin. Illinois penalties for drug offense vary. It can be 1 year in the Illinois Department of Corrections up to 60 years or more.
Contact Lamp Law LLC to find out more about charges specific to your situation.