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720 ILCS 570/402 Possession of a Controlled Substance

 

  • Up to Class 1 Felony
  • Up to 50 years in prison
  • Fines up to $250,000
  • Call for more details

 

Understanding Possession of a Controlled Substance in Illinois

Possession of a controlled substance is a serious criminal offense in Illinois, involving the unlawful possession of drugs that are regulated under state and federal law. These substances include narcotics, stimulants, depressants, hallucinogens, and other drugs that are classified as controlled substances. A conviction for possession of a controlled substance can result in severe penalties, including imprisonment, fines, and a permanent criminal record, depending on the type and quantity of the substance involved.

 

What Constitutes Possession of a Controlled Substance in Illinois?

Under Illinois law, possession of a controlled substance is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 570/402. The offense occurs when an individual knowingly possesses a controlled substance without a valid prescription or legal authorization.

Controlled substances are categorized into different “schedules” based on their potential for abuse, medical use, and safety. Common examples include:

  • Schedule I Substances: Drugs with a high potential for abuse and no accepted medical use, such as heroin, LSD, and ecstasy.
  • Schedule II Substances: Drugs with a high potential for abuse but with some accepted medical uses, such as cocaine, methamphetamine, and oxycodone.

Examples of Possession of a Controlled Substance Under Illinois Law

Here are specific examples of what could constitute possession of a controlled substance under Illinois law:

  • Possessing Heroin or Cocaine
    • Statute: 720 ILCS 570/402(a)
    • Description: An individual is found with a small amount of heroin or cocaine, leading to charges for unlawful possession of a controlled substance.
  • Possessing Prescription Drugs Without a Valid Prescription
    • Statute: 720 ILCS 570/402(a)
    • Description: A person is caught with a controlled substance such as oxycodone or Adderall without having a valid prescription, resulting in possession charges.

Penalties for Possession of a Controlled Substance in Illinois

The penalties for possession of a controlled substance in Illinois vary depending on the type and quantity of the substance. Potential penalties include:

  • Class 4 Felony (for possession of small amounts of certain substances, such as less than 15 grams of cocaine or heroin):
    • 1 to 3 years in prison
    • Fines of up to $25,000
  • Class 3 Felony (for possession of larger quantities or more dangerous substances):
    • 2 to 5 years in prison
    • Fines of up to $25,000
  • Class 1 Felony (for possession of very large quantities):
    • 4 to 15 years in prison
    • Fines of up to $25,000

In addition to these legal penalties, a conviction for possession of a controlled substance can result in a permanent criminal record, affecting future employment, housing, and other opportunities.

 

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of possession of a controlled substance is a serious matter that requires an experienced and knowledgeable defense attorney. Here’s why Andrew M. Weisberg is the defense attorney you need:

  • Extensive Knowledge of Illinois Drug Laws: Andrew M. Weisberg has a deep understanding of Illinois laws related to controlled substances, including the complexities of possession charges. His background as a former Cook County prosecutor gives him valuable insights into how these cases are prosecuted, enabling him to craft effective defense strategies.
  • Strategic and Personalized Defense: Mr. Weisberg thoroughly examines the details of your case to identify any weaknesses in the prosecution’s evidence. He tailors his defense strategy to your specific situation, aiming for the best possible outcome.
  • Aggressive Courtroom Advocacy: Known for his assertive courtroom presence, Mr. Weisberg is committed to vigorously defending your rights, whether through negotiating a favorable plea or challenging the evidence at trial.
  • Compassionate and Confidential Client Support: Facing criminal charges can be overwhelming, but Mr. Weisberg provides not only expert legal representation but also compassionate and confidential support throughout the legal process. He ensures that you are fully informed and supported every step of the way.

Contact Andrew M. Weisberg for a free consultation to discuss your possession of a controlled substance case and learn how he can help protect your rights and fight for the best possible outcome.