Dupage County Lawyers
 

Controlled Substances

Illinois Drug Crime Attorneys

According to the Illinois Controlled Substances Act (720 ILCS 570/1, et seq.), the knowing possession, manufacture and delivery of controlled substances, counterfeit substances, and “analogs” of controlled substances (substances that have a chemical structure or effect similar to that of a controlled substance) is a felony.  If convicted, you can face imprisonment and fines, and you will have a criminal record that will follow you and negatively affect the rest of your life.

If you have been charged with any crimes related to controlled substances, it is essential to get top-notch legal assistance.  The experienced Illinois criminal drug defense lawyers at Wolfe & Stec, Ltd. are skilled trial lawyers who believe each case is unique, with its own set of circumstances and requirements.  Whatever the charge, our skilled criminal controlled substance defense lawyers will work with you to mount the most effective defense possible.  We offer a free consultation, so contact us for help today at 630-305-0222 if you have been accused of any controlled substance charges.

What Are Controlled Substances?

Drug laws apply to substances classified as “controlled,” meaning that the use and distribution of the substance is governed by law. Controlled substances are often classified under “schedules” under federal and state statutes, and this classification may be different in each case.  Sometimes federal and state laws are contradictory, such as in the case of medical marijuana which is still illegal under federal statutes but legal in Illinois.

Illinois law classifies drugs from Schedule I to Schedule V according to factors such as the potential for abuse and whether the drug has any medical uses.  Schedule V controlled substances are considered the least dangerous, while Schedule I drugs are considered most dangerous.

Under Illinois law, 720 ILCS 570/203, schedule I controlled substances are those that

  1. have high potential for abuse; and
  2. have no currently accepted medical use in treatment in the United State or lack accepted safety for use in treatment under medical supervision.

These substances include most recreational and street drugs such as:

  • cocaine
  • methamphetamine
  • heroin, opiates, and other opium derivatives
  • ecstasy
  • psychedelic mushrooms
  • LSD and other hallucinogenic substances
  • peyote
  • substances having a depressant or stimulant effect on the central nervous system

See The Illinois General Assembly’s site for a complete list of drugs and their classifications.

Controlled substances that are not classified as Schedule I may be legal if they are prescribed for medical use, but, due to high potential for addiction and abuse, they are illegal if they are used in an unauthorized manner without a physician’s prescription.  These substances may fall into the following categories:

  • Pain medications – including Codeine, Methadone, Morphine, Percocet, Percodan, and Vicodin
  • Cough syrups that contain controlled substances such as Codeine
  • Tranquilizers such as Xanax, Ativan, Valium, and Librium
  • Sedatives that require a physician’s prescription such as Nembutal, Seconal, or Quaaludes
  • Amphetamines that are prescribed for weight loss and hyperactivity such as Ritalin and Adderall
  • Opiate pain medications such as oxycodone

Punishments

The following are possible punishments you may face for possession in Illinois.  The severity of punishment increases with the amount of drug involved.

  • Heroin, Cocaine, Morphine, and LSD: Class 1 Felony, punishable by up to $200,000 in fines and imprisonment of 4-15 years in prison for 15g-99g. 6-30 years for 110g-399g, 8-40 years for 400g-899g, and 10-50 years for 900g or more.
  • Peyote, Barbituric Acid/Salts, and Amphetamines: Class 1 Felony for 200g or more, punishable by 4-15 years in prison and up to $25,000 in fines.
  • Pentazocine, Methaqualone, Phencyclidine and Ketamine: Class 1 Felony for 30g or more, punishable by 4-15 years in prison and up to $25,000 in fines.
  • Anabolic Steroids: Class C Misdemeanor punishable by up to 30 days in prison and up to $1,500 in fines.
  • Marijuana: Possession for personal use of 10 grams of marijuana or less is a Civil Violation, punishable by a fine of $100-$200 and no jail time.  Possession of 10-30 grams is a Class A misdemeanor for a first offense, with possibility of 1 year in prison and a fine of $2,500.  Possession of over 5,000 grams of marijuana is a Class 1 felony, punishable by imprisonment of 4-30 years, and a fine of $25,000.
  • Other Substances Not Listed in Statute: Possession is a Class 4 Felony punishable by 1-3 years in prison and up to $25,000 in fines.

If you are charged with possession of controlled substances with intent to manufacture or deliver, punishments will be even more severe.  In addition to Illinois statutes, federal law may come into play, bringing additional punishments.

Put Your Trust In Us — Contact Wolfe & Stec, Ltd. for a Free Consultation.

If you have been charged with any controlled substance crime in Illinois, you need to hire the best criminal defense attorney that you can find.  The experienced and seasoned Illinois drug crime defense attorneys at Wolfe & Stec, Ltd. will examine the facts, the individuals involved, and the evidence available in every situation.  We work with our clients throughout the criminal process to come up with an effective defense strategy and determine whether to take a case to trial. Our goal is always to minimize the negative impact of the situation and to focus on protecting your freedoms, liberties and rights.

We are aggressive litigators and will answer all your questions and make sure you fully understand the facts surrounding your case.  We represent clients in DuPage County, Naperville, Aurora, Wheaton, Will County, Downers Grove and Bolingbrook, and the greater Chicagoland area.

Delaying can only make your situation worse, so contact us and call 630-305-0222 today to schedule your free initial consultation.

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