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720 ILCS 570/401

Possession of a Controlled Substance with intent to deliver or manufacturing of a Controlled Substance

 

  • Up to Class X Felony
  • Maximum sentence 60 years in prison
  • Fines up to $250,000
  • Call for more details

 

Understanding Possession of a Controlled Substance with Intent to Deliver in Illinois

Possession of a controlled substance with intent to deliver is a serious criminal offense in Illinois. This charge involves not only the unlawful possession of a controlled substance but also the intent to distribute or sell that substance. Convictions for this crime can result in severe penalties, including lengthy prison sentences, substantial fines, and a permanent criminal record, particularly if the substances involved are highly regulated or dangerous, such as heroin, cocaine, or methamphetamine.

 

What Constitutes Possession of a Controlled Substance with Intent to Deliver in Illinois?

Under Illinois law, possession of a controlled substance with intent to deliver is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 570/401. The offense occurs when an individual knowingly possesses a controlled substance and intends to distribute, sell, or deliver it to another person, without the proper legal authorization or licensing.

Key indicators of intent to deliver may include:

  • Large Quantities of the Substance: Possessing amounts that exceed what would typically be considered for personal use.
  • Packaging Materials: The presence of items such as baggies, scales, or other materials commonly associated with drug distribution.
  • Communications or Transactions: Evidence of arrangements or discussions to sell or distribute the controlled substance, such as text messages, emails, or observed transactions.

Examples of Possession of a Controlled Substance with Intent to Deliver Under Illinois Law

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

  • Possessing Large Quantities of a Controlled Substance with Packaging Materials
    • Statute: 720 ILCS 570/401(a)
    • Description: An individual is found with 100 grams of cocaine, along with scales and multiple small bags, indicating the intent to sell the drug.
  • Arranging a Drug Sale
    • Statute: 720 ILCS 570/401(a)
    • Description: A person is caught with heroin and text messages showing arrangements to sell the substance, leading to charges of intent to deliver.

Penalties for Possession of a Controlled Substance with Intent to Deliver in Illinois

The penalties for possession of a controlled substance with intent to deliver in Illinois are severe and depend on the type and quantity of the substance involved. Potential penalties include:

  • Class 3 Felony (for smaller amounts of certain substances, like less than 1 gram of heroin or cocaine):
    • 2 to 5 years in prison
    • Fines of up to $25,000
  • Class 1 Felony (for larger quantities or more dangerous substances, like 15 grams or more of heroin, cocaine, or methamphetamine):
    • 4 to 15 years in prison
    • Fines of up to $25,000 or more, depending on the value of the drugs involved
  • Enhanced Penalties:
    • Additional penalties if the offense occurs near a school, park, or other protected area, or if minors are involved in the distribution.

In addition to these legal penalties, a conviction for possession of a controlled substance with intent to deliver will 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 with intent to deliver 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 surrounding possession with intent to deliver. His background as a former Cook County prosecutor provides him with valuable insights into how these cases are prosecuted, enabling him to craft effective defense strategies.
  • Strategic and Personalized Defense: Mr. Weisberg carefully 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 with intent to deliver case and learn how he can help protect your rights and fight for the best possible outcome.