Possession of drugs is a serious crime in Illinois and carries serious penalties. It is important that you work with a drug possession attorney who will protect your rights. Fred Mark Dry is a criminal defense attorney with over 35 years experience handling criminal cases in Illinois.
State of Illinois Drug Schedules
The state of Illinois divides controlled dangerous substances into five schedules based on factors such as their potential for abuse, and whether they are approved for legitimate medical use:
- Schedule I – drugs (such as opiates and certain opium derivatives and hallucinogenic substances) that have a high potential for abuse, no accepted medical use, or are unsafe for use in treatment, even under medical supervision.
- Schedule II – drugs (such as coca leaves and opium) that have a high potential for abuse, have an accepted medical use and can result in severe psychological and physical dependence if abused.
- Schedule III – drugs (such some steroids) that have a potential for abuse less than Schedule I or II drugs, have an accepted medical use and can lead to low or moderate physical dependence and high psychological dependence.
- Schedule IV – drugs (such as diazepam) that have a lower potential for abuse than Schedule III drugs, have an acceptable medical use and may lead to limited psychological and physical dependence in relation to Schedule III drugs.
- Schedule V – drugs that are the least dangerous, with the lowest potential for abuse, a currently accepted medical use, and likely to lead to only limited physical or psychological dependence. Schedule V drugs include medicines that have very small amounts of specified narcotic drugs.
Illinois Drug Penalties
Illinois divides felonies into five classes: X, 1, 2, 3 and 4. A Class 1 felony is the most serious possession crimes and will receive the harshest penalties. In addition to jail time, felony drug possession charges also carry fines that can reach up to $25,000. Misdemeanors in Illinois are divided into three classes: A, B and C. Class C misdemeanors are the least serious possession crimes.
When you are charged with drug possession in Illinois, your penalty will depend on what drug you had as well as the amount. For example, possession of 2.5 grams or less of marijuana is a Class C misdemeanor and is punishable by 30 days in jail and $1,500 in fines. Possession of 900 grams or more of heroin, cocaine or morphine is a Class 1 felony that is punishable by 10-50 years in prison.
Penalties for drug possession in Illinois can increase with any subsequent charge. For example, subsequent convictions for a Class A misdemeanor will be charged as a Class 4 felony. Subsequent convictions for a Class 4 felony will be a Class 3 felony.
Possession of controlled substances, including marijuana, cocaine, crack, ecstasy, and methamphetamine can have you facing prison time, fines, and probation. This serious crime requires quality legal counsel. Speak with Chicago drug crimes attorney Fred Mark Dry as soon as possible.
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