A charge of delivery of a controlled substance (720 ILCS 570/401) usually involves what is referred to as a ‘controlled buy’ set up by law enforcement, using a confidential source. Typically, a ‘controlled buy’ involves a confidential source who may be equipped with a recording device and is sent to buy drugs from another person. The greater the weight of the substance the confidential source buys, the higher the felony is that is charged. Additionally, delivery charges can be enhanced if the delivery occurs within 500 feet of certain protected properties (such as churches or schools) or to certain classes of protected individuals (persons under the age of 18).

A charge of possession with intent to deliver a controlled substance does not require that the controlled substance actually be delivered. When this is charged, the State must prove that the person who possessed the controlled substance intended to deliver (or sell) the substance to another. Circumstantial evidence of such intent includes the amount of substance possessed is greater than the personal use amount and the presence of other items such as digital scales, packaging material, a large quantity of cash, and the absence of personal use drug paraphernalia. Again, the greater the weight possessed, the higher the felony is that will be charged. ·

A charge of drug possession requires that an individual knowingly possess a controlled substance. The greater the weight possessed, the greater the felony charged. An individual can possess an item when it is found on them, however, an individual can also ‘constructively’ possess an item when it is not in their direct physical control if they have knowledge of the item and the ability to exercise control over the item. Additionally, possession of an item can be ‘joint’, in that more than one person can be deemed to legally possess the same item. 

A charge of criminal drug conspiracy requires that a person agrees with another to commit either the offense of Delivery or Possession of a Controlled Substance. In order to be convicted of this offense, either the person charged or his co-conspirator must have committed an act in furtherance of the conspiracy. 

A charge of unauthorized possession of a prescription form involves either altering a properly issued prescription or possessing a blank or counterfeit prescription form without authorization.

The Controlled Substances Act sets forth five separate Schedules of controlled substances: 

• Schedule I drug examples include heroin, MDMA (Ecstasy), LSD, peyote and psilocybin mushrooms. 
• Schedule II drug examples include opium, hydocodone, codeine, morphine, oxycodone, cocaine, fentanyl and methadone. 
• Schedule III drug examples include ketamine, buprenorphine (most common example is Suboxone) and anabolic steroids 
• Schedule IV drug examples include alprazolam (Xanax), clonazepam, diazepam and tramadol. 
• Schedule V substances are those that have been deemed low potential for abuse in conjunction with a finding the substance has currently accepted medical use.

In Illinois, few drug laws are as severe as those contained within the Methamphetamine Control and Community Protection Act. The Methamphetamine Control and Community Protection Act controls all crimes involving methamphetamine and items used in the manufacture of methamphetamine.

Typical crimes charged involving methamphetamine include:

A charge of possession of methamphetamine (720 ILCS 646/60) requires that an individual knowingly possess methamphetamine. The greater the weight possessed, the greater the felony charged. An individual can possess an item when it is found on them, however, an individual can also ‘constructively’ possess an item when it is not in their direct physical control if they have knowledge of the item and the ability to exercise control over the item. Additionally, possession of an item can be ‘joint’, in that more than one person can be deemed to legally possess the same item.

A charge of delivery of a methamphetamine usually involves what is referred to as a ‘controlled buy’ set up by law enforcement, using a confidential source. Typically, a ‘controlled buy’ involves a confidential source who may be equipped with a recording device and is sent to buy methamphetamine from another person. The greater the weight of the substance the confidential source buys, the higher the felony is that is charged. Additionally, delivery charges can be enhanced if delivery is made to an individual under the age of 18, a pregnant woman, on school property under certain conditions, and when the delivery occurs in a structure of vehicle that is protected by firearms, alarm systems, surveillance systems or guard dogs.

A charge of possession with intent to deliver methamphetamine does not require that the methamphetamine actually be delivered. When this is charged, the State must prove that the person who possessed the methamphetamine intended to deliver (or sell) the methamphetamine to another. Circumstantial evidence of such intent includes the amount of methamphetamine possessed being greater than the personal use amount and the presence of other items such as digital scales, packaging material, a large quantity of cash, and the absence of personal use drug paraphernalia. Again, the greater the weight possessed, the higher the felony is that will be charged.

A charge of participation in methamphetamine manufacturing (720 ILCS 646/15) essentially involves situations when methamphetamine is being made by an individual or individuals. Methamphetamine manufacturing charges involve some of the harshest penalties in the State of Illinois that are normally reserved for child sex offenses or violent crimes.

The already draconian sentencing provisions for the manufacture of methamphetamine can be increased if aggravated factors are deemed to be present. Some aggravating factors include the following: whether the manufacturing occurs in a multi-unit dwelling, whether a pregnant person is present, whether the methamphetamine manufacturing is a contributing cause of a fire or whether the person manufactures methamphetamine in a structure or vehicle protected by firearms, alarm systems, surveillance systems or guard dogs.

A charge of use of property involves an individual knowingly using, or allowing the use, of a vehicle, structure or real property within the person’s control to bring about any violation of the Methamphetamine Control and Community Protection Act.

Cannabis Control Act

In Illinois, it is now legal to possess low-level amounts of cannabis, even without having a prescription for medical marijuana. However, there are still situations where it is illegal to possess cannabis and can lead to criminal charges. Also, given that the state obtains tax money from the legal sale of cannabis, all non-sanctioned deliveries of cannabis remain illegal. Under the Illinois Cannabis Control Act, some of the most commonly charged crimes involving cannabis are:

A charge of possession of cannabis (720 ILCS 550/4) requires that an individual knowingly possess cannabis. It is legal to possess low level amounts of cannabis. However, for an individual without prior cannabis related convictions, possessing more than 100 grams of cannabis can lead to a felony charge.

An individual can possess an item when it is found on them, however an individual can also ‘constructively’ possess an item when it is not in their direct physical control if they have knowledge of the item and the ability to exercise control over the item. Additionally, possession of an item can be ‘joint’, in that more than one person can be deemed to legally possess the same item.

A charge of delivery of cannabis usually involves what is referred to as a ‘controlled buy’ set up by law enforcement, using a confidential source. Typically, a ‘controlled buy’ involves a confidential source who may be equipped with a recording device and is sent to buy cannabis from another person. The greater the weight of the cannabis the confidential source buys, the higher the crime is that is charged.

A charge of possession with intent to deliver cannabis does not require that the cannabis actually be delivered. When this is charged, the State must prove that the person who possessed the cannabis intended to deliver (or sell) the cannabis to another. Circumstantial evidence of such intent includes the amount of cannabis possessed being greater than personal

use amount and the presence of other items such as digital scales, packaging material, a large quantity of cash and the absence of personal use drug paraphernalia.

A charge of production or possession of cannabis Sativa plants normally occurs when an individual has been growing their own cannabis. While there are some exceptions involving individuals who have a lawfully prescribed medical marijuana card, for those without possessing more than 5 cannabis Sativa plants can lead to the filing of felony charges.

A charge involving the possession of adult use cannabis in a motor vehicle occurs when: a driver uses cannabis while driving on a roadway or a driver/passenger possesses cannabis in a vehicle that is NOT in a secured, sealed, or resealable, odor-proof, child-resistant container that is inaccessible. This is a class A misdemeanor charge.