Drug offenses are very serious, and there can be significant consequences if you are convicted of a drug crime. The potential penalties can vary depending on the type of substance, the amount of the substance, and your prior criminal history.
If you are arrested and charged with a drug offense, it’s essential to contact a criminal defense attorney right away. Attorney Daniel Johnson is an experienced and dedicated criminal defense lawyer who will fight for you every step of the way. Contact Attorney Daniel Johnson at (773) 864-9281 for a free consultation.
Possession of a Controlled Substance
It is illegal for a person to knowingly possess a controlled substance, a counterfeit controlled substance, or a controlled substance analog. Controlled substance analog refers to a substance, other than a controlled substance that is not approved by the United States Food and Drug Administration or, if approved, is not dispensed, or possessed in accordance with state or federal law and has a chemical structure substantially similar to that of a Schedule I or II or was specifically designed to produce an effect substantially similar to that of a controlled substance in Schedule I or II. The Drug Enforcement Agency classifies drugs, substances, and certain chemicals used to make drugs into five specific categories or schedules depending upon the drug’s acceptable medical use and the drug’s abuse or dependency potential.
A Schedule I controlled substances is defined as having no currently accepted medical use in the United States and a high potential for abuse. Some examples of Schedule I controlled substances are: heroin, LSD, methylenedioxymethamphetamine (ecstasy), GHB, methaqualone, and peyote.
A Schedule II controlled substance is considered to have a high potential for abuse and may lead to severe psychological or physical dependence. These substances have a currently accepted medical use in treatment in the United States. However, possession of these substances is illegal without a physician’s prescription or some other authorization. Some examples of Schedule II substances are fentanyl, Oxycodone (OxyContin, Percocet), codeine, cocaine, methamphetamine, methadone, meperidine (Demerol), hydromorphone (Dilaudid), hydrocodone (Vicodin), morphine, Dexedrine, Adderall, and Ritalin.
On January 1, 2020, recreational marijuana became legal in Illinois for adult use. Individuals 21 years of age and older can buy marijuana from licensed sellers in Illinois with or without a medical marijuana card. Illinois residents 21 years of age and older can legally possess up to 30 grams of marijuana, 500 milligrams of THC when it is in some type of cannabis-infused product (drinks, gummies, other edibles, etc.), or up to 5 grams of marijuana concentrate, such as oils or creams.
However, there are circumstances where it’s illegal to possess and consume marijuana in Illinois. If you are found to have more than 30 grams but not more than 100 grams of marijuana, you can be charged with a Class A misdemeanor, punishable by less than 1 year in jail and up to a $2,500 fine. A second and subsequent offense is a Class 4 felony, punishable by 1 - 3 years in prison and a maximum fine of $25,000.
Other penalties for marijuana possession that exceeds the legal limit are as follows:
- More than 100 grams to 500 grams is a Class 4 felony, punishable by 1 – 3 years in prison as well as a maximum fine of $25,000.
- More than 500 grams to 2000 grams is a Class 3 felony, punishable by 2 – 5 years in prison as well as a maximum fine of $25,000.
- More than 2000 grams to 5000 grams is a Class 2 felony, punishable by 3 - 7 years in prison as well as a maximum fine of $25,000.
- More than 5000 grams is a Class 1 felony, punishable by 4 – 15 years in prison as well as a maximum fine of $25,000.
Some of the other drug crimes Attorney Daniel Johnson is prepared to assist you with includes:
Attorney Daniel Johnson Is Here for You
- Manufacture or delivery of a controlled substance
- Possession with intent to manufacture or deliver
- Possession of drug paraphernalia
- Drug conspiracy
- Drug trafficking
If you’ve been arrested for a drug crime, Attorney Daniel Johnson is here to help you. He has handled multiple drug offense cases and will do everything in his power to ensure you receive the best possible outcome for your case. If you do find yourself in trouble and in need of a lawyer, Daniel is always available to assist. Contact Attorney Johnson at (773) 864-9281 today for a free consultation. contact us