Delivery of a Controlled Substance: An Overview of 720 ILCS 570/401
Delivery and possession with intent to deliver controlled substances are serious drug crimes in Illinois. 720 ILCS 570/401 makes it illegal to manufacture, deliver, or possess controlled substances like cocaine, heroin, MDMA, LSD, methamphetamine, and others with intent to deliver. This statute carries steep penalties, including lengthy prison sentences for those convicted.
What is Delivery of a Controlled Substance?
Delivery of a controlled substance refers to the transfer of possession of an illegal drug from one person to another. This includes actually handing over the drugs to someone else, mailing drugs to them, or engaging in a constructive transfer where no physical exchange takes place. As long as control or possession of the substance changes from one person to another, it qualifies as delivery under Illinois law.Possession with intent to deliver applies when someone has illegal drugs in their possession along with the intent to deliver them to someone else. Even if no actual delivery takes place, the intent makes it a crime.
Controlled Substances Covered by 720 ILCS 570/401
The controlled substances covered by this statute include:
- Cocaine, heroin, morphine, LSD, peyote, methamphetamine, fentanyl, and other dangerous narcotics listed in 720 ILCS 570/401(d).
- Counterfeit substances intended to mimic illegal drugs like fentanyl.
- Controlled substance analogs which are chemically similar to scheduled narcotics.
Simply possessing these drugs for personal use is illegal. But delivering them or intending to deliver them carries much harsher penalties.
Penalties Under 720 ILCS 570/401
The penalties under this statute depend on the type and amount of drugs involved. Possession with intent to deliver the following amounts of common illegal drugs carry these penalties:
- 5-15 grams of cocaine – Class 1 felony, 4-15 years in prison
- 10-100 grams of heroin – Class X felony, 6-30 years in prison
- 10-200 doses of LSD – Class 1 felony, 4-15 years in prison
For larger amounts of controlled substances, even longer prison sentences are possible. Delivery of huge quantities of drugs can result in up to life imprisonment under Illinois law.Penalties are also enhanced for delivering controlled substances in certain areas like schools, public housing, parks, churches, and truck stops. This can increase the felony class and prison sentence if convicted.
Defenses to 720 ILCS 570/401 Charges
There are several legal defenses that can potentially beat charges under this statute:
- No intent to deliver. If the drugs were for personal use only, then there was no intent to deliver as required for a conviction.
- No actual delivery. Without evidence you actually transferred drugs to someone else, the charges may be dismissed.
- Entrapment. If police improperly induced you to commit a drug crime you otherwise wouldn’t have, this may invalidate the charges.
- Illegal search. If the drugs were discovered through an unconstitutional search, the evidence may be suppressed.
Other technical defenses like lack of possession, misidentification, or arguing the substances were not actually controlled drugs can also defeat the charges. A skilled criminal defense lawyer can evaluate the evidence and advise you on the best defense strategy.
Federal Charges for Drug Delivery
In addition to state charges under 720 ILCS 570/401, delivering controlled substances can also expose you to federal charges. This includes violations of 21 U.S. Code § 841 for drug distribution and the harsh mandatory minimum sentencing that comes with it.The threshold amounts to trigger federal charges are quite low. Distributing just 5 grams of meth, 500 grams of cocaine, 100 grams of heroin, or 1000 marijuana plants carries a minimum 5 year federal prison sentence.
Seek Legal Help for Drug Charges
Drug offenses like delivery and possession with intent should always be taken seriously. The penalties can completely devastate your life, from years or even decades behind bars to massive fines and a permanent criminal record. Never attempt to navigate these charges without an experienced criminal defense attorney on your side.