Possession of a controlled substance, also known as “Poss Amt Con Sub Except”, is illegal in Illinois under 720 ILCS 570/402. This law makes it a felony to possess certain illegal drugs like cocaine, heroin, ecstasy, LSD, and others. The penalties under this statute depend on the type and amount of drugs, ranging from a Class C misdemeanor to a Class 1 felony.
Overview of 720 ILCS 570/402
720 ILCS 570/402 states that “it is unlawful for any person knowingly to possess a controlled or counterfeit substance or controlled substance analog” in Illinois. There are exceptions for drugs prescribed by a doctor or allowed under the Illinois Controlled Substances Act. But in general, illegally possessing drugs like cocaine, heroin, methamphetamine, LSD, ecstasy, and others is a criminal offense.The law categorizes possession based on the type and amount of the drug. For example, possession of 15-100 grams of cocaine is a Class 1 felony, while 0-15 grams is a Class 4 felony. The more serious the drug and higher the quantity, the harsher the penalty.
Penalties Under 720 ILCS 570/402
Penalties under 720 ILCS 570/402 range from a Class C misdemeanor to a Class 1 felony:
- Class C Misdemeanor: Up to 30 days in jail and/or $1,500 fine
- Class B Misdemeanor: Up to 6 months in jail and/or $1,500 fine
- Class A Misdemeanor: Up to 1 year in jail and/or $2,500 fine
- Class 4 Felony: 1-3 years in prison and/or up to $25,000 fine
- Class 3 Felony: 2-5 years in prison and/or up to $25,000 fine
- Class 2 Felony: 3-7 years in prison and/or up to $25,000 fine
- Class 1 Felony: 4-15 years in prison and/or up to $25,000 fine
In addition to jail or prison time, courts can order probation or drug treatment. Fines, fees, and restitution may also be imposed. Those convicted lose certain rights like voting, owning a gun, and professional licensing. Non-citizens may face deportation.
Common Charges Under 720 ILCS 570/402
Some of the most common drug charges in Illinois under this statute include:
- Cocaine possession – Cocaine is a Schedule II narcotic. Less than 15 grams is a Class 4 felony, 15-100 grams is a Class 1 felony, 100-400 grams is a Class X felony.
- Heroin possession – Heroin is a Schedule I opiate. Possession of less than 15 grams is a Class 4 felony. More than 15 grams is a Class 1 felony.
- Methamphetamine possession – Meth is a Schedule II stimulant. Less than 5 grams is a Class 3 felony, 5-15 grams is a Class 2 felony, 15-100 grams is a Class 1 felony.
- MDMA/Ecstasy possession – MDMA is a Schedule I hallucinogen. Less than 15 pills is a Class 4 felony, 15-200 pills is a Class 1 felony.
- LSD possession – LSD is a Schedule I hallucinogen. Possession of any amount is a Class 4 felony.
- Marijuana possession – Marijuana is a Schedule I cannabinoid. Less than 10 grams is a civil violation, 10-30 grams is a Class B misdemeanor, 30-100 grams is a Class A misdemeanor.
Defenses to 720 ILCS 570/402 Charges
There are several legal defenses that can be raised against a 720 ILCS 570/402 drug possession charge:
- Lack of knowledge – The state must prove the defendant knowingly possessed the drugs. If the drugs were left in your car or home without your knowledge, this may be a defense.
- No possession – If the drugs were not actually in your possession or control, you cannot be convicted of possession. Being in the same vicinity is not enough.
- Misidentification – The substance may have been incorrectly identified by the police lab as an illegal drug when it was really something legal.
- Entrapment – You were illegally induced or coerced by police into committing a crime you otherwise would not have.
- Illegal search – If the police performed an illegal search and seizure in violation of your 4th Amendment rights, the evidence may be suppressed.
- Medical marijuana – If you have a valid medical marijuana card, possession of permitted amounts of cannabis may be lawful.
- Involuntary intoxication – You unknowingly ingested drugs without your knowledge or consent.
- Prescription – You had a valid prescription for the drug from a licensed doctor.
Sentencing Factors Under 720 ILCS 570/402
Several factors influence sentencing if convicted under 720 ILCS 570/402:
- Your criminal history, including any prior drug offenses
- The type and amount of the illegal drug involved
- Where the offense occurred, such as near a school or park
- Whether weapons were involved
- Your role in the offense, such as a leader or organizer
- Whether minors were involved
- Whether you cooperated with police and prosecutors
- Your employment, education, health, family status and ties to the community
- Your rehabilitative potential and likelihood to re-offend
Judges have wide discretion in sentencing, taking into account all mitigating and aggravating factors. The minimum and maximum penalties provide a sentencing range. Those with no criminal past may receive probation for lower-level felonies. Repeat or serious offenders may get lengthier prison terms.
Getting Legal Help for 720 ILCS 570/402 Charges
Drug charges should always be taken seriously in Illinois. The penalties can be severe, with years in prison, large fines, and other consequences.Having an experienced criminal defense lawyer is essential when facing felony drug possession charges under 720 ILCS 570/402. An attorney can carefully examine the evidence and advise you of all possible defenses. They will negotiate aggressively with the prosecution for reduced charges or dismissal where appropriate.If charges cannot be avoided, the lawyer can develop a sentencing strategy to minimize penalties. This may involve gathering evidence of mitigating factors and presenting witnesses to show your best qualities at sentencing. In some cases, they may negotiate with prosecutors for an alternative resolution like drug court.Don’t take chances with your future. The costs of a drug conviction can follow you for life. Consult with a seasoned drug crimes attorney as soon as charges are filed against you. With an early and strategic legal defense, you can obtain the best possible outcome under the circumstances.