Drug possession charges in Illinois carry serious consequences that can significantly impact various aspects of your life, from your personal and professional reputation to your freedom. Understanding the gravity of these charges, the legal process involved, and the potential penalties is crucial for anyone facing such allegations.

This blog post will explore the various consequences of drug possession charges in Illinois, providing a comprehensive overview of what to expect and how you might navigate these challenging circumstances.

Understanding Drug Possession Laws in Illinois

Illinois classifies controlled substances into different “schedules” based on their potential for abuse and medical utility. These schedules range from Schedule I, which includes drugs with no accepted medical use and a high potential for abuse (such as heroin and LSD), to Schedule V, which includes drugs with a lower potential for abuse (such as certain prescription medications).

The severity of drug possession charges depends on several factors, including the type and amount of the drug, the defendant’s criminal history, and whether there were any aggravating circumstances, such as possession near a school or with intent to distribute.

Potential Legal Penalties for IL Drug Possession

The legal penalties for drug possession in Illinois vary widely depending on the type and amount of the controlled substance involved. Here is a breakdown of the potential penalties based on the drug schedule and amount:

1. Schedule I and II Drugs

Possession of these drugs, which include heroin, cocaine, methamphetamine, and certain prescription medications, often results in the most severe penalties.

For example:

• Less than 15 grams – Class four felony, punishable by one to three years in prison and fines up to $25,000.
• 15-100 grams – Class one felony, punishable by four to fifteen years in prison and fines up to $200,000 or the street value of the drugs.
• More than 100 grams – Enhanced penalties, including longer prison terms and higher fines.

1. Schedule III, IV, and V Drugs

These drugs include anabolic steroids, ketamine, and certain prescription medications. Penalties for possession are generally less severe but still significant:

• Less than 30 grams – Class four felony, punishable by one to three years in prison and fines up to $25,000.
• More than 30 grams – Class three felony, punishable by two to five years in prison and higher fines.

1. Marijuana

While Illinois has legalized recreational marijuana, possession above the legal limits can result in criminal charges:

• 30-100 grams (first offense) – Civil infraction, punishable by fines.
• More than 100 grams – Class A misdemeanor or higher, depending on the amount.

Chicago Drug Possession Charges: Collateral Consequences

Beyond the legal penalties, a drug possession conviction can have far-reaching collateral consequences that affect many areas of an individual’s life.

Firstly, drug possession convictions can severely impact employment opportunities. Many employers conduct background checks, and a criminal record can disqualify candidates from certain jobs, particularly those requiring a professional license or involving children or vulnerable populations.

Additionally, students convicted of drug possession may lose scholarships or financial aid, and some educational institutions may deny admission or expel students based on their criminal record.

Securing housing can become challenging with a drug possession conviction. Many landlords conduct background checks and may refuse to rent to individuals with a criminal record. Public housing authorities also have strict policies regarding drug-related offenses.

In some cases, a drug possession conviction can result in the suspension or revocation of driving privileges, making it difficult to commute to work or school.

Another consequence of drug possession, specifically for non-citizens convicted of drug possession, may be to face severe immigration consequences. These may include deportation or denial of citizenship.

Legal Defenses and Mitigation Strategies for IL Drug Possession

While the consequences of drug possession charges in Illinois are severe, there are several legal defenses and mitigation strategies that a skilled criminal defense lawyer can employ.

Unlawful Search and Seizure

If law enforcement searches illegally, a criminal defense lawyer can argue that the evidence obtained is inadmissible in court. This could result in the dismissal of charges.

Lack of Possession

A knowledgeable Chicago criminal defense lawyer can demonstrate that the defendant did not actually possess the drugs. This might involve proving that the drugs belonged to someone else or that the defendant was unaware of their presence, thereby providing a viable defense.

Chain of Custody Issues

Another strategy is to question the handling and storage of the evidence. A defense lawyer can scrutinize the procedures followed, and if proper protocols are not adhered to, the evidence might be excluded from the case.

Diversion Programs

Illinois offers diversion programs for first-time offenders, such as drug court or probation, which focus on rehabilitation rather than punishment. A criminal defense lawyer can help clients enroll in these programs, and successfully completing them can result in reduced or dismissed charges.

Plea Bargains

Negotiating a plea bargain with the prosecution can sometimes result in reduced charges or lighter sentences, particularly if the defendant is willing to cooperate or enter a treatment program.

Hiring an experienced criminal defense lawyer is crucial to effectively navigating these defenses and mitigation strategies. A lawyer can provide the expertise and advocacy needed to achieve the best possible outcome in a drug possession case.

About the Author:

Andrew M. Weisberg is a former felony prosecutor now serving as a defense attorney in greater Chicago. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

In understanding drug possession charges in Chicago, it’s essential to explore how the city’s legal landscape has evolved over time to shape the enforcement of drug laws. From historical policies to contemporary approaches, Chicago’s approach to drug possession offenses is influenced by various factors, including legislative changes, law enforcement practices, and societal attitudes toward drug use and addiction.

Historical Context

Like many cities across the United States, Chicago has grappled with drug-related issues for decades. In the mid-20th century, the city experienced waves of drug epidemics, including the rise of heroin and cocaine use in urban communities. During this time, law enforcement efforts focused primarily on punitive measures, with an emphasis on arresting and prosecuting individuals found in possession of illegal drugs.

The War on Drugs Era

The 1980s marked the beginning of the “War on Drugs,” a national campaign aimed at combating drug abuse and trafficking through aggressive law enforcement tactics and strict sentencing laws. Chicago, like other major cities, saw an escalation in drug-related arrests and prosecutions during this period. Mandatory minimum sentences and harsh penalties for drug offenses became the norm, leading to a surge in incarceration rates, particularly among minority and low-income communities.

Shift Towards Treatment and Rehabilitation

In recent years, there has been a growing recognition of the limitations of punitive approaches to drug offenses. Chicago, along with other jurisdictions, has increasingly emphasized treatment and rehabilitation as part of its response to drug possession charges. This shift reflects a broader understanding of addiction as a public health issue rather than solely a criminal justice matter.

Legal Framework for Drug Possession Charges

Under Illinois law, drug possession is generally classified as a misdemeanor or felony offense, depending on factors such as the type and quantity of drugs involved, prior criminal history, and whether the possession occurred near a school or other protected area. Possession of small amounts of marijuana, for example, may be decriminalized in certain circumstances, resulting in civil fines rather than criminal penalties.

Building a Strong Defense

Given the complexities of drug possession laws and the potential consequences of a conviction, it’s crucial for individuals facing charges to seek legal representation from an experienced criminal defense lawyer. A skilled attorney can assess the details of the case, challenge the legality of the search and seizure, and explore possible defenses, such as lack of knowledge or consent, entrapment, or violations of constitutional rights.

Treatment Options

When it comes to drug crimes and possession charges, Chicago’s legal landscape significantly influences the prosecution of drug possession charges in the city. While historical approaches to drug offenses have often prioritized punishment and incarceration, there is a growing recognition of the need for alternative strategies that prioritize treatment and rehabilitation. Individuals facing drug possession charges in Chicago should seek the guidance of a knowledgeable criminal defense attorney to navigate the legal process effectively and protect their rights.

In addition to legal representation, individuals charged with drug possession in Chicago may benefit from exploring treatment options as part of their defense strategy. Drug courts and diversion programs offer alternatives to traditional criminal prosecution, providing individuals with access to substance abuse treatment, counseling, and support services. By participating in these programs, defendants may be able to address underlying issues related to drug addiction while avoiding the long-term consequences of a criminal conviction.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Facing drug crime accusations can be a terrifying and life-altering experience. In our state, drug offenses are taken very seriously and can lead to severe penalties, including imprisonment, fines, and a criminal record. If you or someone you love is accused of a drug-related offense in Illinois, know your rights and the available options to mount a strong defense.

Presumption of Innocence

One of the fundamental principles of the U.S. criminal justice system is the presumption of innocence. In Illinois, individuals accused of drug crimes are considered innocent until proven guilty beyond a reasonable doubt.

This means that the burden of proof lies on the prosecution to demonstrate the accused’s guilt. In other words, you are presumed to be innocent unless and until the prosecution can prove otherwise. As the defendant, the job of your legal team is to create reasonable doubt that you are guilty of the crime in question.

Right to Legal Representation

One of the most crucial rights for those accused of drug crimes in Illinois is the right to legal representation. If you cannot afford an attorney, one will be appointed for you by the court.

Having an experienced criminal defense lawyer on your side can make a significant difference in the outcome of your case. A skilled attorney will assess the evidence, challenge the prosecution’s case, and advocate for the best possible resolution through negotiation or trial.

Search and Seizure Rights

The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures by law enforcement. This means that the police must have a valid search warrant or probable cause to search your property or person.

If the evidence against you was obtained through an illegal search, your attorney can file a motion to suppress the evidence, which could result in the dismissal of some or all charges.

Drug Diversion and Treatment Programs

In Illinois, some defendants accused of non-violent drug offenses may be eligible for drug diversion or treatment programs. These programs aim to rehabilitate offenders instead of punishing them. By successfully completing a diversion or treatment program, you may avoid a criminal conviction and its lifelong consequences.

Consulting with an attorney can help determine your eligibility for such programs and guide you through the process.

Plea Bargains and Negotiations

Prosecutors in Illinois often prefer to resolve cases through plea bargains, which allow them to secure a conviction without going to trial. Whether this is the best option for you is something that you should discuss with your lawyer as you look at the specific facts of your case.

If you do decide to opt for this route, your attorney can negotiate with the prosecution to reach a plea agreement where, generally, you will receive reduced charges or lighter sentencing, ensuring that your rights are protected throughout the process.

Building a Strong Defense

In some cases, fighting the charges at trial may be in your best interest. A strong defense strategy can include challenging the credibility of witnesses, questioning the validity of evidence, and presenting alternative explanations for the circumstances surrounding the alleged drug crime. Your attorney will thoroughly investigate the case and craft a compelling defense to present in court.

Remember, being accused of a drug crime in Illinois can be overwhelming, but knowing your rights and exploring available options can provide clarity and reassurance during this difficult time. You can remain silent and seek legal representation immediately.

An experienced criminal defense attorney can guide you through the complexities of the legal process, protect your rights, and fight for the best possible outcome for your case. Whether it’s exploring diversion programs, negotiating a plea deal, or mounting a strong defense at trial, there are paths to securing your future. Exercise your rights, seek professional legal assistance, and take steps to protect your future and reputation.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Drug offenses can have serious legal consequences, and possession of heroin is no exception. In Chicago, as in many other cities across the United States, the possession of heroin is considered a criminal offense. Those charged with heroin possession face potential jail time, hefty fines, and a stain on their criminal record. Navigating the legal challenges associated with heroin possession in Chicago requires a comprehensive understanding of the law and a strong defense strategy.

Understanding Heroin Possession Laws in Chicago

In Chicago, the possession of heroin is regulated by both state and federal laws. Under Illinois law, the possession of any amount of heroin is a felony offense. The severity of the charges and the potential penalties depend on various factors, such as the quantity of heroin involved, any aggravating circumstances, and the defendant’s criminal history. First-time offenders charged with possession of heroin may face Class 4 felony charges, which can result in up to three years of imprisonment and substantial fines. Subsequent convictions or possession of larger quantities of heroin can lead to more severe charges and increased penalties. Additionally, federal laws come into play if the offense occurs on federal property or involves crossing state lines.

Navigating the Legal Process

When facing heroin possession charges in Chicago, navigating the legal process with care and a strong defense strategy is crucial. Here are some important steps to consider:

• Seek Legal Representation: The first and most important step is to consult with an experienced criminal defense attorney who specializes in drug offenses. They will guide you through the legal process, explain your rights, and develop a strong defense strategy tailored to your circumstances.
• Evaluate the Evidence: Your attorney will thoroughly examine the evidence against you, ensuring that law enforcement follows proper procedures during the arrest and gathering of evidence. Any violations of your constitutional rights or procedural errors may be used to challenge the admissibility of evidence.
• Explore Defenses and Options: Your attorney will assess the strengths and weaknesses of your case and explore potential defenses. This may include challenging the search or seizure’s validity, questioning the evidence’s chain of custody, or presenting evidence to undermine the prosecution’s case.
• Plea Bargaining: Sometimes, your attorney may negotiate with the prosecution for a plea bargain. This could involve reducing charges, lesser penalties, or alternative sentencing options such as drug diversion programs or rehabilitation.
• Trial Defense: If a plea agreement cannot be reached or you choose to proceed to trial, your attorney will mount a strong defense, presenting evidence, cross-examining witnesses, and challenging the prosecution’s case. They will work diligently to protect your rights and achieve the best possible outcome.

The Importance of Legal Support

Possession of heroin charges can have life-altering consequences, impacting your freedom and your personal and professional life. Navigating the legal challenges alone can be overwhelming and may increase the likelihood of unfavorable outcomes. Engaging the services of a skilled criminal defense attorney is crucial to protect your rights, providing expert guidance, and fighting for the best possible resolution. Furthermore, addressing any underlying substance abuse issues is important to ensure a positive future. Your attorney can connect you with appropriate resources, such as substance abuse treatment programs or counseling services, which may be considered during sentencing or plea negotiations. Possession of heroin charges in Chicago carries severe legal consequences, including potential imprisonment and lasting effects on your criminal record. Navigating complex legal challenges requires strategic planning, a comprehensive understanding of the law, and the support of an experienced criminal defense attorney. If you or someone you know is facing heroin possession charges in Chicago, it is essential to seek immediate legal representation. A skilled attorney will work diligently to protect your rights, challenge the evidence against you, and explore all available options for a favorable outcome. The legal process can be complex, but you don’t have to face it alone. By enlisting a knowledgeable attorney’s support, you can confidently navigate the challenges ahead. They will advocate for your rights, ensure a fair legal process, and fight for the best possible resolution through negotiation, alternative sentencing options, or a strong defense at trial. Furthermore, addressing any underlying substance abuse issues is essential for your long-term well-being. Seek help from rehabilitation programs, counseling services, or support groups to overcome addiction and lay the foundation for a brighter future. Facing heroin possession charges is undoubtedly challenging, but with the right legal representation and a commitment to seeking assistance, you can navigate this difficult time and work towards rebuilding your life. There is hope, and you can move toward a better tomorrow.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

However, there are still some controlled substances the state of Illinois takes very seriously – cocaine is one of those substances. Cocaine is considered addictive, with a high potential for abuse.

If you have gotten arrested in Illinois for possession of cocaine, then it’s vital to understand what you’re up against and how an experienced attorney can help you.

The Classification of Cocaine in Illinois

Under Illinois law, cocaine is a Schedule I substance. This means it has a high potential for abuse and dependency, but doesn’t have an acceptable medical use. Other drugs, such as heroin, are also Schedule I drugs and are the most harshly penalized in the state when you are found with certain amounts in your possession.

Illinois Possession of Cocaine Penalties

If you are found guilty of possessing cocaine, the penalties you face depend heavily on the amount of cocaine in your possession at the time of your arrest.

Here is a breakdown of the amounts and the level of crime you can get charged with for each:

Less Than 15 Grams of Cocaine

A Class 4 felony, possession of 15 grams or less of cocaine can send you to prison for up to three years. You may also get fined up to $25,000.

Between 15 and 100 Grams of Cocaine

A Class 1 felony, having between 15 and 100 grams of cocaine in your possession can send you to prison for as many as 15 years. The judge may also order you to pay fines of as much as $25,000.

Between 100 and 400 Grams of Cocaine

Having between 100 and 400 grams of cocaine in your possession is also a Class 1 felony. However, it can send you to prison for up to 30 years, depending on the exact amount. You can also get fined as much as $200,000, though the judge can ask you to pay an amount equivalent to the drug’s street value.

Between 400 and 900 Grams of Cocaine

Another Class 1 felony, possessing cocaine in this amount can send you to prison for as many as 40 years. You also can be ordered to pay fines in the amount of the street value of the drug or $200,000.

900 Grams or More of Cocaine

Yet another Class 1 felony, having cocaine in this amount is the most serious. Penalties include a prison sentence up to 50 years and fines for up to either the drug’s street value or $200,000.

Defending Yourself Against Possession Charges

If you’ve been charged with possession of cocaine in Illinois, don’t give up. An experienced attorney can help you to navigate the court system and help you to formulate the best defense for your case. How you and your lawyer choose to defend your case depends on the circumstances surrounding it, but rest assured that many people have faced these types of charges and had successful outcomes.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Even in states like Illinois, where drug laws are more forgiving than in other places, being charged with possession of a controlled substance is a serious matter.

If you’ve been charged with possession of a controlled substance in Illinois, it’s vital to work with an experienced attorney who can help guide you through the details of your case. One detail that cannot be overlooked is the evidence the prosecution is attempting to convict you.

Will the evidence against you hold up in court, and is it really as bad as you may fear? Read on to learn more about how evidence is gathered and used in Illinois drug cases.

Drug Possession in Illinois

In the state of Illinois, a person can be charged with possession of a controlled substance in cases where two conditions are fulfilled:

• A controlled substance was on your person or in your domain
• In an amount that violates the Illinois Controlled Substances Act

To be convicted of this crime in court, the prosecution must show that the elements of drug possession were true beyond a reasonable doubt. These elements are:

• The substance was possessed knowingly
• The substance was, in fact, a controlled substance
• The substance was under the control of the accused, either actually or constructively

If you have any amount of a controlled substance in your possession, that can be enough to secure a conviction. However, the seriousness of the charges and the related penalties will depend on the substance in question and the quantity in your possession.

Drug Possession Laws in Illinois

Under the Illinois Controlled Substances Act, substances are divided into schedules, which are noted in Schedule I through Schedule V.

Drugs on Schedule I have no accepted medical use and a high probability for abuse, such as hallucinogens and some opiates. Schedule II drugs include methamphetamines, oxycodone, and codeine. Schedule III covers substances such as ketamine, certain steroids, and buprenorphine. Schedule IV is comprised of substances such as tramadol, alprazolam, and diazepam. Finally, Schedule V is made up of substances with a very small amount of narcotics, such as prescription cough syrup.

Substances on the first schedule will be punished more severely than those on Schedule V. The amount you also possess factors in. Often, the amount of the substance in your possession and the type of substance are the key pieces of evidence used against you in a drug possession case.

What Other Evidence Can Be Used Against You?

In a drug possession case, aside from the substance of which you were found in possession, there are other pieces of evidence that can be used to support the prosecution’s case.

They also must show that you knew the drugs were there and that you had some kind of control over them, meaning that: if they were not on you physically, they were found in a place that you had control over, such as your car or a safe for which only you know the combination. Drug paraphernalia is another piece of evidence that can support your possession of the substance.

How to Fight Back

Don’t assume that the case against you is simply open and shut. Instead, work with your attorney to help find holes in the prosecution’s case. A few of the common ways to defend against drug possession charges include:

Challenging the Search

It is quite possible that the initial search that revealed your possession of drugs happened unlawfully. Under the Constitution’s Fourth Amendment, you are protected from illegal search and seizure by law enforcement.

While drugs that are in plain view of law enforcement may be used as evidence to search you and your property more thoroughly, concealed drugs that are discovered without your permission to search or a warrant can be called into question. It may be possible to have this evidence thrown out if an illegal search and seizure occurred, which can make the case against you fall apart.

Ownership

If the substances in question didn’t belong to you, or you didn’t know they were in your custody, then a conviction may not be possible. Remember, one of the elements of drug possession is that you knowingly possessed the drugs. If you did not know they were there, then the prosecution may not be able to establish that you ever actually had legal possession of them.

If you’ve been arrested for drug possession in Illinois, you need an experienced attorney to help.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Most people in Illinois know that marijuana is legal in the state, both medicinally and recreationally. However, there are some products that seem to live in a gray area of legality in many places – products like Delta 8.

Delta 8 is a derivative of hemp. It is also legal in Illinois. Still, there are some important things to understand about the legality of this substance. Read on to find out more about Delta 8 in Illinois.

What Is Delta 8?

Delta 8 is a chemical compound found naturally in hemp and marijuana. The chemical structure of Delta 8 is very similar to that found in marijuana. It contains THC just like its cousin Delta 9, the main compound found in marijuana that produces the euphoric feeling of being “high.”

Delta 8 is not as strong as Delta 9, which is why many people want access to it. You may hear it referred to as “diet weed” or “weed lite” for this reason. It typically has fewer of the less desired side effects of marijuana, such as anxiety, drowsiness, and paranoia.

In states where marijuana is not legal, Delta 8 is quite popular as an alternative to marijuana. However, there are important reasons for maintaining its regulation by state governments, including those in states like Illinois, where marijuana is legal.

Because it is derived from hemp and has naturally lower THC levels, this has allowed people to take advantage of legal loopholes to produce products containing it. These products may not be safe since their production isn’t regulated. This is why Illinois stepped in to make the products safer.

The Farm Bill

In 2018, the Farm Bill legalized hemp and its derivatives through the federal government. Legal cannabis products have less than 0.3 percent of THC in them. Even with the Farm Bill, each state can choose whether or not to pass laws that recategorize substances like hemp.

While these laws can change anytime, Illinois currently allows the main ingredient in these products, HHC. But the Illinois Department of Agriculture has stated that hemp and any hemp derivatives cannot be used to make intoxicating substances such as HHC or Delta 8.

The Problem with Delta 8 in Illinois

So why did the Department of Agriculture in the state restrict products like Delta 8? It’s important to understand that Delta 8 and hemp-derived products are still legal in the state. However, to combat these products’ lack of health and safety testing, they created rules about who can make and sell them.

In Illinois, online sales of Delta 8 are restricted. The only places that can legally sell these products are registered dispensaries. They cannot be combined with other intoxicating compounds.

Living in Illinois affords citizens many options that other states don’t provide, such as access to safe, regulated marijuana products – and now hemp derivatives like Delta 8. You should only buy this product from reputable dispensaries that have taken the time to produce a quality product for you to enjoy.

If you are found purchasing it illegally, then you may be in legal trouble as a result. That’s when it’s important to contact an experienced attorney to help you navigate the charges against you and avoid a criminal record that can impact your life.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Illinois may have made marijuana legal, but rest assured there are still plenty of ways to find yourself being read your rights in relation to drugs in the state.

Here’s what you need to know about current Illinois drug laws and what you should do if you are arrested under the suspicion that you’ve violated drug laws in the state.

Drug Possession in Illinois

The crime most people are charged with in relation to drugs is drug possession. Illinois has a Controlled Substance Act that criminalizes knowingly possessing, delivering, or manufacturing controlled substances.

Drug possession crimes in Illinois are divided into felonies and misdemeanors. Drug felonies have five separate classes which are:

• Class X
• Class 1
• Class 2
• Class 3
• Class 4

Drug possession cannot be a Class X felony, but it can be a Class 1 or higher.

Misdemeanors are divided into three separate classes. They are:

• Class A
• Class B
• Class C

For felonies, you can serve as little as four years or all the way up to 50. The type of controlled substance in your possession and amount have an impact on your sentencing if found guilty. For misdemeanors, you can spend anywhere from 30 days to two years behind bars. Again, it depends on the type and amount of the controlled substance in your possession at the time of the arrest.

What To Do If You’re Arrested

There are certain factors you should try to keep in mind if you are placed under arrest and suspected of drug possession. This is a basic rundown of what you need to remember:

Don’t Resist

It is in your best interest to never resist the police when you’re placed under arrest. This will only cause more legal problems for you down the road.

When you are arrested, remember to stay calm. Try not to get too emotional or excited. Instead, simply breathe deeply. Any outburst, even one that isn’t out of anger, can shock the cops and cause them to react in a way that could hurt you – and perhaps even end in additional charges.

Also, don’t attempt to threaten or bribe the police. It won’t work and can cause even more trouble.

Don’t Say Anything

Remember, any words you say can be used against you. So, except for identifying information such as your name, you should otherwise refrain from making any comments to the police, no matter what they say. If the police ask you questions, tell them you don’t want to talk until your attorney is present.

This also applies to writing. Never write down anything related to your case. If you are asked to sign a document, don’t sign it. Wait until your lawyer can look it over for you.

It will be to your benefit to politely decline the police’s request to answer questions. If you get on their bad side for being rude, that can make things more difficult for you.

Call an Attorney

You’re not alone in this. You need to call an attorney as soon as you get to the police station. If you don’t already have a lawyer, call a friend or family member who can find one for you.

Request Bail at Your Court Hearing

When you go before the judge for your first hearing, make sure to request bail. You don’t want to sit in jail throughout your court case, after all, so this is an important way to advocate for yourself. If your bail request is denied, then make sure to speak with your lawyer.

Learn About Your Charges

You cannot be kept in jail unless you are charged with a crime, so make sure to pay attention at the first court hearing as they read the charges that have been filed against you. This is also the time when you enter a plea.

Your lawyer can help to guide you through this and help you to understand if you’re being charged with a felony or misdemeanor. Remember, felonies are much more severe than misdemeanors. Whichever charge you are given, understand fully what the charge is and why it was given.

Always work with your attorney for the best outcome in your case. Be honest with them about what happened so they can try to help you create the best defense possible on your behalf.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Illinois is one of the states that has legalized marijuana, both recreationally and medicinally. While this makes many Illinois residents happy, it’s important to realize that this legalization isn’t a free pass. You can’t do anything you want with marijuana anywhere you please just because you’re over 21.

In fact, there are some really strict rules about marijuana in the state, including how to transport it. If you’re caught violating these rules, then you can face criminal penalties – even though marijuana is legal. Here’s what you need to know about how to safely and legally transport marijuana in the state.

How to Transport Marijuana in Illinois

Under Illinois law, those who are of legal age can transport marijuana within the state. However, the marijuana must be kept in a sealed, child-proof container that isn’t accessible to the driver as the car is moving. The best practice is to place the purchased marijuana in the rear of the vehicle and not open the container while you are in the car.

It is illegal in the state to consume marijuana in a car. This goes for both the driver and any passengers. It is also illegal to operate a vehicle under the influence of marijuana. If you are caught driving under the influence, it can count as a drugged driving charge under Illinois law, which has similar penalties as driving under the influence of alcohol.

Keep in mind that a car isn’t the only place you cannot consume marijuana according to state law. You also cannot operate an aircraft, boat, or any other type of motorized vehicle while under the influence. Illinois has a legal THC limit in the blood, which is five nanograms per milliliter. If you test above this, you can face criminal charges.

How Much Can You Legally Transport?

If you are a citizen of Illinois, you are allowed to possess the following amounts of marijuana as long as you are over 21 years of age:

• Five grams of cannabis concentrate
• As many as 500 milligrams of products infused with THC
• 30 grams of cannabis flower

If you are not a resident of Illinois, you are allowed to hold half of those amounts in the state.

Penalties for Transporting Marijuana

As mentioned, you can face DUI penalties if you are caught smoking marijuana in a vehicle or are found under the influence of marijuana while operating a vehicle. These depend on the number of your previous DUI charges. You can face penalties from a few months in jail all the way up to a few years, as well as steep fines and revocation of your driver’s license.

However, there are also penalties for transporting marijuana illegally. Illegal transportation is a Class A misdemeanor, and it can send you to jail for up to one year. You may also be required to pay fines for as much as $2,500. And you may be compelled to have an assessment done by the court. One piece of good news: there is currently no driver’s license suspension associated with this crime.

Remember, marijuana may be legal but there are still limits on what the law allows. As long as you are following the rules and transporting marijuana legally, then you should be just fine.

However, if you break the rules and get caught, you could face some serious penalties that will go on your permanent criminal record. This could impact your life for years to come.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Here are some of the most enduring misconceptions about drug crimes in Illinois, as well as the truth behind them so you have a better understanding of what it means to commit a drug crime.

Myth No. 1: Drug Charges are Now Misdemeanors in Illinois

While marijuana has been legalized for both medical and recreational purposes, there are still limits to how much marijuana one can possess in our state.

Anyone over 21 in Illinois is allowed to have up to 30 grams of marijuana. However, if you are found in possession of between 30 and 100 grams, then you will be charged with a misdemeanor. Possession over 100 grams is a felony, as is the possession of other controlled substances in Illinois.

In fact, if you are found in possession of controlled substances in the state, then you are going to be charged with a felony. Controlled substances such as methamphetamines, cocaine, heroin, and hallucinogens are illegal to possess and will result in felony charges. The level of felony depends on how much of the controlled substance is in your possession.

Myth No. 2: If You Ask an Undercover Officer If They’re Police, They Cannot Lie

A lot of drug crimes are caught through police surveillance and often involve officers going undercover to bust someone for drugs. There is an idea that’s been around for a long time that if you ask a policeman working uncover if they are the police, they have to tell you the truth.

That’s simply not true.

Undercover officers are under no obligation to tell someone who asks if they are indeed working undercover. If they were, then uncover operations likely wouldn’t be that successful.

Myth No. 3: If It’s Your First Drug Offense, You Won’t Go to Jail

Many would like to believe that if you have no prior criminal history, you’ll be let off the hook for more serious penalties, but that’s not true. Illinois has mandatory minimum sentences for many crimes, including drug crimes.

And while some jurisdictions have treatment courts where you are offered drug treatment in lieu of prison, most will be prosecuted to the greatest extent they can and given a sentence the judge has no choice but to mandate.

For example, in drug crime cases involving drug trafficking, Illinois courts have mandatory minimum sentencing they must impose.

Myth No. 4: You Can Just Have a Drug Crime Expunged From Your Record Later

While there are some crimes that can be expunged, drug crimes typically are not one of them. The exception is any crime involving possession of 30 grams or less of marijuana — as long as it didn’t involve giving marijuana to a child under the age of 18 and it wasn’t a part of a conviction for a violent crime.

If you think you don’t have to worry about drug charges against you because you can simply have them taken off your record later, you need to rethink that position. That’s why hiring an experienced attorney to help you with your case is the best option. After all, if you’re found not guilty, then the charge can be expunged from your record.

Myth No. 5: If Drugs Are Found On You By Police, You’re Guilty

Many people think that if they’re busted with drugs, that’s the end of the story and the conclusion to their case has already been decided – but that’s simply not true.

An experienced attorney can help to build a robust defense on your behalf and defend you against drug charges. They’ll also ensure that your rights in the situation are upheld and that your trial is as fair to you as possible, including that specific rules have been followed by police in their investigation at every turn. One wrong move by police can help to set you free.

Bottom line? Drug crimes can be complex, and charges are confusing. That’s why it’s vital to understand at every point the charges you are facing and your rights as the accused in the situation. Of course, the first step to any of that is the ability to separate fact from fiction when it comes to drug crimes in Illinois.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

The War on Drugs is constantly changing, so it can be a challenge to keep up with all the details surrounding drug laws in Illinois. This stands particularly now that marijuana is legal – especially regarding how that’s in direct contradiction to federal law. Federally, marijuana is still illegal.

If you’re facing drug crime charges in Illinois, it’s vital to understand the case against you. Here is a rundown of the drugs that are illegal to possess in Illinois and the penalties associated with them.

The Illinois Controlled Substances Act

Illinois has a law referred to as the Controlled Substances Act. This law criminalizes, among many things, the possession of certain controlled substances or controlled substance analogs – a substance that has the same chemical structure of effect as a controlled substance.

In Illinois, if you are caught in possession of an illegal controlled substance or analog, you can be charged solely with that possession. You can also be charged with possession and the intent to deliver or manufacture it, which carries harsher penalties.

What Drugs Are Illegal to Possess in Illinois?

Several drugs are illegal to possess in Illinois, including:

Cocaine

Possession of cocaine is a Class 1 felony. It is punishable by fines of as much as $200,000 and a prison sentence that depends upon the amount found in your possession. F

or between 15 and 99 grams you can serve up to 15 years in prison, but it goes all the way up to 50 years in prison if you are found in possession of 900 grams or more.

Heroin

This Class 1 felony is punished the same way as cocaine possession and includes the same fines and prison sentences for the amount you possessed at the time of arrest.

Morphine

Another Class 1 felony with the same punishment structure as cocaine and heroin possession.

Peyote

If you are found in possession of 200 grams or more of peyote, then it’s a Class 1 felony, punishable by as many as 15 years in prison and fines of $25,000.

Barbituric Acid or Salts

Another Class 1 felony, possession of this substance is punished in the same way as peyote possession.

Amphetamine

A Class 1 felony with the same sentence structure as peyote possession.

LSD

A class 1 felony that can be punished by as much as $200,000 in fines and prison time, it’s dependent upon how much of the drug is found in your possession. Up to 99 grams of LSD can put you behind bars for as many as 15 years while more than 900 grams can having you serving up to 50 years.

Ketamine, Methaqualone, Pentazocine, or Phencyclidine

If you possess 30 grams or more of any of these substances, then it is a Class 1 felony. It can be punished by as many as 15 years in prison and fines of $25,000.

Anabolic Steroids

Possession of this is a Class C misdemeanor that can be punished by as much as 30 days in jail and fines of $1,500.

Now that marijuana is legal for those over 21 in Illinois, it’s the hope that drug crimes can occur less often, especially when it comes to possession. But it’s important to remember that possessing other drugs is very much still illegal in the state. Being caught with them can have significant consequences on your life going forward.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

As of the beginning of 2020, it is legal to sell and buy cannabis in Illinois. The state has followed in the path of California and Colorado and made it legal to produce and sell cannabis for medical and recreational consumption in limited quantities.

While many people find this exciting, some are taking it a little too far. For example, a pair of men in Bureau County was recently arrested for possessing more than 600 pounds of cannabis.

Personal possession of cannabis is legal, yes. However, there are still limits regarding how much you can legally possess at a given time.

The Distinction Between Personal Possession and Distribution

The place where these two men went wrong was in scale. Illinois allows both individuals and retailers to have cannabis on hand, but the amount permitted is quite different.

Retailer Licensing

Retailers are permitted to have as much cannabis as they can purchase from a cannabis grower, but they must have one of only 75 available dispensary licenses in the state. This means that there are very few businesses in Illinois that have free reign to possess cannabis.

While more licenses are being granted over time, the two men who were arrested did not possess any such license.

Private Consumption

Meanwhile, private individuals have significantly lower limits on the amount of cannabis they can own. Specifically, Illinoisans are not allowed to possess more than just 30 grams (a little more than one ounce) of cannabis at a time. People from out of state are only allowed to have half that (15 grams of cannabis) at a time!

A quick calculation and you realize the two men were arrested for allegedly possessing 4,800 times more cannabis each than is legally allowed for personal possession.

Current Illinois Cannabis Laws: Still Stricter Than You Think

Just because cannabis is legal doesn’t mean it’s impossible to go to prison for possession. In fact, felony charges for relatively small amounts of cannabis are well within the realm of possibility.

For example, an offender’s first offense of possessions between 30 and 100 grams (1-3.5 ounces) of cannabis is a misdemeanor that carries the potential for a year in prison and up to $2,500 in fines.

Any subsequent offense automatically becomes a felony charge. Non-Illinois residents face the same penalties at just half those amounts. Possessing more than 5,000 grams – about 11 pounds – is a felony offense that can lead to 15 years in prison and $25,000 in fines.

Furthermore, if you are charged with the sale or trafficking of cannabis without a license, anything more than 10 grams is a felony charge. Trafficking or selling is essentially providing cannabis for another party’s use without a license.

Trafficking charges can be pressed for as little as 2.5 grams, with penalties including up to 6 months in prison and $1,500 in fines.

On the other end of the scale, trafficking more than 5,000 grams of cannabis without a license is a felony. It carries a 6-year mandatory minimum sentence, with the potential for 30 years in prison and $200,000 in fines.

Cannabis is legal in Illinois, but it’s still heavily regulated. It’s easier than you’d think to accidentally break one of these laws.

If you have been charged with a cannabis violation in Illinois, don’t hesitate to reach out to a qualified cannabis attorney. They can help you navigate the court system and understand your options.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Many have argued that the use of marijuana is a relatively harmless act and that criminalizing it is a waste of law-enforcement resources. On the other hand, even a small possession charge held severe consequences in most states. That is, until relatively recently.

Now, more and more states are beginning to review their current drug legislation and adjust policies so that they reflect modern attitudes. Illinois is one of them.

A Brief History of Illinois Marijuana Laws

Violations of previous Illinois marijuana laws involving as little as 2.5 grams or less could land offenders in jail for a month. Still, the state of Illinois has proven an early advocate for reducing over-harsh penalties.

In 2014, Illinois proposed 3 bills that would greatly change the way the state dealt with cannabis. Then, a law was passed in 2016 that made possession of fewer than 10 grams of weed punishable by a small fine, not jail time.

While possession of marijuana in larger quantities still carries consequences, some quite severe, based on the amount and circumstances surrounding the charge, we may see another change, come 2020.

An In-Depth Look at Legalized Marijuana in Illinois for 2020

The Governor of Illinois signed the legalization of recreational marijuana into law on June 25th, 2019. It will be enacted beginning January 1st, 2020.

Remember! Between now and January 1st, marijuana is still illegal. Current laws and policies are still in place until the end of 2019. In the meantime, learn how marijuana will be handled once the new policy goes into effect…

Who Will Be Able to Purchase Illinois Marijuana

Adults aged 21 and over will be able to purchase and possess the following:

• Up to 30 grams (about one ounce) of marijuana flower (dried plant material)
• Edibles totaling no more than 500mg of THC
• Up to 5 grams of cannabis concentrate products

Non-residents will only be able to purchase half of these amounts.

Taxing Recreational Weed

Recreational marijuana will be taxed at different rates in the state of Illinois based on THC levels. These tax rates are as follows:

• Marijuana and cannabis-infused products with a THC level that is less than 35% will be taxed at 10% of purchase price
• Cannabis-infused products with a THC level that is more than 35% will be taxed at 20% of purchase price
• Marijuana with a THC level that is more than 35% will be taxed at 25% of the purchase price

Smoking Cannabis in 2020

For now, the recreational use of Marijuana is prohibited in public spaces. Consumption is only legal in private residences. So if you are caught smoking in public, you may face charges.

New ways of thinking are typically accepted one step at a time, and the legalization of marijuana is no different. We can tell you that local jurisdictions can decide if they will allow people to smoke inside local dispensaries.

In the meantime, don’t risk getting into trouble. Limit your cannabis use to private homes.

What to Know About Growing and Selling

For those hopeful horticulturalists among you, be clear: Only medical marijuana users are currently allowed to grow plants at home legally right now. Even they are limited to a maximum of 5 plants.

Medical marijuana cultivators and dispensaries will be able to start selling to adults on January 1st, 2020 until new licenses are approved.

If you are not a licensed cultivator or dispensary and do not have the proper documentation to grow for medical consumption, again, understand your limits and enjoy the new legislation within the bounds of the law.

Managing Previous Possession Charges

Lastly, under the new policy, individuals with previous possession charges under 30 grams will have the ability to refer their records to the Prisoner Review Board for pardon. If your pardon is granted, the Illinois attorney general will take action to expunge those records.

For those persons convicted of possession of more than 30 grams, there is also home. Local state attorneys have the right to pursue these types of expungements on a case by case basis.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Whether you are a police officer, a criminal defense lawyer, or someone who is facing violent crime charges, we can all agree: America has a prison problem.

How big is the problem? While our country has just under 5% of the world’s population, we account for 22% of the world’s prison population.

Why?

In recent years, a lot of fingers have pointed at The War on Drugs and federal drug crime laws. After all, half of the people in federal prisons are behind bars for drug crimes, and this argument was made quite effectively in the 2010 book The New Jim Crow: Mass Incarceration in the Age of Colorblindness.

In recent months, however, another book has made the rounds. Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform offers a different argument. While author John Pfaff says that federal drug laws are a part of the problem, he offers evidence showing that it is not the main one, and that there is much more work to be done in order to reduce the prison population and overall crime rates.

Both books are worth a read, but the latter offers some interesting (and sometimes uncomfortable) insights on what contributes to high prison populations throughout the United States. Specifically, Locked In makes the argument that violent crimes, local and state prisons, and prosecutors pay a far more prevalent role in prison populations than The New Jim Crow states.

Why Illinois Law Enforcement Is an Important Piece of the Puzzle

It’s important to remember that the criminal justice system plays out on several levels, including state and federal levels. Pfaff argues that while reforms have been focusing on how to fix mass incarceration at the federal level, state and local reforms are more crucial to decreasing the overall prison population.

After all, 87% of the prison population is in the state systems. Moreover, while drug crime offenders make up half of the federal prison population, the rate is much lower in state and local prisons. The highest percentage of convicts – by far – are there for violent crimes. This is a huge distinction to make when people are considering how to move forward with criminal justice reforms.

In 2017, Illinois passed a law decreasing sentences for nonviolent offenders while increasing sentences for violent offenders. One of the arguments for this bill is that long sentences for nonviolent offenders take up the space that “should” be given to violent offenders who committed more serious crimes.

This, however, merely shifts the group that is arguably being over-penalized, and would seem to do little to help reduce the prison population.

The Role of Prosecutors and Plea Deals in Illinois and Beyond

Whether you are reading The New Jim Crow or Locked In, you will see one glaring statistic: over 90% of all convictions are determined through plea deals. Prosecutors offer plea deals to defendants who claim to be innocent, but face long, threatening sentences if found guilty.

The prosecutor will offer to lower the sentence (and remove the prospect of a long, grueling court case) in exchange for a guilty plea. This can be tempting for many violent offenders, especially if the evidence appears to be stacked against them or they put their trust in a public defender who is swamped with other cases.

Bottom line? Prosecutors play a crucial role in incarceration. They choose when to press criminal charges and they choose what charges to press (felony vs. misdemeanor, etc.).

If a prosecutor wants to overlook a certain type of drug crime entirely, they can.

Take prosecutors who refuse to prosecute people who are caught with small amounts of marijuana. Larry Krasner made this move after he became the District Attorney of Philadelphia. In an instant, charges were dropped from 293 cases.

Despite this, prosecutors are rarely the focus of criminal justice reform. Even if the number of arrests for nonviolent or violent crimes goes down, prosecutors can ramp up the number of charges that they press – and continue to put more people behind bars.

What Does This Mean for Defendants in Illinois?

When you are charged with a crime, you are going up against a very powerful figure. Prosecutors have the ability to negotiate your sentence, drop charges, or tack on additional charges – with few limitations. If they decide to move forward with charges related to violent crimes, you might be facing immense pressure to plea and reduce your potential sentence. A sentence that was probably too high to begin with.

Whether you are facing charges for violent crimes or drug crimes, you have the right to an attorney. Unfortunately, public defenders across the country are overworked and overwhelmed, which only increases the likelihood that cases will end in plea deals that aren’t good for the defendant. (In Locked In, Pfaff mentions that a journalist once saw a public defender run through 48 plea deals in a single courtroom. Do you think any of those defendants got a truly “fair trial?”)

To fight back effectively, it’s important to build an aggressive defense with the help of a skilled Chicago defense lawyer that has the time and means to focus on your case. You deserve more than to be one of 48 people waiting their turn to be sentenced to prison without a fair defense.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

If you’ve ever been required to take a drug test, you know what a nerve-racking experience it can be – even if you haven’t been taking illicit drugs and shouldn’t have anything to worry about.

You may be concerned about the potential consequences should you fail a drug test. After all, this could be considered evidence that you have been using an illicit substance, right? Isn’t that a crime?

Fortunately, in most cases you will not face criminal consequences for a failed drug test, although you may face consequences with your employer, and potentially be reported to regulatory agencies.

There is one big exception to this, however. If you are on probation or parole, you can incur legal consequences for failing a drug test.

Generally speaking, the civil and legal consequences for failing a drug test depend on the circumstances under which it was administered. Below, we review the consequences you could face for failing a drug test in several common contexts.

Pre-Employment Drug Testing

One of the most common reasons for drug testing is pre-employment screening. Nearly all government and public jobs require a pre-employment drug test, and private employers often receive state and federal incentives for pre-employment screenings, along with financial breaks from insurance companies.

Although individual companies are free to set their own guidelines regarding drug testing and reporting, most follow the guidelines of the Substance Abuse and Mental Health Services Administration in order to avoid lawsuits.

Under these guidelines, should you fail a pre-employment drug test, the result will likely not go any further than the company’s HR department. Although you will most likely be denied employment, this is unlikely to show up on a background check, and even more unlikely to results in criminal consequences.

Ongoing Employer-Required Drug Testing

When you are currently employed and fail a drug test, the consequences depend on a number of factors. The reason for the test, your occupation within the company, and the length of time you’ve been employed may all affect the outcome.

In most cases, you will be terminated for failing a drug test, although some employers may allow a second test after a period of time, or provide counseling services for assistance with addiction, usually requiring your participation in such programs to stay employed.

In most cases, a failed drug test with a current employer will go no further than the company. However, some employers may be required to report the results of your drug test to an outside agency such as the unemployment office. Although this has no legal repercussions, it could affect your eligibility for unemployment.

Further, if your next employer runs a very thorough pre-employment background check, it’s possible that this process will reveal that you previously failed an employer’s drug test.

Probation Drug Testing

Mandatory continued drug testing is a condition of most parole, probation, and drug court programs. Failing a drug test in this situation could lead to legal repercussions, and it may also have a negative impact on sentencing for the original offense.

Below, we describe the consequences you could face for failing a drug test on probation. However, all cases are at the discretion of the parole officer, and it’s possible that you could face criminal consequences even for your first failed test.

Warning

Depending on the nature of offense that you are on probation for, you may receive a warning for your first failed drug test. However, if you are caught committing a drug crime, you may be sent to prison immediately.

Generally, once you have been issued a warning while on probation, you should absolutely refrain from all other drug use, as you will likely face legal consequences for an additional failed test.

Community Service and Rehabilitation

In some cases, a probation officer will issue community service after the first warning. This is an attempt to rehabilitate the person rather than imposing severe criminal consequences.

However, if this does not help with the defendant’s substance abuse issues or the parole officer believes another program is warranted, the defendant may be sent to a rehabilitation center. Refusing to attend rehabilitation or leaving before completing the program will result in jail time.

Counseling Services

In some cases, the defendant may be ordered to attend counseling, especially if the officer discovers an underlying mental or emotional issue. The idea behind this is that counseling can help identify the root cause of the defendant’s substance abuse problems.

Jail or Fines

In some cases, the probation officer may send the defendant back to jail or impose criminal fines. This is likely in the event of multiple failed drug test, or if the defendant is caught committing a drug crime in addition to the failed test(s). However, this is possible for even the first failed drug test.

In some cases, you could be imprisoned in the county jail. Generally, this is only for a few days or weeks. However, if you were participating in a criminal diversion program, you may be forced to serve out the duration of your sentence in prison.

The bottom line is that failing a drug test while on probation is quite serious. However, consulting with a lawyer in this situation may help you avoid additional charges or increased sentencing.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

St. Patrick’s Day is a great day to party in Chicago. There are many city celebrations with lots of ways for you to have fun.

The spirit of the Irish will be present in the green waters of the Chicago River. It will also show up in the Irish dancers and bagpipers in several parades and festivals. You’ll see it in the Irish food in many restaurants and pubs.

That’s because Chicago has a high concentration of residents with Irish heritage, along with many others who enjoy partying on St. Paddy’s Day. However, it’s important to remember that letting loose with drugs on St. Paddy’s Day can lead to you getting busted on drug charges. If you find yourself facing a possession charge, here’s what you need to know.

How Illinois Drug Possession Laws Work

Under the Illinois Controlled Substances Act, drug possession is punishable based on the amount and type of drug in question. Possession, manufacture, and delivery of controlled substances are all considered criminal activity. You can face charges of mere possession or charges of possession with an intent to manufacture or deliver.

For a conviction to occur, the prosecution must present evidence that shows the substance is indeed unlawful, that the defendant knew about the possession, and that the substance was in his or her control. These three elements must all be proven for charges to hold.

Penalties are given according to these examples:

Heroin, Cocaine, LSD or Morphine

Class 1 felony possession punishable with up to a $200,000 fine and four to 50 years in prison, depending on the amount of the drug

Amphetamine, Barbituric Acid, or Salts of 200 grams or more

Class 1 felony possession punishable with up to a $25,000 fine and four to 15 years in prison

Pentazocine, Methaqualone, Phencyclidine and Ketamine of 30 grams or more

Class 1 felony possession punishable with up to a $25,000 fine and four to 15 years in prison

These are only a few examples of drugs and their punishments. Consult with a Chicago drug crimes lawyer for details on your specific case.

Defenses to Illinois Drug Possession Charges

When you hire a skilled Chicago drug crimes attorney, he or she will be able to look at the facts of your case and determine the best possible defense. Here are some of the most common defenses used in drug possession cases.

• Lack of knowledge—You did not know the drugs were in your possession
• Mistake of fact—Substance in question is not an unlawful controlled substance
• Not enough evidence—There were not enough drugs in your possession to warrant the charges

• Prescription medicine—You had the drugs under doctor’s orders
• Duress—You were forced to possess the drug under threat of harm to you or someone you know
• Entrapment—Someone planted the drugs on you with the intent of your arrest

Seek Legal Counsel for Drug Possession Charges

It’s important to contact our office as soon as charges are filed against you, so that we can begin building a solid defense right away.

Drug possession offenses have extremely serious consequences, especially if you are facing felony charges. Call today for a free consultation. We will work hard to get your drug possession charges reduced or dropped.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

People who are arrested on certain drug possession charges in Chicago now have two choices: treatment or sentencing. This year, police will be expanding a diversion program for low-level offenders to the whole city of Chicago based on success on the city’s West Side.

What happened there?

In 2016, Chicago police instituted a diversion program on the West Side to curb the high death rate from fentanyl and heroin overdoses. One report indicated that over 18,000 West Side residents were sent to the hospital for heroin overdoses.

Police hope that the expanded diversion program will reduce repeat drug arrests and get addicts the treatment they need.

What the Program Is

The pilot program dealt with 41 buyers and 46 sellers of mostly heroin. Of those groups, over 90 percent accepted the treatment option. Only two of the buyers were arrested again, and around half of the sellers were rearrested. However, dealers were more likely to enter treatment and stick with it than the buyers.

Both buyers and dealers are eligible for the program as long as they don’t have violent histories. If you are eligible for a diversion program, it’s worth considering so you can avoid the stiff penalties associated with a possession conviction under the Illinois Controlled Substances Act.

How Penalties for Illinois Drug Possession are Decided

The law bases penalties on five different schedules of drugs, as outlined below.

Schedule I drugs have high abuse potential. They are considered unsafe to use in medical treatment and are void of medical use, even if administered by a medical professional. Examples include opiates like heroin, derivatives of opiates, and hallucinogenic substances.

Schedule II drugs also have high abuse potential. They are considered acceptable for use in medical treatment. If these drugs are abused, they present a severe risk for physical and psychological dependence. Examples include opium and coca leaves.

Schedule III drugs have a moderate abuse potential. They are considered acceptable for use in medical treatment. If these drugs are abused, they present a low to medium risk for physical dependence and a high risk for psychological dependence. Some steroids are Schedule III drugs.

Schedule IV drugs have a moderate abuse potential. They are considered acceptable for use in medical treatment. If these drugs are abused, they present a low to medium risk for physical or psychological dependence. Diazepam is an example of a Schedule IV drug.

Schedule V drugs have a low abuse potential. They are considered acceptable for use in medical treatment. If these drugs are abused, they present a low risk for physical or psychological dependence. Schedule V drugs have low amounts of narcotics, including some cough syrups.

How Severe Drug Possession Penalties Can Be

If you are arrested on Chicago’s West Side for possession of 15 grams of heroin, you will face a Class 1 felony charge, since heroin is a Schedule I drug, which is considered most dangerous. That means the possibility of between 4 and 15 years in prison and a fine of up to $200,000 if convicted. As you can see, a diversion program is an excellent alternative to these types of consequences.

Since a drug possession conviction can result in serious consequences, it’s important to contact an attorney as soon as charges are filed against you. An experienced attorney can research what options are available to you, including diversion programs or other defenses that may reduce your penalties and focus on recovery rather than punishment. Contact us today for your free, confidential case review by a skilled Chicago criminal defense lawyer.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Less than a year after Governor Rauner decriminalized small amounts of marijuana, Illinois lawmakers are looking to make recreational marijuana legal throughout the state.

The measure follows the trend throughout the country (except at the federal level) to loosen laws on the drug. Previously, small amounts of marijuana would be considered a class B misdemeanor, and threaten up to six months behind bars. Now, offenders with up to 10 grams will only face a citation.

If proposals to legalize marijuana pass, users will face no consequences for possession of the drug. However, even if this happens, it will likely have little effect on the charges and penalties for other types of drug crimes throughout the state.

Penalties for Possession Charges Depend on Weight, Type of Drug

The charges and penalties for controlled substances crimes heavily depend on the amount of drugs found by law enforcement officers. A certain weight of drugs could mean the difference between possession and intent to distribute charges – something that hugely impacts the penalties that are placed on those convicted. Of course, different drugs hold different weights, and come in different sizes, so there is no cookie-cutter amount for all controlled substances.

Below is a guide to some of the more common drugs, and the amounts that qualify for possession charges in Illinois:

Marijuana: Possession starts at 10 grams and is considered a misdemeanor offense. Possession of over 30 grams (first-time offender) or 10 grams (subsequent offender) is a felony offense.

Cocaine, Heroin, Morphine, Methamphetamine, LSD: Any amount of these drugs is charged as possession. Under 15 grams is a class 4 felony. Over 15 grams is a class 1 felony.

Peyote, Barbiturates, Amphetamines, Ecstasy, GHB: Under 200 grams of these drugs is considered a class 4 felony. Over 200 grams is a class 1 felony.

Petazocine, Methaqualone, Phencyclidine, Ketamine: Under 30 grams of these drugs is considered a class 4 felony. Over 30 grams is a class 1 felony.

Anabolic Steroids: Any amount of anabolic steroids is charged as a class C misdemeanor.

The penalties for the various charges are as follows:

Class C Misdemeanor: Penalties for this charge include up to 30 days in jail and up to $1,500 in fines.

Class 4 Felony: While most class 4 felonies are penalized by up to four years in prison and up to $15,000 in fines, possession of controlled substance charges are an exception. Most of these charges allow the court to sentence a guilty defendant to probation and a substance abuse treatment program. However, this may not apply to subsequent offenders.

Class 1 Felony: Penalties for these charges range between 4-15 years in prison, with up to $20,000 in fines.

Other penalties include the loss of ability to get federal aid (grants, loans, work study programs, and so on). If the offender is sentenced to over one year in prison, they may have to give up any property (including homes and cars) that law enforcement suspects to be involved with the crime. You can learn more about Illinois forfeiture laws here.

Additionally, felons cannot vote while incarcerated, but their rights are restored once they are released. A conviction will also have an effect if you are charged later on in life, and will stay on your permanent record, which can hurt your chances at finding jobs, housing, and more.

When Are Penalties Increased?

Not all possession charges are the same. Many factors will influence sentencing, including making a plea bargain, having past charges on your record, or the intent to distribute or sell the drugs you were caught with.

Moreover, you were found with drugs within 1,000 feet of a “drug-free zone” including schools, public housing, and nursing homes, a possession with intent charge will be increased to a Class X felony. Even if you are simply charged with possession, being close to a drug-free zone may have a big impact on your sentence upon conviction.

Defenses for Drug Possession Charges

Even if you were caught with drugs, you still can build a defense strategy that can get your charges dropped. Common strategies for drug possession charges include:

• Unlawful Search and Seizure
• False Accusation
• Lack of Evidence (Prosecution Cannot Present Drugs Found)
• Drugs Were Planted
• Entrapment
• Substances Are Not Drugs You Were Arrested For
• Possession of Marijuana for Medicinal Purposes

If you are facing intent to distribute or trafficking charges, it may be wise to try and reduce the charges to possession.

Not all of these defense strategies will be appropriate for your case. Your best bet for defending against these charges is talking to a Chicago drug possession lawyer.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

In the world of drug crimes, charges are divided into three main categories: possession (holding drugs), distribution (selling drugs), and trafficking (typically – though not necessarily – moving drugs).

These definitions are pretty straightforward, and it’s fairly well known that trafficking and distribution are more severe drug crimes than possession. So if you are caught merely holding drugs, and there is no concrete evidence of you moving or distributing the drugs, you won’t face harsh penalties, right?

Not so fast. In some cases, individuals found with drugs can be hit with a “possession with intent to deliver” charge. When that happens, the penalties can be incredibly severe.

Let’s look at a real life example that took place right outside of Chicago.

Three Arrested in Aurora

From November 11 to November 17, federal agents tracked the transportation of 75 kilograms of cocaine and 35 kilograms of heroin from the Mexican border all the way up to Aurora. After a formal search of the drugs that were found, federal officials arrested three men who each had a hand in the transportation or possession of the drugs.

What does “had a hand” mean?

Adolfo Meraz-Renteria worked as a mechanic at the warehouse where the drugs were found. Urbano Arellanes provided the warehouse. Jose Raul Perez-Pailles physically drove and transported the drugs.

Because of their involvement, all three men were charged with possession with intent to distribute cocaine and heroin. They appeared before a U.S. Magistrate Judge in Chicago, and currently remain in federal custody without bond.

“Possession with intent to distribute” is not just a federal charge. You can also face similar charges in Illinois.

What Exactly Is “Possession with Intent?”

Drug possession charges usually apply only when a person possesses the drugs for personal use. That’s why possession charges are less severe than distribution or trafficking charges.

Remember above how we mentioned that you don’t actually have to sell or traffic drugs to be charged with those crimes, though? There’s a gray area that forms when someone is found possessing a large amount of illegal drugs. That gray area is called “possession with intent.”

Essentially, the idea behind possession with intent is that if someone is caught with a large amount of drugs, those drugs are not all for personal use. The individual in question was most likely going to sell them or is involved in moving them for someone else who’s going to sell them. Because of this, anyone caught with more than a certain amount of an illegal drug can be charged with possession with intent to distribute.

In addition to simply having a large amount of drugs, prosecutors can also use the following evidence to pin you for possession with intent to distribute:

• Presence of drug paraphernalia
• Presence of packaging materials, scales, etc.
• Presence of large amounts of money
• Communication with possible customers or distributors

Why Does This Charge Matter?

The difference in sentencing between simple drug possession and possession with intent is vast. For example, if you are charged with possessing less than 2.5 grams of cannabis, you will face penalties including up to 30 days in jail. Certainly not good, but there are worse consequences out there.

Case-in-point: if the prosecution can prove that you intended to sell that amount of cannabis, you could face up to six months in jail. Moreover, if you are hit with federal charges, which often come into play in trafficking cases, you may face longer mandatory jail sentences.

In some cases, possession and possession with intent could mean the difference between a misdemeanor and a felony charge.

A judge is also less likely to consider diversion or drug court programs if you are selling or profiting off of drugs rather than merely using them.

Ultimately, all drug charges are serious, and no matter what type of drug crime you face, it’s important to create a strong defense to avoid conviction and a stain on your criminal record.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Over 300 arrests were made earlier this month after the U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations concluded a month-long investigation in the Midwest of convicted illegal aliens. Offenders have been arrested in Missouri, Wisconsin, Kentucky, Kansas, and Indiana, but the state of Illinois holds more offenders than any other state involved.

In our state alone, 107 people were arrested for violent and drug-related crimes. 47 of the offenders resided in the Chicago area. The offenders include citizens of 10 different countries, including Mexico, Poland, Senegal, and New Guinea.

Many of the offenders had previously been issued orders of deportation or violated previous deportation orders and illegally came back into the United States. They will be immediately removed from the country. The rest await a hearing before an ICE judge or will be removed from the country shortly.

When Can You Be Deported?

Unless you are an American citizen, committing a crime or violating the terms of your stay can qualify you for deportation. You are at risk even if you hold the status of a permanent resident, green card holder, or visa holder. If you are in the United States on a tourist visa, you can get deported for having a job. If you are in the United States on a student visa, you can get deported for not attending school full-time.

Additionally, if you are a non-citizen and commit any of the following crimes, you qualify for deportation:

• Aggravated felonies
• Domestic violence
• Crimes of moral turpitude
• Failure to advise the United States Citizenship and Immigration Services (USCIS) of a change in address (within 10 days)
• Marriage fraud
• Smuggling aliens into the country
• Document fraud
• False claim of citizenship
• Any drug-related violation (except possession of <30 grams of marijuana)

That’s right. Any drug-related violation other than having a small amount of marijuana can get you deported. And if you possess a small amount of marijuana with the intent to sell, that does qualify you for deportation. Oh, and one final thing: if you are found to be a drug abuser or addict, this is also grounds for deportation.

What Will Happen If I Qualify for Deportation?

If you have yet to enter the United States, you will be denied entry – also referred to as “expedited removal.” If you have a fear of persecution or danger back in your home country, you may be able to petition your claim to immigration officials and receive asylum. If you are an illegal alien, it may be best for you to voluntarily leave the country to avoid any legal issues or additions to your record.

If you believe you should remain in the United States, however, you do have the right to an attorney and to be heard in court. USCIS will have their own lawyer, and both attorneys may question you or a witness in front of a judge in order to prove to the judge that you should be allowed in the country or deported.

If a judge decides that an order of deportation is necessary, you can still fight by applying for an appeal. Once the time limit for an appeal is up, however, your order of removal will be finalized and you will be forced to leave the United States.

What If I Have Been Here a Long Time?

If you have a green card and have been convicted of a drug crime, there is a possibility that you can cancel your removal from the country. However, you must meet certain criteria. If you have been a resident of the United States for over seven years before you committed the crime, you can qualify for cancellation of removal. Immigration law is very strict about these timelines.

If you were convicted of an aggravated felony, which includes drug trafficking or sale, you cannot qualify for cancellation of removal.

Waiver of Inadmissibility

Not all hope is lost if you end up being deported, though. There is a way to have past crimes forgiven and permission to enter the country reinstated. You may apply for a waiver of inadmissibility. If granted, this waiver will forgive your crime and allow you back into the United States.

Unfortunately, drug crimes are usually viewed by immigration as unforgivable. There is only one exception. If you were convicted of possessing <30 grams of marijuana without intention to distribute, your crime can be waived and you may be let back into the United States.

As you can see, there are exceptions when it comes to deportation and immigration laws, but they’re not always obvious, and petitioning to stay in the United States is not always easy. To navigate the complicated world of immigration law and deportation procedures as they relate to drug crimes, contact an experienced Illinois drug crimes lawyer today.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.