Cook County Drug Defense Attorney

Controlled substances are classified into 5 categories, or “schedules,” based on their potential for abuse and addiction and whether they have an approved medical use. Schedule I drugs are the most dangerous with no accepted medical use, and Schedule V drugs have a low potential for abuse and some accepted medical use.

Some examples of illicit drugs in their respective schedules include:

• Schedule I – opiates and hallucinogenic substances
• Schedule II – oxycodone, codeine, and methamphetamine
• Schedule III – ketamine and certain steroids
• Schedule IV – tramadol, diazepam, and alprazolam
• Schedule V – prescription medications with certain amounts of narcotics

The schedule of the drug involved in the offense will largely determine what scale of penalties the defendant will face.

Felony and Misdemeanor Penalties for Drug Possession

Unlawful drug possession is penalized based on the schedule of the drug and the amount. Felony drug offenses are classified into 5 different levels of Class X, 1, 2, 3, and 4. Class 1 felonies involve the illegal possession of drugs like heroin, cocaine, morphine, LSD, and hallucinogenic substances, which carry the following penalties based on the amount:

• 15-99 grams – 4-15 years in jail
• 100-399 grams – 6-30 years in jail
• 400-899 grams – 6-40 years in jail
• 900 or more grams – 10-50 years in jail

The specific sentence for other Schedule I or II narcotics may be charged at other less severe felony levels. The possession of any Schedule III, IV, or V drug is also a Class 4 felony punishable by 1-3 years in jail and $25,000 in fines. The possession of an unauthorized prescription for a drug is also a Class 4 felony, but subsequent offenses will be charged as Class 3 felonies.

Some drug offenses may be punished at the misdemeanor level, such as a first-time conviction for possession of an anabolic steroid, which is generally a Class C misdemeanor punishable by up to 30 days in jail and up to $1,500 in fines. A second offense within 2 years will be a Class B misdemeanor punishable by 6 months in jail and $1,500 in fines.

Note that repeat offenses may incur enhanced penalties, such as:

• double penalties under the Controlled Substances Act; or
• a mandatory minimum sentence if the offender is convicted of a repeat Class 1 felony within 10 years, and the court may not offer conditional discharge, probation, or periodic “weekend” imprisonment.

The penalties may also increase if the defendant possessed these substances with the intent to distribute or sell them.

Cannabis Use in Illinois

As of 2020, state residents who are 21 years or older can recreationally possess up to 30 grams of marijuana or up to 5 grams of marijuana concentrate. Out-of-state individuals may possess half of this restricted amount in Illinois. Adults can smoke marijuana in their own homes or cannabis-related businesses, but they are prohibited from using in public places (e.g., public parks), motor vehicles, on school grounds, near underage individuals, and near on-duty public officers like school bus drivers and law enforcement. Private institutions can set their own cannabis use laws.

Possession of marijuana exceeding the state legal limit is penalized based on the amount:

• 30-100 grams – Class A misdemeanor for a first offense punishable by up to 1 year in prison and up to $2,500 in fines; Class 4 felony for subsequent offenses punishable by 1-3 years in prison and a maximum fine of $25,000
• 100-500 grams – Class 4 felony punishable by 1-3 years in jail and a maximum fine of $25,000
• 500-2,000 grams – Class 3 felony punishable by 2-5 years in prison and $25,000 in fines
• 2,000-5,000 grams – Class 2 felony punishable by 3-7 years in jail and $25,000 in fines
• More than 5,000 grams – Class 1 felony punishable by 4-15 years in prison and a fine of $25,000

Whether you have been accused of unlawful possession of marijuana or some other controlled substance, The Law Office of William Wolf, LLC is here to defend you. You have a variety of defense options available, such as lack of knowledge, entrapment, or misidentification, and Attorney Wolf can take a deeper look at your case to determine your best strategy of defense.