Drug Possession Lawyer in Chicago

Arrested? Call Premier Chicago Drug Possession Attorney Today

If you were arrested for drug possession, you need an aggressive criminal defense drug charge lawyer to protect your interests and legal rights. As a criminal defense lawyer with over two decades of experience in this field, I can offer you more than just knowledgeable legal counsel. As a Chicago Premier Criminal Defense Attorney, I fight for my clients and am committed to hard-hitting representation inside and outside of the courtroom in order to seek the best possible result in any case.

Although some may consider drug possession to be a "lesser" drug crime, it may still have serious repercussions for a defendant. Depending on the type of drug and the amount, as well as other circumstances of the case, a defendant may face misdemeanor or felony charges and serious penalties such as imprisonment, fines, mandatory drug rehabilitation or counseling, driver's license suspension, and more. You may also find that your employment or educational opportunities are affected.

Illinois and Federal Drug Laws

In Illinois, drug crimes are not taken lightly, and the laws can be pretty complex. The sentence for drug possession varies depending on the type and quantity of drug that is found in your possession.

Illinois Controlled Substances Act is codified under 720 ILCD 570/ and follows the federal classification system. The federal drug classification system is grouped into five distinct categories or schedules depending upon the drug's acceptable medical use and the drug's abuse or dependency potential. Schedule I through V. Each substance has been assigned a schedule number.

The DEA website set the drug schedule as follows:

Schedule I

Schedule I drugs, substances or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.

Schedule II

Schedule II drugs, substances, or chemicals are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous. Some examples of Schedule II drugs are: combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin

Schedule III

Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV. Some examples of Schedule III drugs are: products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone

Schedule IV

Schedule IV drugs, substances, or chemicals are defined as drugs with a low potential for abuse and low risk of dependence. Some examples of Schedule IV drugs are: Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol

Schedule V

Schedule V drugs, substances, or chemicals are defined as drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Some examples of Schedule V drugs are cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, and Parepectolin.

Drug Possession in Illinois

Possession of drugs is illegal under 720 ILCS 570/402. It is a crime to knowingly possess a controlled or counterfeit substance or controlled substance analog. Possession can be actual or constructive. Actual possession occurs when the police find the drugs on your person. Constructive possession occurs when you have knowledge of where the drugs are and immediate access to them. Prosecutors often use the theory of constructive possession to prove drug possession when drugs are found in your home or car, but other people are also present there.

If you are arrested for this criminal offense, remember that a criminal conviction can and will affect your future. Contacting an experienced lawyer can greatly improve your odds of winning your case.

Drug Possession With Intent to Deliver

Possession with intent to deliver involves knowingly possessing an illegal substance with the intention to sell it. This charge is often brought when the amount of drugs is too large for personal use, suggesting it is intended for distribution. Drug Distribution crimes are serious in nature and will often carry jail time.

Manufacturing of Drugs in Illinois

You can face drug manufacturing charges if you have a drug lab in your home, possess chemicals commonly used to make or refine controlled substances, or are cultivating more than five marijuana plants. To obtain a conviction, the prosecutor must prove that you intended to use the chemicals yourself for illegal drug manufacturing purposes or knew someone else intended to use the chemicals for illegal drug manufacturing purposes. Potential penalties for drug manufacturing will often involve lengthy prison sentences.

Drug Trafficking in Chicago

Drug trafficking involves importing controlled substances into the State of Illinois by various means. Distribution is a Class X felony with a maximum prison sentence of 6 to 60 years. Trafficking carries a minimum penalty of at least double the assigned prison sentence of the specific drug offense.

Attorney Mitch Furman is a Premier Drug Crime Defense Attorney who represented hundreds of clients accused of committing drug crimes. Let our skills and experience work for you.

Possession of Drug Paraphernalia in Cook County

According to Illinois law under 720 ILCS 600/2 "Drug paraphernalia" means all equipment, products, and materials of any kind . . . which are intended to be used unlawfully in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body . . . It includes but is not limited to . . . water pipes, bongs, miniature cocaine spoons, and cocaine vials.

Possession of drug paraphernalia is a Class A misdemeanor that has a mandatory $750 fine added on top of a regular sentence.

Possession of Illegal Prescription Drugs

Under Section 720 ILCS 570/406.2 of the Illinois Criminal Code, a person commits the offense of unauthorized possession of a prescription form when they alter a properly issued prescription form, possess a blank or counterfeit prescription form, or possess a prescription form that was not issued to them. A person convicted of unauthorized possession of a prescription form can be sentenced to prison anywhere from one to five years, with a maximum fine of up to $100,000.00.

At Law Offices of Mitch Furman, we have extensive experience handling drug crime and prescription fraud charges in Chicago. We will work zealously to protect your rights by providing you with an aggressive defense and will not rest until a favorable outcome is reached. 

Illinois Marijuana Laws

The drug laws in Illinois are broken down in the following increments for marijuana:

• less than 15 grams - No penalty for anyone over 21
• Less than 30 grams - No penalty for residents over 21
• More than 30 grams but less than 500 grams - Class 4 felony
• More than 500 grams but less than 2,000 grams - Class 3 felony
• More than 2,000 grams but less than 5,000 grams - Class 2 felony
• More than 5,000 grams – Class 1 felony

While marijuana has been "Legalized" in Illinois, it is still strictly regulated. You must be at least 21 to possess or buy it. To sell it you must go through strict state licensing and comply with all local and county laws. Many localities do not allow its sale at all. There are also limits to how much you can possess: 30 grams for Illinois residents and 15 for non-residents. Most laws concerning illegal sales and possession of a large amount are similar to those before legalization.

As an experienced drug crime attorney, I have a deep understanding and knowledge of Illinois drug laws. Let me use my skills and knowledge to build a solid defense for your case. Whether you have been charged with possession of marijuana, cocaine, crack cocaine, or any other controlled substance, my firm stands ready to take on your case. My firm is passionate about meeting your legal needs, and I am always willing to go the extra mile to make that happen. No case is too small or too big for me to handle. Seek out trusted legal counsel today. My firm can protect your rights against the prosecution.

Challenging Drug Possession Charges in Chicago, IL

Though law enforcement may have discovered illegal narcotics on you or in your house or car, this does not necessarily mean that you should or will be convicted of drug possession. There are various defense strategies that an experienced attorney may be able to employ in order to challenge your charges effectively. A skilled criminal lawyer can help you with the drug charge process. For example, you may be facing marijuana possession charges.

But what if the marijuana discovered in your pocket was found by a law enforcement officer who was actually in violation of your constitutional rights? Your attorney may be able to file a motion to suppress any evidence discovered in an illegal search of you or your property, essentially destroying the government's case against you by removing evidence of the drug itself.

If you would like a free initial consultation and assistance fighting your drug possession charges, you can contact Chicago Premier Drug Crime Lawyer today at 312-236-7078.