Penalties for Drug Possession Charges in Illinois

 Posted on November 09, 2016 in Drug Charges

Having a charge on your criminal record for any crime can be life-altering. However, drug-related crimes have exceptionally stronger impacts than lesser crimes. Not only is there the legal punishment that comes from conviction, but there are also secondary consequences to consider. For instance, you may lose your government funding for higher education in addition to losing your employment and livelihood. Consider contacting an attorney to reduce or avoid penalties.

Drug Schedules

Although it may sound like what time of day to take your doctor-prescribed medications, drug schedules in the legal sense are a factor used in determining penalties issued for drug crimes. Schedules were created to categorize the potency of the drug, the proclivity for addiction and abuse, and whether or not the substance has any medical usages. The current schedule is set as follows, starting with the least severe:

• Schedule V: Drugs in this category—Robitussin-AC, codeine, etc.—have a small likelihood of addiction, are used for medical purposes, and contain limited quantities of narcotics.
• Schedule IV: These substances have a low potential for addiction and are prescribed for medical purposes. Examples include Xanax and Valium.
• Schedule III: These drugs also have a low potential for abuse but alternately a moderate risk for physical or psychological dependence. These drugs include Vicodin and Tylenol with codeine.
• Schedule II: This category has legitimate medical uses but is found to have a high level of abuse and is extremely likely to create a dependence. Prescriptions include OxyContin and Percocet.
• Schedule I: This is the most severe and does not have any accepted medical usages. These are opiates or are derived from opiates and are highly likely to be abused. Heroin, LSD, and ecstasy all fall into this category.

Other Influential Factors

Although the schedule category carries significant weight when determining the outcome of a sentencing, other factors play into the severity of sentencing. Other influential factors include the following:

• The number of previous arrests;
• The nature of prior convictions;
• The quantity of the amount of the substance in your possession; and
• The location where police found you with the drugs, such as near a school or public park.

If you are facing charges of drug possession, it is essential to your case to contact an attorney as soon as possible. A conviction can alter not only your life but that of your family and may carry a maximum jail sentences of up to 60 years. If you are interested in discussing your options with an experienced DuPage County, IL drug possession defense attorney, call Davi Law Group, LLC today at (630) 580-6373. We offer four convenient locations and proudly serve residents of DuPage, Kane, Cook, Kendall, and Will Counties.

Sources:

https://www.iwu.edu/counseling/Illinois_Drug_Laws.htm

ftp://www.ilga.gov/JCAR/AdminCode/077/07702070sections.html

http://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072005700HArt.+II&ActID=1941&ChapterID=53&SeqStart=600000&SeqEnd=2600000

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1941&ChapterID=53&SeqStart=5200000&SeqEnd=7900000