The Most Common Drug Crimes in Illinois

 Posted on November 07, 2023 in Drug Charges

Drugs are a serious issue in Illinois. Drug offenses are reported to be one of the most common types of crime on a national scale. The crimes come in many forms and carry charges from misdemeanors to felonies. But which drug crimes are the most common? No matter which drug charges you may be facing, it is always a good idea to have an experienced criminal defense attorney available to defend your rights.

Possession of Drugs and Drug Paraphernalia

It is unlawful in the state of Illinois to possess a controlled substance, as is the possession of drug paraphernalia. Possession is the single most common drug charge that prosecutors file each year. Drug possession charges can vary widely depending on the specific drug and how much the defendant possesses.

Illegal drugs can fall under five categories, referred to as Schedules:

• Schedule I: High-risk abuse drugs like opiates and hallucinogens
• Schedule II: Other high-risk drugs that may include some drugs approved for medical use like Vicodin, Ritalin, and Adderall
• Schedule III: High-risk dependency drugs but not so high to see them classified as either I or II, such as Anabolic steroids or Ketamine
• Schedule IV: Low risk for dependency drugs like Xanax or Ambien
• Schedule V: Low-risk potential drugs typically used as medicines like Codeine cough syrups or Lyrica

The severity of Schedules I to V ranges from most severe (I) to drugs with more limited abuse potential (V). Possession of drugs from either Schedule I or Schedule II could see you facing serious felony charges.

Drug paraphernalia usually carries a Class A misdemeanor offense with a maximum sentence of one year in prison and a fine of $2,500. However, a defendant could face felony charges if the amount of drug paraphernalia in their possession is substantial and they are accused of trafficking it.

Drug Manufacturing

The unauthorized creation of a controlled substance can have defendants facing a drug manufacturing charge. Penalty severity will mostly depend on the volume of drugs manufactured as well as the type of drug.

Intent to Distribute

It is considered unlawful to deliver a controlled substance to another person or persons. Doing so could bring serious charges to a defendant. Prosecutors could argue that a defendant, with a substantial volume of a controlled substance in their possession, was planning to distribute the substance to other individuals. The defendant could then look at a serious felony charge with substantial prison time.

Trafficking and Distribution

The transportation and sale of controlled substances is illegal. To prove a trafficking or distribution charge, the prosecution will have to show that the defendant bought or arranged for the transportation of the controlled substance and had knowledge of it.

Drug Conspiracy

It is within a prosecutor’s right to pursue criminal charges on a defendant under the assumption the defendant participated in the manufacturing, possession, or distribution of a controlled substance. Drug conspiracy that includes at least one other person or earns them over $500 can be charged with criminal drug conspiracy.

Contact a DuPage County, IL Criminal Defense Lawyer

Do not allow yourself to become another Illinois drug crime statistic. When facing crimes of this caliber, it is important to have a Wheaton, IL, drug crime defense attorney look out for your legal well-being. Never hesitate when your freedom and rights are on the line. Contact the lawyers at Davi Law Group, LLC. Call 630-580-6373 for a free consultation.