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Tag Archives: Illinois drug possession

drug possession, DuPage County drug possession defense attorneyHaving 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

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DuPage County criminal defense attorney, drug possession chargesDuring a traffic stop, you cooperate with the officers who pulled you over. You answer every question asked to the best of your knowledge and even allow the officers to check your vehicle—you know that nothing is there. Yet, the officers find something in your car that shocks you, because you have never touched anything like it. You know others who do, however, and somehow the remanence was discovered in your vehicle. Now, the officers are pointing all fingers at the driver, which in this case, is you. You currently face drug possession charges and are at a loss for words because the police did not believe you. Therefore, why would a judge?

Illinois Possession Laws

Notorious for strict punishments in general, Illinois drug possession consequences are no different. Therefore, it is of the utmost importance to understand each law in its entirety. The majority of laws pertaining to possession in Illinois (Cannibis Control Act, Illinois Controlled Substance Act, and even weapons laws), all have one factor in common: the person charged must “knowingly possess” the item.

The word “knowingly” became a source of great debate and contention in the court system and led to the Criminal Offenses Act in 2010 when Illinois outlined their legal definition of knowledge.

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