Being charged with a drug crime, whether it is a simple possession charge or the more serious charge of drug trafficking, can have serious consequences. If convicted, a person may face high fines, jail time, loss of child custody, and loss of immigration rights. After a conviction, individuals also have a permanent criminal record that will follow them for the rest of their life.

While the situation may seem hopeless, it is not. There are several common defenses to drug charges, and a qualified attorney will use them to help anyone accused of committing a drug crime.

Entrapment

Having a hypodermic needle in your possession can land you in cuffs. This is due to Illinois’ Hypodermic Syringes and Needles Act, which makes it illegal for minors to be in possession of any hypodermic needles or syringes, and illegal for adults to possess hypodermic needles for the injection of controlled substances. Studies have shown that Needle and Syringe Exchange Policies (NSEPs) drive down HIV and other needle-transmitted-diseases, so why is possessing needles a crime, even if used for injecting drugs? Unfortunately, the logic of this law is as unjust as it is flawed, and is simply another criminal charge in the name of the war on drugs, tacked on increase overall prison time and incentivize defendants to take a quick plea deal.

What the Law Says About Needle Possession

Under Illinois statute 720 ILCS 635, it is illegal for anyone to possess a “hypodermic syringe, needle or “other instrument adapted for the use of controlled substances or cannabis by subcutaneous injection.” Adults are legally allowed to purchase dozens of syringes from pharmacies and possess up to 100 at any given time, so the mere possession of such a needle is not a crime. What makes the needle illegal is when it is used or intended to be used for injecting controlled substances, unless of course, you are a physician, nurse, or hospital worker performing your professional duties. A defense to this criminal offense is proving that the needle was used for another purpose other than delivering a controlled substance. Common reasons and medical conditions for using hypodermic needles and syringes include:

• Dozens of types of cancer;
• Deep vein thrombosis;
• Type I and Type II diabetes;
• Hormone treatment including testosterone therapy;
• Allergy treatment;
• Fertility purposes;
• Injection of vitamins and minerals for general health or to compensate for a deficiency; and
• Hundreds of other types of diseases and disorders.

Sale of Hypodermic Needles

Unless you are authorized to sell hypodermic needles (such as a doctor, pharmacist, or drug manufacturer), selling any needles could result in a felony offense. The sale of hypodermic needles is a Class 4 felony in Illinois.

Studies show that an estimated 54 million people have used prescription drugs for non-medical reasons. Additionally, 2.1 million people in the United States have used prescription drugs for non-medical reasons just within the last year. Because of this high abuse and potential for dependency, the state of Illinois is strict when it comes to drug laws and charges.

When most think of drug charges, they might think of illegal drugs, including cocaine, heroin, etc. While those drugs also can result in criminal charges, they are not the only type. Prescription drugs can result in criminaldrug charges, as well.

Prescription Drugs and Drug Charges

A man in Cook County is facingfelony drug charges after being found with more than 75 pounds of marijuana, according to NBC Chicago. The Chicago Police department was responding to reports that there was a burglary in progress.

While investigating the premises of the alleged burglary, the police found a basement door that bore signs of forced entry. The officers proceeded inside the door and found 34,000 grams of marijuana. More than 120 grams of cannabis oil was also discovered.

The man who was renting the building where the marijuana and cannabis oil was found is now facing two felony charges. He has been charged with two felony counts of manufacturing or delivering over 5,000 grams of marijuana, or cannabis. In addition to these two felony charges, he also faces a misdemeanor charge as a result of being found to be allegedly violating the concealed carry act.

Both federal and state laws and regulations govern the use, possession, distributing, and manufacturing of drugs. Illinois has a set of drug laws, but so does the federal government. There is a big difference between being charged with a statedrug charge and a federal drug charge. Therefore, it is important to know when a drug charge could become a federal charge. Each case is unique and has its own circumstances and issues, but there are different factors at play that could elevate a state drug charge to a federal one.

Factors to Consider

The following describes a number of factors to consider that may affect a drug charge: