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Archive for the ‘drug charges’ Category

Possession or Sale of Hypodermic Needles

October 12th, 2018 at 7:02 pm

Illinios defense lawyerHaving 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.

A Rolling Meadows Attorney Is Available to Talk Today

Possession of a hypodermic needle used for administering a controlled substance, which is a Class A misdemeanor, carries a penalty of up to one year in jail and a fine of $2,500. Each subsequent offense is a Class B misdemeanor, which is a Class 4 felony punished by one to three years in prison and a fine of up to $25,000. This means that if you were found with four hypodermic needles allegedly used for the purpose of administering controlled substances, you could face one Class A misdemeanor and four Class 4 felony charges. As such, if you are facing any hypodermic needle charges, whether for possession or sale, you need to contact the dedicated Rolling Meadows criminal defense attorneys at the office of Christopher M. Cosley today at 847-394-3200.

 

Sources:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4496270/

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1954&ChapterID=53

 

Understanding the Consequences of Prescription Forgery in Illinois

September 25th, 2018 at 1:21 pm

Cook County drug charges defense lawyerPrescription drug abuse is on the rise, and police and prosecutors are becoming increasingly vigilant about cracking down on those who they believe are breaking the law by using falsified prescriptions to obtain controlled substances. Because of the opioid epidemic, which has resulted from over-prescribed pain medications pushed by pharmaceutical companies and physicians, hundreds of thousands of Americans are looking for any means to get their hands on narcotics. Obtaining opioids by falsifying a prescription may seem safer than buying drugs on the street, but make no mistake—prescription forgery is a serious crime in Illinois.

What Illinois Law States About Prescription Forgery

According to 720 ILCS 570/406.2, a person commits prescription forgery (known as “unauthorized possession of prescription form”) if they have altered a prescription, possessed a form not issued by a licensed practitioner, possessed a blank prescription form without authorization, or possessed a counterfeit prescription form. Examples of prescription drug forgery include the following:

  • Changing the dose amount on a prescription written by a doctor.
    Stealing a prescription pad off a doctor’s desk.
    Writing a prescription for yourself.
    Using a computer to create a fraudulent prescription form.

The Consequences of Prescription Forgery

Shockingly, even a first time prescription forgery offender can be fined up to $100,000, and they may be sentenced to between one and three years in prison. If a person is charged with their second prescription forgery offense, they may be fined up to $200,000 and sentenced to between two and five years in prison.

It is common for a person who is charged with prescription forgery to be facing other drug charges at the same time, such as burglary, possession of an illegal drug, or an intent to traffic drugs. All of these offenses can add up to considerable time behind bars and fines that would be impossible to pay back in a lifetime of full-time work—something that would become extremely difficult to accomplish with a felony record.

Defending Medical Professionals

Medical professionals are not immune to prescription forgery charges. Doctors have been known to use their license as an opportunity to write friends or family members a prescription without reason, or to prescribe opioids to addicted patients who pay them cash under the table. If you are a physician or pharmacist, you will lose your professional license in a heartbeat if you are found guilty of prescription forgery.

A Cook County Drug Crimes Defense Attorney Can Help

More than 115 Americans die every day from overdosing on opioids, according to the National Institute on Drug Abuse. Instead of taking steps to combat addiction and help self-medicated individuals overcome or manage their mental or physical ailments, our criminal justice system sends its best prosecutors to lock up victims of opioid addiction. If you have been charged with prescription forgery, you need a strong defense that will help you avoid the consequences of a conviction. Contact dedicated Rolling Meadows criminal defense lawyer Christopher M. Cosley today at 847-394-3200 to schedule a free consultation.

Sources:
https://www.drugabuse.gov/drugs-abuse/opioids/opioid-overdose-crisis
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K406.2

Could Prescription Drugs Result in Drug Charges?

August 27th, 2018 at 7:00 am

criminal drug charges, prescription drugs, Rolling Meadows criminal defense attorney, prescription drug charges, prescription drug useStudies 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 criminal drug charges, as well.

Prescription Drugs and Drug Charges

There are more arrests occurring in Illinois for the use of prescription drugs without a valid prescription than there have been in the past. This is due in part to the addictive nature of some prescription drugs.

Prescription drug abusers often start off as legitimate prescription holders. They are injured, or otherwise prescribed pain medication or other narcotics. Through continuous use of the prescription, they become addicted and are unable to stop using, even when their prescription is no longer valid. As such, an individual might turn to illegal means to obtain the drug.

A person can be arrested and face drug charges for the possession of even one pill without a prescription. Common types of prescription drugs that are abused include Xanax, Ketamine, OxyContin, and Vicodin. The severity of the drug charge depends on the type of drug and the amount in possession.

Illinois classifies drugs into schedules. Prescription drugs fall into the range of Schedule II, Schedule III, and Schedule IV drugs. Schedule IV drugs are considered the lesser in severity of the charges.

The following are examples of prescription drugs in each schedule:

  • Schedule II: morphine, opium, amphetamines. These drugs are considered the most serious prescription drugs. While they have medical benefits and uses, they are highly addictive.
  • Schedule III: ketamine, anabolic steroids, codeine, and hydrocodone combinations.
  • Schedule IV: methadone, PCP, Ritalin.

Reach Out to Us Today for Help

A drug charge can be either a felony or a misdemeanor in Illinois. The amount of prescription drug at issue, and the type of prescription drug, all play a role in determining what charge will be brought. Both felonies and misdemeanors can bring about devastating results. As such, you need a dedicated defense attorney on your side.

Experienced Rolling Meadows criminal defense attorney Christopher M. Cosley is here for you. Attorney Cosley does not want your life derailed because of one prescription drug charge and he will work diligently to provide you the best defense given the circumstances of the case. Contact us today for a consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53

https://www.drugabuse.gov/publications/research-reports/misuse-prescription-drugs/what-scope-prescription-drug-misuse

Man Charged After Being Found With 75 Pounds of Marijuana

August 20th, 2018 at 3:31 pm

marijuana, criminal drug charges, drug charges, drug crimes, felony drug charges, Rolling Meadows criminal defense attorneyA man in Cook County is facing felony 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.

Felony Drug Charges in Illinois

The words felony and misdemeanor are often thrown around, but not everyone always knows the difference between these two types of charges. A felony charge is a more serious charge that carries harsher and stricter penalties. The classification of a drug charge in Illinois is based on the amount of drugs in possession and the specific intent of the person in possession of the drugs.

There are several different types of drug charges that an individual can be charged with, both felony and misdemeanor. The different types of drug charges in Illinois include:

  • Drug possession;
  • Possession of drugs with the intent to distribute;
  • Drug manufacturing;
  • Drug trafficking; and
  • Drug conspiracy.

The above list of drug crimes encompasses most, if not all, of the various types of crimes an individual might find themselves facing. These crimes, depending on the amount of drugs in a person’s possession or the circumstances surrounding the offense can lead to harsh punishments. Typically, there are fines, court costs, jail time, prison time, probation, or parole assigned to those who have been convicted of a drug crime.

Contact Us Today for Help

The charge and potential conviction of a crime can have a major impact on your life. You could lose your job, home, be unable to rent an apartment, or even be unable to find another job all because of a criminal conviction. Do not let one charge derail your entire life.

Dedicated Rolling Meadows criminal defense attorney Christopher M. Cosley is ready to defend you in criminal drug charges. Attorney Cosley knows that a conviction can drastically alter one’s life and will work diligently to get the best outcome under the circumstances. Contact us today for a consultation.

Source:

https://www.nbcchicago.com/news/local/man-charged-after-cops-find-over-75-pounds-of-pot-488882181.html

When Do Drug Charges Become a Federal Offense?

August 3rd, 2018 at 3:50 pm

drug charges, federal drug charge, federal offense, Rolling Meadows criminal defense attorneys, state drug chargeBoth 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 state drug 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:

  • The arresting officer – One of the biggest clues involves who is making the arrest. Being arrested by a federal agent is a huge sign that you will be charged with a federal crime. Sometimes local law enforcement, or state police, will ask federal agents to aid in their case. Often, state and federal officers will work together to conduct a sting to catch criminals.
  • Where the crime occurred – Crimes that occur on federal land could result in a federal drug charge. One such example is a crime occurring in a national park.
  • Statements offered by informants – In some drug cases, there is someone who is already being investigated by the federal government. These individuals often become informants for the government and will trade names and information about crimes of others for a reduced sentence or immunity. An informant working on behalf of the federal government will likely result in a federal drug charge.
  • Severity of the drug charge or offense – States often prosecute the smaller drug crimes, while the federal government prosecutes drug crimes that happen on a larger scale.

Why This Matters

One of the biggest differences between federal and state drug crimes are the penalties associated with them. Federal charges that result in a conviction carry longer sentences than state crimes. There are longer federal mandatory sentencing guidelines than the sentencing guidelines at the state level. Additionally, federal drug crimes do not have a parole program and probation is rarely granted.

If there is any doubt as to what type of drug charge is at issue, state and local authorities will discuss the issue and come to a determination as to who is better suited to prosecute the case.

We Can Help You Today

If you have been charged with a drug crime, either state or federal, you need a dedicated and knowledgeable attorney. The skilled Rolling Meadows criminal defense attorneys at The Law Offices of Christopher M. Cosley are here to help you. Don’t hesitate to reach out to us today for assistance.

Source:

https://www.ussc.gov/research/research-reports/mandatory-minimum-penalties-drug-offenses-federal-system

What is Possession of a Controlled Substance in Illinois?

May 30th, 2018 at 5:10 pm

controlled substance, drug crimes, drug possession, possession of a controlled substance, Rolling Meadows defense attorneysPossession of a controlled substance is a serious drug crime in Illinois. The punishment for such a crime depends on the controlled substance in question and the amount of the substance that is found. Generally, the more of a substance a defendant has, the harsher the punishment can potentially be.

Most possession of a controlled substance crimes carry fines, probation, and jail or prison time. Ultimately, if you have been charged with this crime, it is imperative that you reach out to a skilled attorney for help immediately.

Controlled Substance

The first step in understanding possession of a controlled substance is being able to identify a controlled substance. Per 720 ILCS 570/102(f), a controlled substance is defined as a “drug, substance, immediate precursor, or synthetic drug.” The drugs included in this definition include heroin, cocaine, marijuana, methamphetamines, LSD, oxycodone, ketamine, ecstasy, and other controlled substances listed in Article II of 720 ILCS 570.

The controlled substances are broken into five different schedules. Schedule I drugs are those that are most likely to be abused. These include opiates, derivatives of opiates, and substances that are likely to induce hallucinations. Schedule V includes the least dangerous drugs. Contrary to Schedule I drugs, Schedule V drugs are those least likely to be abused.

Possession

The next step in understanding possession of a controlled substance is knowing what possession means. According to the Illinois Controlled Substances Act, it is unlawful for “any person to knowingly possess a controlled or counterfeit substance or controlled substance analog.” In general, to knowingly possess something requires that an individual must have knowledge of the controlled substance.

Circumstantial evidence can be enough to find that an individual knowingly possessed a controlled substance. For example, if a controlled substance is in a vehicle owned by the defendant, it is likely that he or she will be found to have knowingly possessed the controlled substance.

That being said, simply having a controlled substance in your possession is not enough to be convicted of a crime. In reality, you may not have been aware of the substance if it appeared in your car or your home; instead, it may have belonged to another party. Overall, if you are facing charges of drug possession, an experienced attorney can help mount an aggressive defense and ensure your rights are protected throughout each step of your case.

Contact an Attorney for Professional Help with Your Case

If you have been charged with possession of a controlled substance, you need an attorney with all of the tools to best represent you. At the Law Offices of Christopher M. Cosley, we combine years of experience with a passion for advocating for your rights. Our talented Rolling Meadows defense attorneys possess the requisite knowledge and skill to properly defend you. Contact us today to give you the best possible defense available to you.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53

Drugged Driving in Illinois

February 5th, 2018 at 8:40 am

Class 4 felony, drugged driving, DUI charges, Rolling Meadows criminal defense attorney, drug convictionMuch focus is on drunk driving. Even though motorists know they should not drive after drinking, many do anyway. This often leads to serious accidents.

Now that recreational marijuana use is legal in many states—including Illinois—it is important for motorists to understand that drugged driving is against the law as well. If a person is pulled over for driving recklessly and is found to have drugs in his or her system, he or she could face DUI charges, regardless of whether or not he or she is at the legal limit.

However, measuring the amount of drugs in one’s blood is easier said than done. There is no 0.08 percent blood alcohol content (BAC) equivalent for marijuana and other drugs. Plus, unlike alcohol, drugs can stay in a person’s body for weeks after use.

Illinois does have laws in place regarding drugged driving. Therefore, if you do use marijuana—whether for recreational or medicinal purposes—and drive later, you could face DUI charges. 

What is Considered Drugged Driving?

Illinois law allows five nanograms of tetrahydrocannabinol (THC) per milliliter of blood or 10 nanograms or more per milliliter of urine or other bodily substance. However, it is also illegal for a person to drive in an unsafe manner and have even the smallest amount of drugs in his or her system. A police officer may perform a blood, breath or urine test, or require the driver to submit to field sobriety testing.

Drugged Driving Penalties

A first offense can result in a $2,500 fine, one year in prison and license suspension for one year. If a person is convicted of a second offense, the penalties increase. They include license suspension for five years, a $2,500 fine, one year of imprisonment, 30 days of community service and completion of a substance treatment program.

Once a person is convicted of three or more DUI charges, the charges become Class 4 felonies. A person will lose his or her driving privileges for six years and be subject to penalties such as drug treatment, a $10,000 fine, and three years in prison.

The penalties are enhanced when the driver is in a school zone or has a passenger under the age of 16 in the car at the time. Enhanced penalties also apply if the driver is under the influence of drugs and causes an accident that results in serious injury, disfigurement, disability, or death.

Contact Us Today for Help

It is illegal to drive while intoxicated, and that means being under the influence of not only alcohol, but drugs as well. Even marijuana use can impair one’s judgment and lead to accidents.

If you are facing DUI charges for having high levels of marijuana or other drugs in your system, you need legal help right away. The Law Offices of Christopher M. Cosley can defend your case. Passionate Rolling Meadows criminal defense attorney Christopher Cosley can work to reduce your penalties. Let us help you today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.2

FAQs About Medical Marijuana in Illinois

December 7th, 2017 at 8:22 am

medical marijuana, Rolling Meadows drug charges attorney, medical marijuana program, drug charges, Illinois drug lawsAccording to the ACLU, approximately 52 percent of all drug arrests conducted in the United States in 2010 were for marijuana-related crimes. This is largely thanks to the various drug laws that were passed during the government’s “war on drugs” campaign in the 70s—many of which imposed relatively harsh penalties for possessing or distributing marijuana.

However, in more recent years, several states, including Illinois, have relaxed their drug laws a bit and now permit the use of marijuana for medical purposes. Unfortunately many of these modern medical marijuana laws are not well understood by the public. Consider the following frequently asked questions to help clear some confusion. 

Q: What is “medical marijuana”?

A: The National Institute on Drug Abuse’s website notes that the term “medical marijuana” (sometimes called “medical cannabis”) refers to using the whole marijuana plant, or its extracts, to treat symptoms of illness. In other words, medical marijuana is, from a scientific standpoint, essentially the same as recreational marijuana.

Q: Who can legally obtain medical marijuana in Illinois?

A: In 2013, Illinois lawmakers passed the Compassionate Use of Medical Cannabis Pilot Program Act which was a temporary test program designed, at its core, to allow Illinois residents with qualifying debilitating medical conditions to use medical marijuana as part of their treatment plans.

Under this act qualifying “debilitating medical conditions” include Parkinson’s disease, glaucoma, muscular dystrophy, rheumatoid arthritis, as well as a number of other conditions. This pilot program was originally intended to run until the end of 2017 but last year lawmakers passed Senate Bill 10 which effectively extended the program until July 2020.

However, it should be noted that if you were convicted of a felony drug crime in the past then you are not eligible to participate in Illinois’ pilot medical marijuana program.

Q: How much medical marijuana can a qualifying patient possess under Illinois law?

A: Under Illinois’ Compassionate Use of Medical Cannabis Pilot Program Act, a qualifying patient who has properly registered and who possesses a registry identification card may not possess more than two and one-half ounces of usable marijuana.

Q: If I have a valid medical marijuana card can I legally grow marijuana at home for my own consumption?

A: No, under Illinois’ current medical marijuana laws individual cultivation is not allowed.

Need Legal Advice? Contact a Local Drug Charges Attorney

At The Law Offices of Christopher M. Cosley we defend clients against various felony and misdemeanor drug charges across Illinois. Thanks to Attorney Christopher Cosley, a former prosecutor in the Felony and Drug Division, our firm is well acquainted with the legal tactics commonly used by prosecuting attorneys in drug cases and we use this valuable insight to benefit our clients. To find out what an experienced Rolling Meadows drug charges attorney can do for you, contact our office today.

Source:

https://www.aclu.org/gallery/marijuana-arrests-numbers

https://www.drugabuse.gov/publications/drugfacts/marijuana-medicine

Drug Trafficking at the State and Federal Level

November 24th, 2017 at 3:47 pm

drug trafficking, illegally trafficking drugs, trafficking heroin, Class X felony, Rolling Meadows drug crime lawyerDrug trafficking (i.e. distributing or selling a controlled substance) is illegal under both state and federal law and while the legal ramifications of federal drug convictions tend to be considered much steeper than state level drug convictions, it is important to note that this is not always the case.

If you or a loved one has been accused of illegally trafficking drugs at either the state or federal level, it is important to understand that this is a serious accusation for which your or your loved one may face significant jail time. 

Federal Law

Per 21 U.S. Code § 841, it is illegal under federal law, in most circumstances, to manufacture, dispense, or distribute a qualifying controlled substance, or possess such a substance with the intent to distribute, manufacture, or dispense it. Also, take note that the legal ramifications of drug trafficking under federal law vary significantly depending on which schedule the trafficked substance is classified under.

To get a feel for the types of prison sentences that a convicted drug trafficker could face under federal law, let us consider a penalty commonly associated with trafficking heroin. Under federal law, an offender who is caught with 100 grams or more of heroin can be sentenced to serve 5 to 40 years in prison for an ordinary offense. However, a more serious penalty can be levied if the offender has one or more prior felony convictions.

Illinois State Law

Illinois’ main anti-drug trafficking law is contained in code section 720 ILCS 570/401 which, in a nutshell, makes it illegal for any person to knowingly deliver or manufacturer a qualifying controlled substance, or possess such a substance with the intent to deliver it or manufacture more of it. The penalty for violating this code section vary from case to case as an offender’s sentence is primarily determined based upon which controlled substance the offender was convicted of trafficking and on how much of the drug the offender was caught with.

For example, if an offender is convicted of trafficking heroin in Illinois and he or she was caught with 15 to 99 grams of the drug, then he or she is guilty of a Class X felony and can be sentenced to serve six to 30 years in prison. However, if the same offender was caught with 100 grams or more of heroin, then he or she can be ordered to serve 9 to 40 years in prison.

Let Us Assist You Today

As you can see, the legal ramifications of trafficking drugs can be quite steep at both the state and federal level and varies significantly depending on the type and quantity of the substance trafficked. This area of the law can be quite complex, but an experienced Rolling Meadows drug crime lawyer will be able to evaluate any trafficking charges pending against you and explain in detail the legal ramifications that an ensuing conviction may carry. However, it is important to remember that just because you have been charged with a drug crime does not mean that you will necessarily be convicted. No matter how bleak your case may appear, be sure to consult with a local criminal defense attorney without delay in order to best protect your legal rights. If you are facing a drug charge in Illinois, contact The Law Offices of Christopher M. Cosley today for help.

Source:

https://www.law.cornell.edu/uscode/text/21/841

What Does it Mean to Manufacture a Controlled Substance in Illinois?

September 6th, 2017 at 7:15 am

controlled substance, drug charges, Rolling Meadows criminal defense lawyer, manufacturing a controlled substance, Illinois drug crimesIn Illinois, it is illegal under state law to manufacture a controlled substance. But what does this actually mean? In general terms, it means that an individual can be convicted of a crime if he or she makes illegal drugs or other substances. However, the legal definition is quite a bit more specific.

Key Definitions re the Unlawful Manufacture of a Controlled Substance

Under the Illinois Controlled Substances Act the terms “manufacture” and “controlled substance” are carefully defined as follows below.

Manufacture: The Illinois Controlled Substances Act defines the term “manufacture” as “the production, preparation, propagation, compounding, conversion, or processing… either directly or indirectly by”:

  • Extracting substances of natural origin;
  • Chemical synthesis; or
  • A combination of extracting and chemical synthesis.

Note that this definition does include any packaging (or repackaging) of a controlled substance or labeling of its container. However, the term manufacturing does not include:

  • The preparation or compounding of a controlled substance by an ultimate user for his/her own use; or
  • Practitioners (i.e. licensed physicians, dentists, veterinarians, pharmacists, nurses, etc.), their agents, or those they supervise preparing, compounding, packaging, or labeling a controlled substance in the course of their professional practice or as part of lawful teaching, research, or chemical analysis.

Controlled Substance: Under the Illinois Controlled Substances Act, a “controlled substance” is defined as (1) a drug, immediate precursor, substance, or a synthetic drug listed in the Schedules of Article II of the Controlled Substances Act or (2) a drug, immediate precursor, or other substance designated as a controlled substance by the Department. Note that this definition does not include wine, distilled spirits, malt beverages, or tobacco.

Penalties

The penalties that a defendant who is convicted of unlawfully manufacturing a controlled substance in Illinois will face varies depending on how much of the controlled substance was manufactured. However, manufacture of a controlled substance is often tried as a Class 4 felony that is punishable by one to three years in prison and a fine of up to $25,000.

However, offenders can alternatively be placed on probation for up to 30 months (rather than being sentenced to serve time in prison) if the court finds that imprisonment is not appropriate nor necessary given the circumstances.

Reach Out to Us Today for Help

The unlawful manufacture of a controlled substance in Illinois is a serious criminal offense that is often tried as a felony carrying a hefty prison sentence. Therefore, if you have been charged with unlawfully manufacturing a controlled substance in Illinois it is vital that you retain a passionate Rolling Meadows criminal defense lawyer who possesses the requisite experience and knowhow to vigorously defend you. At The Law Offices of Christopher M. Cosley our seasoned legal time tirelessly fights for the rights of clients throughout Illinois and would be happy to fight for you. Contact our Rolling Meadows office today to schedule your initial consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53

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