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Archive for the ‘drug offenses’ tag

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

 

Narcotic Drug Laws in Illinois

February 20th, 2017 at 8:37 am

narcotic drug, Rolling Meadows Criminal Defense LawyerSome of the most commonly committed drug offenses in Illinois involve narcotic drugs. Criminal defendants across Illinois are arrested and charged with possession, sale, distribution, or manufacturing of narcotics, but do not fully understand what those charges mean.

Often, people are unclear on what a narcotic drug is, and instead merely know drugs by their street names—heroin, cocaine, opium. For clarification, under Illinois law, narcotic drugs include:

  • Opium and opiates, such as:
    • Oxycodone;
    • Codeine;
    • Hydrocodone;
    • Methadone; and
    • Hydromorphone.
  • Heroin;
  • Cocaine; and
  • Ecgonine (a cocaine-like substance).

Illinois is tough on drug offenses involving narcotic drugs because of their highly addictive nature, and people who use these drugs often form physical and psychological dependencies on these drugs. There is also a risk that a person taking these drugs could overdose.

More Information About the Illinois Controlled Substances Act

The Illinois Controlled Substances Act lays out the law concerning the possession, manufacture and distribution of controlled substances in Illinois. Substances that are considered controlled substances are broken down into five groups, or schedules. The schedules are arranged in descending order concerning risk of potential abuse and whether the substance has practical medical applications.

Schedule I substances have a high risk of abuse, and no accepted medical use. Schedule V substances, on the other hand, have a low risk of potential abuse, and have a high level of medical applicability. Opiates are generally classed as Schedule I substances, while cocaine and cocaine-like substances are classified as Schedule II substances.

If you have been charged with a narcotics offense, an experienced defense lawyer can help you identify the exact charges you are facing and what the possible consequences can be if you are convicted. Your lawyer will review your charging document to properly identify the controlled substance offense with which you are charged. Based on the Schedule of the narcotic your lawyer can identify the portion of the Controlled Substances Act that applies to your offense.

Being caught in possession of a narcotic drug substance is a felony, and the degree of felony depends on how much of the substance is found in your possession. The sale or distribution of a narcotic in Illinois is a felony as well. Similarly, the manufacture of narcotics is also a felony level offense. A felony conviction can have a serious and long-lasting impact on your life. You will need an experienced drug offenses lawyer to help you fight the charges against you.

Call The Law Offices of Christopher M. Cosley

Criminal charges for possession of a controlled substance, distribution, or manufacturing are serious and they carry significant penalties if you are convicted. It is important for you to work with a skilled Rolling Meadows criminal defense attorney who has experience handling drug cases like yours.

Source:

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

Drug Trafficking Is A Serious Offense in Illinois

September 12th, 2016 at 1:56 pm

Drug Trafficking Is A Serious Offense in IllinoisDrug trafficking is one of the more serious drug offenses, as people are often found to be transporting large quantities of drugs into and around the state. The purpose behind trafficking illegal drugs is to import large quantities of drugs into the state in order to distribute and sell those drugs in a smaller quantity to others. That is why law enforcement takes the responsibility of catching a drug trafficker so seriously.

What Is Drug Trafficking?

Drug trafficking charges are based on the type of drug that is being trafficked across state lines. If you are caught with large quantities of illegal drugs in Illinois, you can be charged with trafficking:

  • Controlled substances, such as heroin, cocaine, hallucinogens, depressants, stimulants and prescription drugs, under the Illinois Controlled Substances Act;
  • Marijuana, under 720 ILCS 550/4(f)-(g), i.e. possession of cannabis in a quantity of more than 2,000 grams; or
  • Methamphetamines, under 720 ILCS 646/56 of the Methamphetamine Control and Community Protection Act.

Generally speaking, drug trafficking can be defined as knowingly bringing a controlled substance or illegal drug into the state of Illinois, with the intent to deliver the controlled substance or drug elsewhere. It does not matter if the drugs or controlled substances are counterfeit. If the defendant had knowledge that they were bringing a controlled substance or drug into Illinois, the defendant can still find themselves in hot water with the law even though there were no real drugs involved.

Multiple Types of Drugs, Multiple Offenses

What can make drug trafficking charges worse is that if a suspect is caught with a variety of different drugs, they can be charged with multiple offenses.

Furthermore, it is not uncommon for those who are charged with drug trafficking to also be charged with other drug-related offenses, such as drug possession, drug distribution, or possession with intent to distribute.

What Are Some Defenses to Drug Trafficking Charges?

If you have been charged with drug trafficking, you need to get in touch with an experienced drug offense criminal defense lawyer immediately. You may have some defenses available to you, and your lawyer will help you determine what those defenses are based on your particular situation. Some examples of defenses that might be available to you include, but are not limited to:

  • You had no knowledge that the drugs were in your possession;
  • You were entrapped by law enforcement to transport the drugs;
  • You were under duress when you trafficked the drugs; or
  • You were temporarily insane.

Contacting A Rolling Meadows Drug Offenses Lawyer

If you are facing criminal charges for possession, possession with the intent to distribute, or drug trafficking, you should reach out to an experienced drug offenses lawyer for legal guidance on what you can do about your charges. Please do not hesitate to contact a Rolling Meadows criminal attorney immediately. Our office can assist you throughout your case.

Source:

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

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