Search
Facebook Twitter Our Blog
The Law Offices of Christopher M. Cosley
24 HOUR ANSWERING | 847-394-3200
SERVICE

1855 Rohlwing Road, Suite D, Rolling Meadows, IL 60008

24 HOUR ANSWERING SERVICE

Archive for the ‘drug possession’ tag

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

Drug Paraphernalia is Illegal in Illinois

August 28th, 2017 at 11:10 am

drug paraphernalia, drug possession, Rolling Meadows criminal defense lawyer, Illinois drug charges, Illinois drug crimesDid you know that under some circumstances it is illegal to possess drug paraphernalia in Illinois? In fact, you can be arrested and charged with a crime if you possess drug paraphernalia with the intent to use that paraphernalia to ingest an illegal substance, regardless of whether or not you also had drugs on you at the time. 

Illinois’ Unlawful Possession of Drug Paraphernalia Statute

Under code section 720 ILCS 600/3.5 of the Illinois Compiled Statutes it is illegal to knowingly possess drug paraphernalia with the intent to use the paraphernalia to take cannabis or a controlled substance (or to prepare cannabis or a controlled substance to be taken).

Unlawful possession of drug paraphernalia is a Class A misdemeanor that is punishable by a minimum fine of $750 and that can be punished by a fine of up to $2,500 and/or up to one year in jail.

The Federal Drug Paraphernalia Statute

It should be noted that federal law also criminalizes possessing drug paraphernalia under some circumstances. For example, under code section 21 U.S. Code § 863 it is illegal for any person to (1) sell (or offer to sell) drug paraphernalia, (2) use the mail or another form of interstate commerce to transport drug paraphernalia, or (3) import or export drug paraphernalia. Violating this code section is punishable by imprisonment for up to three years and payment of a fine.

What Qualifies as Drug Paraphernalia?

Illinois law defines “drug paraphernalia” as any equipment, product, or material (other than methamphetamine manufacturing materials) that are intended to be unlawfully used in propagating, planting, cultivating, harvesting, growing, manufacturing, converting, compounding, processing, producing, testing, preparing, packaging, analyzing, storing, repackaging, concealing, containing, injecting, inhaling, ingesting, or otherwise introducing into the human body cannabis or a controlled substance.

Examples of items frequently deemed to be drug paraphernalia include:

  • Syringes,
  • Needles,
  • Small scales,
  • Glass and metal pipes,
  • Ice pipes or chillers,
  • Isomerization devices used to increase the potency of cannabis or another plant,
  • Testing equipment used to determine the effectiveness, strength, or purity of cannabis or a controlled substances,
  • Diluents and adulterants used to cut cannabis or a controlled substance,
  • Roach clips, and
  • Cocaine freebase kits.

Federal law defines drug paraphernalia in essentially the same way that Illinois law does. The exact wording of the federal definition can be found in code section 21 U.S. Code § 863(d).

Reach Out to Us for Help

If you have been charged with unlawful possession of drug paraphernalia, or some other drug-related crime in Illinois, contact the experienced Rolling Meadows drug paraphernalia possession lawyers of The Law Offices of Christopher M. Cosley. Our firm is committed to providing exceptional legal representation to those who are in need of strong, aggressive, and supportive legal counsel and we would be happy to assist you. To discuss your legal options with one of our experienced lawyers during a free initial consultation, contact our Rolling Meadows office today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1947&ChapterID=53

MDMA Possession in Illinois

February 6th, 2017 at 8:37 am

MDMA possession, Rolling Meadows Criminal Defense LawyerOne type of controlled substance that is particularly popular with young people is a drug known as MDMA. Its scientific name is 3,4-methylenedioxy-methamphetamine, and it belongs to the family of drugs more commonly known as methamphetamines.

MDMA, which is more commonly referred to by young people as Ecstasy or Molly, is a synthetic drug, which is taken in order to affect a person’s mood. The drug causes a sense of euphoria and pleasure, which can last for many hours. It is a drug often taken while at parties and dance clubs, but use of MDMA can happen anywhere.

Possession of MDMA is Illegal in Illinois

MDMA was linked to many drug-induced deaths in Illinois in the early 2000s, which prompted Illinois lawmakers to take a firm stance against the drug, imposing very strict consequences for possession, sale, and distribution of drugs like MDMA. It is a felony offense to be found in possession of even a single tablet of MDMA under the Possession of a Controlled Substance laws in Illinois. Possession of MDMA with no other evidence to suggest you intended to commit further illegal activity is known as simple possession.

Alternatively, if there is evidence to suggest other criminal activity, such as a scale or small baggies that indicate an intent to sell or distribute the MDMA in your possession, you could be charged with possession with intent to deliver. Depending on how much MDMA is found in a person’s possession determines how much potential jail time they could face. In any case, being found in possession of MDMA means that you are looking at years of jail time.

You Need a Lawyer if You Are Facing MDMA Possession Charges

Being charged with a drug offense can be stressful and intimidating, especially if this is your first major encounter with the law. Anyone who is facing criminal drug charges needs to hire an experienced criminal defense lawyer to help prepare and present his or her defense to the court. Since MDMA possession charges are at the felony level, fighting the charges pending against you is all the more important. You will need the help of an experienced criminal defense lawyer with a proven track record of success defending against drug charges like MDMA possession.

One of the key elements that must be proven in a drug possession case is that you knew you were in possession of the drug. You could have a viable defense if you had no knowledge about the drug that was found in your possession. There could also be possible defenses to your charges if law enforcement conducted an illegal search and seizure, or if your arrest was illegal.

With any criminal drug case, your goal is always to have your charges dismissed because you have a good defense to the charges pending against you. However, sometimes a dismissal is simply impossible due to the circumstances surrounding your offense. In such cases, it is best to try and obtain reduced charges. A skilled lawyer will know how best to advise you concerning your criminal drug charges.

Contacting a Rolling Meadows Drug Offenses Lawyer

If you are facing MDMA possession charges, please contact a passionate Rolling Meadows criminal defense attorney at our office. We are available to assist you immediately.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K402

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K401

The Difference Between Actual and Constructive Possession of Drugs

July 20th, 2016 at 6:00 am

Rolling Meadows Drug Crimes AttorneyDrug possession is one of the most common drug charges that criminal defendants face. When it comes to drug possession, whether it’s marijuana, heroin, methamphetamine, prescription pills or other controlled substances, it is important to understand that there are two types of drug possession: actual possession and constructive possession.

What Is Actual Possession of Drugs?

Actual possession arises when you are caught with the drugs on your person. This might mean that the drugs were found by law enforcement who are conducting a search, in your pocket, or tucked away in some other article of your clothing. Actual possession can also be established if you are found with drugs in your purse or backpack that you are carrying with you when you are searched.

Drug charges based on actual possession are tough to defend against since you are basically caught red-handed. But just because drugs were found on your person does not necessarily mean that you had knowledge that you were carrying drugs (someone else could have slipped the drugs in your purse or pocket), or that the drugs are yours. Furthermore, the drugs can only be entered as evidence against you if the stop conducted by the police officers, the search, and the seizure were all done legally.

What Is Constructive Possession of Drugs?

Constructive possession arises when drugs are found somewhere that can be associated with your control. For instance, if drugs are found in your bedroom, in your house or apartment, in your car or trunk, in your shed, in your field, in your locker, etc., you can be considered as having constructive possession of the drugs since these places are linked to your ownership or control.

Drug charges based on constructive possession are easier to fight since there may be a lot of opportunities for other people to have intervened and placed the drugs in or on property that can be associated with you. While it is tough to argue that drugs found in a secret box stashed under your bed were put there by someone else, it is possible that drugs could have been left in your home or car by a friend, for example. It is also possible that someone else was trespassing on your property and planted marijuana plants in your field. When other people have access to these areas, it becomes increasingly more difficult to demonstrate your possession.

How Can a Drug Possession Criminal Defense Lawyer Help?

An experienced criminal defense lawyer can help you fight the drug possession charges that you are facing by chipping away at the prosecution’s case against you. Your lawyer will determine whether you are accused of having actual or constructive possession of the drugs, and will identify any and all possible defenses that you could raise. Please do not hesitate to contact a Rolling Meadows drug crimes attorney immediately.

Source:

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

Getting Caught With Drug Paraphernalia in Illinois

February 25th, 2016 at 7:50 am

drug paraphernalia, Rolling Meadows Drug Crimes AttorneyIt is all too common for criminal defendants to be arrested because they are in possession of drug paraphernalia. Even if you have absolutely no drugs on you at the time the arrest is made, law enforcement can still bust you for having the tools necessary to use drugs under 720 ILCS 600, also referred to as the Illinois Drug Paraphernalia Act. When a person knowingly has the drug paraphernalia in their possession, it is difficult to refute the charges.

Drug Paraphernalia That Can Get You Arrested in Illinois

There are several types of drug paraphernalia that can get you into trouble with law enforcement. A few common examples include:

  • Marijuana bongs and pipes;
  • Crack pipes;
  • Syringes, when the person in possession of the syringes lacks a medical condition that would justify him or her having syringes;
  • Cocaine spoons or cocaine vials;
  • Lab equipment for use in manufacturing methamphetamines;
  • Drug baggies or balloons;
  • Measuring scales; and
  • Roach clips.
  • However, Illinois drug paraphernalia law also cover the equipment, chemicals and tools required to cultivate, or grow marijuana as well.

Regardless of the type of drug paraphernalia that is found in your possession, all drug paraphernalia charges are treated the same. A person who is found with a bong in his or her possession is treated just the same as a person who is found with a cocaine vial in his or her possession, or someone who is found with heroin needles.

But What About Headshops? They Sell Bongs

There are countless shops and stores that legally sell smoking apparati to customers. These establishments are permitted to sell these pipes and devices because these devices can also be used to smoke legal substances. In order to be charged under the Illinois Drug Paraphernalia Act, the drug paraphernalia must be sold or in your possession with the intent to use the paraphernalia to use illegal drugs.

What Are Some Defenses to Drug Paraphernalia Charges?

There are a number of defenses that can be raised against drug paraphernalia charges, and which ones are applicable depend on the specific circumstances a criminal defendant is facing. For instance:

  • Someone who has a medical reason to be in possession of hypodermic needles may lack the intent to use the needles to do illegal drugs;
  • Someone who does not know that the drug paraphernalia is in his or her possession might have a defense against the charges; and
  • If the drug paraphernalia was found during a search, was the search conducted by law enforcement proper? Was a warrant necessary? Did the law enforcement have one? Was there reasonable suspicion to conduct a search?

Reach Out to Us for Assistance

Possession of drug paraphernalia is a serious criminal charge, and an experienced criminal defense lawyer will be able to help you identify your legal options and can help prepare your strongest possible defense. Please do not hesitate to contact a Rolling Meadows drug crimes attorney immediately at the Law Offices of Christopher M. Cosley. We are happy to help you today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1947&ChapterID=53

Illinois Medical Marijuana Pilot Program Conditions

November 12th, 2015 at 2:34 pm

Illinois defense attorney, Illinois drug laws, Illinois criminal lawyer,Illinois Compassionate Use of Medical Cannabis Pilot Program, codified as 410 ILCS 130 et seq., is a temporary test program that will run until the end of 2017, which allows Illinois residents with qualifying medical conditions and diseases to have access to medical marijuana as part of their treatment or pain management regimen. Patients who are eligible under the Act must have a debilitating medical condition as defined in the Act, which includes 39 different conditions, including:

  • Cancer;
  • Glaucoma;
  • Hepatitis C;
  • Spinal cord disease or a spinal cord injury;
  • Parkinson’s disease;
  • Muscular dystrophy;
  • Traumatic brain injuries or post-concussion syndrome;
  • Rheumatoid arthritis;
  • Fibrous dysplasia;
  • Wasting syndrome;
  • Lupus;
  • Seizures; or
  • A handful of other rare and painful conditions.

Eight New Conditions for Inclusion in the Medical Cannabis Pilot Program

At the beginning of October, the Medical Cannabis Advisory Board provided a recommendation that an additional eight health conditions be added to the list of health conditions that are eligible for access to medical marijuana, including:

  • Post-traumatic stress disorder;
  • Chronic pain syndrome;
  • Autism;
  • Osteoarthritis;
  • Pain due to trauma;
  • Chronic postoperative pain;
  • Intractable pain; and
  • Irritable bowel syndrome.

These eight health conditions are not yet officially included as part of the Illinois Compassionate Use of Medical Cannabis Pilot Program. The Illinois Department of Public Health must first approve these eight conditions, and then develop administrative rules concerning medical marijuana use for these conditions, before they can officially be included as eligible.

The Basics of the Compassionate Use Act

Under the Act, a qualified and registered patient may use and possess a quantity of marijuana within the confines of the Act. Similarly, the qualified and registered patient’s registered and designated caregiver may also possess a quantity of medical marijuana on behalf of the patient.

However, there are restrictions on the use and possession of medical marijuana under the Act. For instance, it is still illegal to have or use medical marijuana in a school bus, on the grounds of a school, or at any home that also serves as a child care facility. Medical marijuana can only be transported in a vehicle so long as it is in closed and sealed packaging and can never be used while operating a motor vehicle. Medical marijuana cannot be used in a public place, or in the presence of anyone under the age of 18 years old.

So even if you are someone who is eligible to participate in the Compassionate Use of Medical Cannabis Pilot Program, and even if you have registered for the program and have obtained the appropriate identification card, the Compassionate Use Act is not a free pass to do whatever you like when it comes to your medical marijuana. The laws regulating the use of medical marijuana are strict, and if you violate them, you will be prosecuted.

Medical marijuana is still relatively new in Illinois, and people who are authorized under the Compassionate Use Act may inadvertently end up in trouble with the law: either for improper possession, transportation or use of the drug. If this happens to you, you will need the assistance of a skilled criminal defense lawyer.

Call the Law Offices of Christopher M. Cosley

If you are permitted to possess and use marijuana for medical purposes, but have been charge with a drug offense, please contact an experienced Rolling Meadows criminal defense attorney immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 for immediate assistance.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3503&ChapterID=35

http://www2.illinois.gov/gov/mcpp/Pages/default.aspx

Drug Possession: Using Legal Substances to Get High May Not Be Legal

March 11th, 2015 at 6:24 pm

Illinois criminal defense attorney, Illinois defense lawyer, Illinios drug crimes attorney,The so-called War on Drugs has been dragging on in the United States for decades. Despite law enforcement’s seemingly unending obsession with prosecuting drug laws, the use of illegal substances continues on. While many drug users are undeterred by the illegality of drug possession, others do fear the possibility of facing criminal charges or losing their jobs if they get caught with an illegal substance. So some of them, particularly younger people, result to using otherwise legal substances to get high. The theory is that if the substance is legal then they can not be prosecuted for using it. While this may make sense, in at least some cases it is not true.

Huffing or Inhaling a Perfectly Legal Substance to Get High is a Crime in Illinois

Many people, especially young people, “huff” or inhale regular household products or other legally possessed chemicals in order to experience a high. Doing this is a crime in Illinois. The law that makes it a crime is called the “Use of Intoxicating Compounds Act.” Under this law it is a crime to ingest, breath, inhale, or drink any compound, liquid, or chemical for the purpose of getting high. Additionally, it is a crime to sell any compound, liquid, or chemical that will induce an intoxicated condition to a minor under the age of 17 without the written permission of the minor’s parent or guardian. Its illegal to make a such a sale to a person of any age if you have a reason to know that the purchaser’s intent is to use the substance to get high. Depending on how many times a person is found guilty of a crime under this law and the type of substance involved, the crime can be a misdemeanor or a felony.

What About Kratom?

It may seem that kratom is still legal since it is a plant rather than a chemical, compound, or liquid. Kratom is made from a plant called mitragyna speciosa. It is usually consumed as a tea and in some people it can produce intoxicating effects. In Illinois, however, there is a law called the Kratom Control Act. While it does not address kratom use by adults, it does make it illegal for anyone under the age of 18 to purchase or possess kratom. It also makes it a crime to use a false identification card to obtain kratom. Committing either of these offenses is a Class B misdemeanor. It is also a Class B misdemeanor to sell or give kratom to a minor.

Call the Law Offices of Christopher M. Cosley

When you are charged with a drug-related offense, or any crime, you need an experienced and dedicated Rolling Meadows criminal defense attorney on your side. You should call the Law Offices of Christopher M. Cosley. We will listen to your side of the story and fight to get you the best possible outcome. Reach out to us today at (847)394-3200.

Back to Top Back to Top Back to Top