Illinois Drug Charges: Defenses, Maximum Penalties, and How to Beat Your Drug Case

Illinois laws on marijuana, cocaine, and heroin possession are among the toughest in the country. As the amount you are accused of possessing increases, so does the severity of the potential penalty.

Below you will find information on possible defenses to some of the more common drug charges and potential penalties. This information is provided to give you an idea of what you are facing. There is no substitute for speaking with an experienced Illinois criminal defense attorney about your case and it costs you nothing to do so. Please call 312.789.8050 today for a free consultation and case evaluation on your Illinois drug case.

How to Beat a Drug Case

Most defenses to drug charges fall into four categories:

1. Challenge the Stop or the Search: It is illegal for police to stop you without a specific reason. Even if the police do properly stop you, it is unconstitutional for police to search you without probable cause. If either the stop or the search was unconstitutional, any and all evidence obtained as a result of the illegal stop or search must be thrown out. Without the illegally obtained evidence, the case against you falls apart and must be thrown out.

2. Challenge "Possession": Maybe you were arrested because you were in a car with other people and the police found marijuana, cocaine, or heroin near you, but not on you. Or, perhaps no other people were with you, but the police found drugs near you in a backpack or glove compartment. Both of these are cases in which "possession" can be challenged; just being near to drugs does not mean they were in your "possession" or that you even knew about them.

3. An Invalid Search Warrant: Some drug cases involving a search of your home or business can be dismissed because of defects in the search warrant. A search warrant may be invalid for several reasons:

• Lack of probable cause,
• The information used to get the warrant was obtained from an unreliable source,
• The warrant was based on stale information. This can happen either because the warrant is based on old information, or, the warrant was based on fresh information but was not acted on promptly,
• The warrant does not identify the place and persons to be searched, or the items to be seized, with sufficient particularity.

4. Challenge the Chemical Makeup of the Alleged Drug: Before any amount of cannabis, heroin, or cocaine can be introduced into evidence, the prosecution must show that the evidence in the courtroom has (1) been chemically tested and that it actually is what the prosecution alleges it to be, and (2) is in the same condition as when it was recovered in the field. Many drug cases are dismissed because the prosecution is unable to provide the chemist in person at court to prove that the drug is what the prosecution says it is.

Space does not allow a list of all possible defenses to all possible drug charges in Illinois. These cases are always fact specific. Once you have reviewed this page, call our office at 312.789.8050 for a free case evaluation.

Penalties for Drug Charges in Illinois

Below is a table of potential penalties for:

• Marijuana possession and marijuana possession with intent to deliver,
• Cocaine possession and cocaine possession with intent to deliver, and
• Heroin possession and heroin possession with intent to deliver.

Remember that these represent maximum penalties. Just because an offense is punishable by jail time does not mean that you will be punished with jail time especially if you are a first offender. Furthermore, possible sentence enhancements may apply depending on your criminal background, whether a firearm was involved, or if the alleged crime took place near a school or church.

Marijuana Penalties in Illinois*
Weight (Grams)	Possession	Possession with Intent to Deliver
0-2.5	30 days	6 months
2.5-10	6 months	1 year
10-30	1 year	1-3 years
30-500	1-3 years	2-5 years
500-2,000	2-5 years	3-7 years
2,000-5,000	3-7 years	4-15 years
More than 5,000	4-15 years	6-30 years
*In addition, you may be fined the street value of the drug or up to $200,000.

Cocaine and Heroin Penalties in Illinois*
Weight (Grams)	Possession	Possession with Intent to Deliver
0-1	1-3 years	3-7 years
1-15	1-3 years	4-15 years
15-100	4-15 years	6-30 years
100-400	6-30 years	9-40 years
400-900	8-40 years	12-50 years
More than 900	10-50 years	15-60 years
*In addition, you may be fined the street value of the drug or up to $250,000.

What Should I Do if I am Being Accused of Marijuana, Cocaine, or Heroin Possession in Illinois?

By reading this page you have already finished the first step of educating yourself on what you are facing. As you can see, drug possession and delivery in Illinois are serious charges. Still, every case has its strengths that you may not see but that an experienced professional will. Even if you decide not to go to trial, there are many settlement and plea bargain options that may help you avoid jail time and may even prevent a conviction from appearing on your record.

Free Consultation on a Marijuana, Cocaine, or Heroin Case in Illinois

The next step is finding an experienced, trustworthy attorney to evaluate your case. The Law Office of Chris M. Shepherd has successfully defended against drug prosecutions in every court in Cook County as well as across Illinois. If you are being charged with marijuana, cocaine, or heroin charges, we can help protect your freedom and your record. Call us today for a free consultation with an experienced Illinois drug lawyer at 312.789.8050. We can listen to your case, ask the right questions, and suggest the best defenses.

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