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It is a crime to own a controlled substance as per the Illinois Controlled Substance Act. The offense is referred to as unlawful possession of a controlled substance (UPCS). The offense carries multiple penalties depending on the substance and the amount in your possession.
(This does not include cannabis, which is now considered a legal substance provided it is within legally established limits).
Controlled Substances and Possession Penalties
Possession of a controlled substance is considered a felony offense in the state. The following are some of them, which can land you in trouble with the law, along with the penalties you can face for each:
15 to 99 grams of heroin can result in 4 to 15 years in prison, 100 to 399 grams can lead to 6 to 30 years in prison, and 900+ grams can lead anywhere from 10 to 50 years in prison.
If caught with 200 grams of peyote, you can face 4 to 15 years in prison.
You face 4 to 15 years in prison if you are found with 15 to 99 grams of meth and 10 to 50 years for 900+ grams of the substance.
Amphetamine and Ketamine
If you are caught with 200 grams of amphetamine, you can land in prison for 4 to 15 years. The same will be the case if you are found with 30+ grams of ketamine.
Besides incarceration penalties, if you are found with any of the substances mentioned above in your possession, you can face a fine amounting to $200,000. The amount can exceed this figure as per the street value of the substance found.
What Happens If You Are Found In Possession of a Controlled Substance?
You can face severe consequences if controlled drugs are found on you, in your home, and even in your vehicle. If you are convicted, you may not be able to find gainful employment or even a place to stay when you get out of prison.
Employers and landlords will vary of you if they find out about the conviction. A simple background check will bring it up, and there is nothing you can do to wipe it clear. You may not even be able to acquire professional licensing, immigrate to another country, or even a student loan.
However, to charge you with the crime, the prosecution has to prove three things: the identity of the controlled substance, that you knowingly possessed it, and that it was in your actual and constructive possession at the time of your arrest. All of these aspects have to be proven without a reasonable doubt, or you cannot be convicted.
Get In Touch With Michael D. Ettinger & Associates For Your Legal Defense
If you are found in possession of a controlled substance, get in touch with us at Michael D. Ettinger & Associates. Our drug charges lawyer in Palos Heights can use several defenses to get those charges cleared. This includes lack of knowledge, entrapment, coercion, or that you have a prescription for the substance in your possession.