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What is the Difference Between Drug Possession and Drug Trafficking?

What is the Difference Between Drug Possession and Drug Trafficking?

Under Illinois state law, the possession and trafficking of controlled dangerous substances (CDS) is illegal and punishable as a criminal offense. Illinois identifies their CDS in one of five different “schedules,” which categorizes the drugs by their potential for abuse and if they are used for legit medical purposes.

Possession of CDS in Illinois

If you are found to be in possession of a CDS or any tool used to manufacture these drugs, you could be charged with drug possession.

The following is the breakdown of penalties associated with each type of drug possession offense:

  • Class 1 Felony Possession: More than 15 grams of any of the following substances
    • Heroin, cocaine, morphine, LSD, peyote, barbituric acid, amphetamines, pentazocine, methaqualone, and PCP
  • Class 4 Felony Possession: Less than 15 grams of any of the following substances
    • Heroin, cocaine, morphine, LSD, peyote, barbituric acid, amphetamines, pentazocine, methaqualone, and PCP
  • Marijuana Charges: Offenses related to Marijuana are broken down by amount of marijuana found in your possession
    • Class 1 Felony: More than 5,000 grams
    • Class 2 Felony: 2,001-5,000 grams
    • Class 3 Felony: 501-2,001 grams
    • Class 4 Felony: 31-500 grams
    • Class A Misdemeanor: 11-30 grams
    • Class B Misdemeanor: 2.6-10 grams
    • Class C Misdemeanor: 2.5 grams or less

Drug Trafficking Charges in Illinois

When a person intentionally brings or helps to bring controlled or counterfeit substances into Illinois to manufacture or deliver, or with the intent to manufacture or deliver, they may be charged with drug trafficking.

For the prosecutor to be able to prove that an individual is guilty of drug trafficking, they must prove the following:

  1. That the defendant knowingly trafficking in the CDS
  2. That the defendant actually brought the CDS into Illinois
  3. That the defendant brought in the CDS with the intention of delivering it elsewhere

Penalties for drug trafficking are as follows:

  • Fines up to $75,000 and up to $1,000,000 depending on the severity of the drug trafficking offense
  • Imprisonment for drug trafficking crimes can be twice the maximum term for felony offenses, which is 30-120 years in prison

No matter what type of drug crime you are facing in Chicago or anywhere else in Illinois, you need an aggressive legal defense. You need an advocate who knows the ins and outs of the criminal justice system.

Call the Law Offices of Gemma B. Dixon today because you cannot afford to plead guilty.