Possessing or harboring a controlled substance with the purpose or intention of selling or delivering it is classified as a felony according to Illinois statutes. A felony offense is punishable by a fine and a year or more in prison. The “intent to deliver” simply means that the accused is planning to sell or distribute the controlled substance.
Potential Punishments in Illinois for “Possession of a Controlled Substance with Intent to Deliver”
This felony offense usually involves controlled substances such as heroin, cocaine, methamphetamine, LSD, ecstasy, or mushrooms. Potential punishments include the following:
- Below one gram – Class 3 Felony that is punishable by prison time of three to seven years in the DOC or Department of Corrections, with a fine up to $200,000. Possible probation.
- One to 15 grams – Class 1 Felony with imprisonment of four to 15 years and a fine not exceeding $250,000. Possible probation.
- 15 to 100 grams – Class X Felony, which means that probation is not possible. Punishable by six to 30 years of prison time and a fine of $500,000 maximum.
- 100 to 400 grams – Class X Felony, with Super X enhancement, with a prison sentence between nine and 30 years and a fine not more than $500,000. A Super X offense is referred to as such since its potential sentence is more severe than a normal Class X offense.
- 400 to 900 grams – Class X Enhanced or Super X Felony punishable by 12 to 50 years imprisonment and a fine not exceeding $500,000.
- 900 grams and above – Class X Felony, with Super X Enhancement punishable by 15 to 60 years in prison and a maximum fine of $500,000.
The Importance of Obtaining Legal Aid
The main issue with a charge of “Possession of a Controlled Substance with Intent to Deliver” is whether you’ll risk being put to trial and a possible guilty verdict or just agree to a reduced charge, says criminal defense attorneys in Lincoln IL, noll-law.com.
However, the only way you can obtain a reduced charge is to reduce your offense to a lower class, and the only way you can achieve this is by having legal representation. It is vital then that your defense lawyer has experience with drug cases and knows the ins and outs of Illinois drug laws, as well as potential defenses you can use in your case.