Chicago, IL Drug Possession Lawyer

Knowledgeable Attorney for Possession of Controlled Substances in Chicago, Illinois

The use and abuse of controlled substances is an ongoing concern in Illinois, and people may be arrested for possession of these substances. Even a small amount of a controlled substance can lead to criminal charges, and a conviction may lead to jail or prison time and other penalties. In more serious cases, prosecutors may pursue enhanced charges, such as possession with intent to distribute, and harsher penalties may apply.

At Miranda Law Office, LTD, we understand the stress and uncertainty that comes with being accused of a drug crime. Attorney Miranda can provide effective representation for people charged with drug possession offenses in Chicago. With over 20 years of legal experience, including service as a former Cook County prosecutor, he has a deep understanding of the criminal justice system and the defense strategies that are most likely to be successful.

Types of Drugs That Can Lead to Criminal Charges

Under the Illinois Controlled Substances Act (720 ILCS 570), it is illegal to knowingly possess certain substances without a valid prescription. Controlled substances are classified into several groups known as "schedules" based on their potential for abuse and whether they have any valid medical uses. Some of the most common drugs that lead to possession charges include:

• Cocaine
• Heroin
• Methamphetamine (meth)
• MDMA (Ecstasy/Molly)
• LSD (acid)
• Fentanyl and other opioids
• Medications such as oxycodone or Xanax when possessed without a prescription

Possession of even small quantities of these substances can result in felony charges, depending on the type and amount of the drug involved.

Possession vs. Possession With Intent to Distribute

Illinois law makes a distinction between possession for personal use and possession with intent to deliver or distribute. Simple possession charges may apply if a person is accused of possessing a controlled substance for their own personal use. The severity of the charge will depend on the type and amount of the drug.

Possession with intent to deliver, on the other hand, is a more serious offense. A person may be charged with this offense if prosecutors believe that they intended to sell or distribute drugs. These charges may be based on the quantity of the substance, how it was packaged, or the presence of items such as scales, packaging materials, or large amounts of cash.

Possession of Cannabis in Illinois

Although Illinois legalized the recreational use of marijuana for adults over 21, cannabis possession can still result in criminal charges in some situations. Under the Illinois Cannabis Regulation and Tax Act (410 ILCS 705), adults may possess up to 30 grams of cannabis plants. The law also allows for possession of up to five grams of cannabis oils or other concentrates, as well as edibles or infused products with a maximum of 500 milligrams of THC.

A person could face criminal charges if they possess cannabis in amounts that exceed the legal limits. Transporting cannabis in a vehicle outside of a sealed, odor-proof container may also lead to criminal charges that are similar to those involving driving with an open container of alcohol in a vehicle. Minors under the age of 21 may face charges for the possession of any amount of cannabis. Other charges may be related to the sale or distribution of cannabis without a license.

Diversion Programs and First-Offender Options in Illinois

For people facing drug possession charges for the first time, the state of Illinois offers several programs designed to provide alternatives to traditional prosecution and sentencing. These programs focus on rehabilitation rather than punishment, and they can help a person avoid a permanent criminal record. At Miranda Law Office, LTD, we help clients determine their eligibility for these programs, and we work to ensure that they can keep their records clean and minimize their long-term consequences. We can help determine whether clients may qualify for:

TASC Probation

The Treatment Alternatives for Safe Communities program, which is defined in 20 ILCS 301/40-10, allows eligible defendants may be placed in a treatment program as an alternative to prison. Successful completion can result in the dismissal of criminal charges.

Deferred Prosecution Programs

In Cook County, some first-time offenders may qualify for programs that will suspend prosecution while they complete counseling, treatment, or community service. Upon successful completion, charges will be dropped, and no conviction is entered.

Second Chance Probation

Under 730 ILCS 5/5-6-3.4, certain non-violent drug offenses may qualify for Second Chance Probation. Completion of the program will result in the dismissal of charges and no criminal conviction.

Drug Court

For defendants who are struggling with addiction, Cook County's Drug Court offers an intensive supervision and treatment program as an alternative to incarceration.

Contact Our Chicago, Illinois Drug Possession Defense Attorney

When you have been arrested for drug possession, it is critical to act quickly to protect your rights and explore your legal options. Miranda Law Office, LTD can provide you with experienced legal representation, and we will work to minimize or avoid the serious consequences of a conviction. We provide bilingual services in English and Spanish. Contact our Chicago drug possession defense lawyer by calling 773-588-3822 and scheduling a consultation.