Illinois Manufacturing or Delivery of Controlled Substance

The Law – 720 ILCS 570/401

It is unlawful to knowingly manufacture or deliver, or possess with the intent to manufacture or deliver, a controlled or counterfeit substance or controlled substance analog.

WHAT IS A “COUNTERFIET SUBSTANCE”?

A counterfeit substance means a controlled substance, which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance.

WHAT IS AN “ANALOG”?

Analog means a substance which is intended for human consumption, other than a controlled substance, that has a chemical structure substantially similar to that of a controlled substance, or that was specifically designed to produce an effect substantially similar to that of a controlled substance.

Illinois bans the manufacturing, delivering, or possession with the intent to manufacture or deliver: a controlled substance, a counterfeit substance as defined by the statute or analogs of controlled substances. The list of “controlled substances” is long and expansive. The complete list of what is considered a controlled substance is found under this law, but our discussion will focus on the most prevalent controlled substances.

These controlled substances that will be focused on in this article include:

Heroin Cocaine
Peyote Morphine
Barbituric Acid Lysergic Acid
Methylenedioxypyrovalerone (which is commonly found in “Bath Salts”)
JWH chemicals (which is commonly found in synthetic marijuana such as “Spice” or “K2”)

 

While delivering and manufacturing a controlled substance seems clear, issues arise when an individual is charged with Possession with Intent to Deliver a Controlled Substance. Often, because there is a lack of direct evidence tending to show that the possessor intended to deliver the controlled substance in exchange for money or other items, the state will have to rely on circumstantial evidence that raises a reasonable inference that the possessor of the narcotics intended to deliver or distribute them. Some circumstantial evidence that would lend support to the inference that the possessor intended to sell or deliver the controlled substances, counterfeit substances or analogs would include, but is not limited to: the presence of a scale used to weigh small amounts of controlled substance, the presence of small bags used to transport the controlled substance from buyer to seller, the discovery of beta alanine powder (often used to “cut” controlled substances like cocaine), or encapsulation machines and empty gelatin capsules use for the sale, consumption or transfer of controlled substances.

Success Story: We have successfully defended numerous clients regarding these serious charges. The penalties upon conviction are severe.

We have had search warrants thrown out, resulting in dismissal of the charges.

We have initiated hearings before a judge, requesting that the court find that the seizure of the illegal substances was the result of an unlawful search or an unlawful vehicle stop. Many of these hearings have resulting in the charges against our clients being dismissed.

We are able to analyze facts and recognize critical issues that may help our clients. We are meticulous in our investigation and research into issues and are not afraid to hold the police accountable for following the law and the Constitution in conducting stops and searching vehicles and premises.

Additionally, the state must show that the individual charged knowingly delivered, manufactured, or possessed with the intent to deliver a controlled substance. In this respect, the law will not punish an individual who did not know, or could not have known, that he or she was delivering, making or possessing with the intent to make or deliver a controlled substance. For instance, if a person retrieved their roommates aspirin bottle to give an aspirin to their friend they had a headache, and it turns out that the bottle actually contained hydrocodone, a controlled substance, then that person who retrieved the bottle cannot be convicted of delivery of a controlled substance because he or she did not know, or could not have known, that the item was in fact hydrocodone.

The Sentence

SENTENCING FOR DELIVERY, MANUFACTURING OR POSSESSSON WITH INTENT TO DELIVER HEROIN, COCAINE OR MORPHINE

AMOUNT

SENTENCE

PRISON TERM

MAXIMUM FINE

2nd OR SUBSEQUENT PRISON TERM

2nd OR SUBSEQUENT MAXIMUM FINE

14.9 grams or less

Class 1 Felony

4 to 15 years

Up to $250,000 

8 to 30 years

Up to $500,000

15 to 99.9 grams

Class X Felony

6 to 30 years

Up to $500,000 or street value

12 to 60 years

Up to $1,000,000 or street value

100 to 399.9 grams

Class X Felony

9 to 40 years

Up to $500,000 or street value

18 to 80 years

Up to $1,000,000 or street value

400 to 899.9 grams

Class X Felony

12 to 50 years

Up to $500,000 or street value

24 to 100 years

Up to $1,000,000 or street value

900 grams or more

Class X Felony

15 to 60 years

Up to $500,000 or street value

30 to 120 years

Up to $1,000,000 or street value

 

SENTENCING FOR DELIVERY, MANUFACTURING OR POSSESSSON WITH INTENT TO DELIVER PEYOTE OR BARBITURIC ACID

AMOUNT

SENTENCE

PRISON TERM

MAXIMUM FINE

2nd OR SUBSEQUENT PRISON TERM

2nd OR SUBSEQUENT MAXIMUM FINE

49.9 grams or less

Class 3 Felony

2 to 5 years

Up to $150,000 

4 to 10 years

Up to $300,000 

50 to 199.9 grams

Class 1 Felony

4 to 15 years

Up to $250,000 

8 to 30 years

Up to $500,000

200 grams or more

Class X Felony

6 to 30 years

Up to $500,000 or street value

12 to 60 years

Up to $1,000,000 or street value

 

SENTENCING FOR DELIVERY, MANUFACTURING OR POSSESSSON WITH INTENT TO DELIVER LSD

AMOUNT

SENTENCE

PRISON TERM

MAXIMUM FINE

2nd OR SUBSEQUENT PRISON TERM

2nd OR SUBSEQUENT MAXIMUM FINE

14.9 grams or less

Class 2 Felony

4 to 15 years

Up to $200,000 

8 to 30 years

Up to $400,000

15 to 99.9 grams (or 15 to 199 objects containing LSD)

Class X Felony

6 to 30 years

Up to $500,000 or street value

12 to 60 years

Up to $1,000,000 or street value

100 to 399.9 grams (or 200 to 599 objects containing LSD)

Class X Felony

9 to 40 years

Up to $500,000 or street value

18 to 80 years

Up to $1,000,000 or street value

400 to 899.9 grams (or 600 to 1,499 objects containing LSD)

Class X Felony

12 to 50 years

Up to $500,000 or street value

24 to 100 years

Up to $1,000,000 or street value

900 grams or more (or 1,500 objects containing LSD or more)

Class X Felony

15 to 60 years

Up to $500,000 or street value

30 to 120 years

Up to $1,000,000 or street value

 

SENTENCING FOR DELIVERY, MANUFACTURING OR POSSESSSON WITH INTENT TO DELIVER METHYLENEDIOXYPYROVALERONE OR ANY JWH CHEMICAL

SENTENCE

PRISON TERM

MAXIMUM FINE

2nd OR SUBSEQUENT PRISON TERM

2nd OR SUBSEQUENT MAXIMUM FINE

Class 3 Felony

2 to 5 years

Up to $150,000

4 to 10 years

Up to $300,000

 

Probation Possible? Yes, on charges other than Class X offenses.

Supervision Possible? No.

Time to be served: 75% of sentence imposed on Class X charges

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