Actual Possession vs. Constructive Possession
According to Illinois law, ‘possession' can break down into actual possession or constructive possession.
Actual possession occurs when you are found in physical possession of the controlled substance. Constructive possession, on the other hand, occurs when you are not in physical possession of the controlled substance, but have knowledge of it, an intent and ability to maintain control over it, and/or control over the location of the controlled substance. Common cases of constructive possession include when controlled substances are found in your residence or in your car.
Penalties for Possession of a Controlled Substance
The penalties for possession can vary depending on the type and amount of the controlled substance found in your possession.
Cocaine Possession
In Illinois, possession of cocaine is a felony. The following is a chart describing sentencing guidelines in Illinois for possession of cocaine.
| AMOUNT IN POSSESSION | CRIME CLASSIFICATION | SENTENCING | FINES |
|---|---|---|---|
| 1 – 14 grams | Class 4 Felony | 1 – 3 years | Up to $25,000 |
| 15 – 99 grams | Class 1 Felony | 4 – 15 years | Up to $200,000 |
| 100 – 399 grams | Class 1 Felony | 6 – 30 years | Up to $200,000 or the full street value of controlled substance |
| 400 – 899 grams | Class 1 Felony | 8 – 40 years | |
| 900 grams or more | Class 1 Felony | 10 – 50 years |
Marijuana
New Illinois laws passed in 2016 decriminalizes possession of small amounts of marijuana and charges possession of up to 10 grams of marijuana as a civil violation with a maximum fine of $200.
| AMOUNT IN POSSESSION | CRIME CLASSIFICATION | SENTENCING | FINES |
|---|---|---|---|
| 0 – 10 grams | Civil Violation | None | Up to $200 |
|
11 – 30 grams First Offense Subsequent Offenses |
Misdemeanor Felony |
Up to 1 year 1 – 6 years |
Up to $2,500 Up to $25,000 |
|
31 – 500 grams First Offense Subsequent Offenses |
Felony | 1 – 6 years 2 – 10 years |
Up to $25,000 |
| 501 – 2000 grams | Felony | 2 – 10 years | |
| 2001 – 5000 grams | Felony | 3 – 14 years | |
| More than 5000 grams | Felony | 4 – 30 years |
Contact our Top Chicago Drug Crimes Defense Attorneys – DuPage County
In any case, a misdemeanor or felony conviction for drug possession can have a negative and long-lasting impact on your life and your future. If you are facing possession charges and looking at a possible misdemeanor or felony conviction, it is in your best interest to seek quality legal representation in an experienced drug crimes defense attorney and discuss your options.
To speak to an attorney today or to schedule a free consultation, contact Dolci & Weiland drug crimes defense lawyers.
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