The Illinois Controlled Substances Act criminalizes the improper use of hundreds of various drugs. For instance, Chapter 720 ILCS 570/102(m) of the Illinois Compiled Statutes has defined Depressant or Stimulant Substance as follows:

"Depressant" or "stimulant substance" means:
(1) a drug which contains any quantity of (i) barbituric acid or any of the salts of barbituric acid which has been designated as habit forming under section 502 (d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352 (d)); or
(2) a drug which contains any quantity of (i) amphetamine or methamphetamine and any of their optical isomers; (ii) any salt of amphetamine or methamphetamine or any salt of an optical isomer of amphetamine; or (iii) any substance which the Department, after investigation, has found to be, and by rule designated as, habit forming because of its depressant or stimulant effect on the central nervous system; or
(3) lysergic acid diethylamide; or
(4) any drug which contains any quantity of a substance which the Department, after investigation, has found to have, and by rule designated as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect.

Chapter 720 ILCS 570/102(aa) of the Illinois Compiled Statutes also defines other drug terms, such as Narcotic Drug:

"Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1) opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;
(2) any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (1), but not including the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salts, compound, isomer, salt of an isomer, derivative, or preparation of coca leaves including cocaine or ecgonine, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine (for the purpose of this paragraph, the term "isomer" includes optical, positional and geometric isomers).

 

Controlled Substance Lawyers

Illinois law recognizes numerous controlled substances. These substances include such drugs as prescription pills, steroids, cocaine and heroin. The penalties associated with drug possession vary greatly depending on the drug and the amount. Possession (PCS) of certain types of drugs or certain amounts of drugs may trigger mandatory sentencing provisions. Furthermore, a conviction for the manufacture or sale of drugs may result in extensive imprisonment and fines.

 

The Compiled Statutes of Illinois indicate that “…it is not the intent of the General Assembly to treat the unlawful user or occasional petty distributor of controlled substances with the same severity as the large‑scale, unlawful purveyors and traffickers of controlled substances. However, it is recognized that persons who violate this Act with respect to the manufacture, delivery, possession with intent to deliver, or possession of more than one type of controlled substance listed herein may accordingly receive multiple convictions and sentences under each Section of this Act. To this end, guidelines have been provided, along with a wide latitude in sentencing discretion, to enable the sentencing court to order penalties in each case which are appropriate for the purposes of this Act.”

 

The best outcome for a person facing a controlled substance charge is to convince the prosecution to dismiss the case. However, if the prosecution is unwilling to dismiss the case, our experienced attorneys can review your case to determine whether a defense may apply. In most cases, the prosecutor must prove guilt beyond a reasonable doubt, so if an agreement cannot be reached with the prosecutor or judge, your criminal defense attorney will be properly prepared to take your case to trial.

 

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Mitchell S. Sexner & Associates LLC • Attorneys at Law since 1990

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Information herein is for Illinois informational purposes only and not intended to create an attorney-client relationship. Any use of information is at user's own risk. A qualified legal or medical professional should be consulted first when professional advice is required. Cases may be referred to other qualified attorneys after full disclosure. As each case is different, results may vary. Advertising material. Refer to disclaimer page for full information.