Almost everyone should know that is it unlawful to possess a controlled substance in the state of Illinois. Controlled substances include a number of drugs under the Illinois Controlled Substances Act,1 ranging from heroin and cocaine to prescription drugs (without a proper prescription). What you may not realize is that possession charges can get substantially more serious under certain circumstances. For example, Illinois law increases penalties for the charge of “possession [of drugs] with the intent to deliver.” Intent to deliver means that law enforcement and prosecutors believed you planned to sell or otherwise distribute the drugs.
How can authorities tell if you intended to deliver?
No police officer or prosecutor can ever get inside your mind to determine exactly whether you were thinking about selling the drugs you allegedly possessed. Therefore, many possession with the intent to deliver cases depend on circumstantial evidence. For example, if you possessed more of a substance than generally used for personal consumption, they may assume that you planned to sell some. Additionally, the presence of measuring tools, baggies, a large amount of cash, or other signs of drug dealing can lead to an intent to deliver charge.
What are the penalties for intent to deliver?
The charges and penalties for possession with intent to deliver largely depend on the amount of drugs involved. For example:
| Amount | Charge | Potential prison sentence |
| Less than 1 gram | Class 2 felony2 | 3 to 7 years |
| 1-15 grams | Class 1 felony3 | 4 to 15 years |
| 15-100 grams | Class X felony | 6 to 30 years |
| 100-400 grams | Enhanced Class X felony (“Super X”) | 9 to 30 years |
| 400-900 grams | Enhanced Class X felony (“Super X”) | 12 to 50 years |
| Over 900 grams | Enhanced Class X felony (“Super X”) | 15 to 60 years |
Contact an experienced Chicago criminal defense attorney for assistance today
If you are facing any type of drug charge in Chicago, especially one that involves delivery or intent to deliver, it is imperative that you contact an attorney with experience handling this type of case as soon as possible. As a former prosecutor, attorney Nenye Uche knows how to fight to limit the consequences you face and build an aggressive defense when necessary. Call us today at (888) 251-4428 for assistance.
1http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53
2http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-4.5-35
3http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-4.5-30