For most people, the thought of drug crimes elicits images of dangerous substances such as cocaine, methamphetamine, and heroin. What many people fail to realize is that “street drugs,” such as cocaine and the like, are not the only type of drugs that you can get into trouble for possessing. Certain drugs that are used to treat medical conditions are technically legal to possess and consume -- but only if you have a valid prescription. If you do not have a current prescription and you are caught in possession of these drugs, you could be charged with prescription drug possession, which is a serious crime in Illinois.

What Substances Are Illegal Without a Prescription?

As a way to classify the different types of drugs, the United States federal government has established a schedule of controlled substances. Some illegal drugs are not as dangerous as others and therefore, crimes involving different substances should not be punished in the same ways. Some of the most notorious illegal drugs include those such as LSD, ecstasy, and fentanyl, but you can also be charged with possessing prescription drugs that are typically prescribed by a medical doctor. Examples of controlled prescription drugs include:

In many states, Illinois included, the majority of drug possession crimes are charged as felonies. Felony crimes typically carry serious penalties, including a prison sentence of at least one year. A conviction for a felony crime could affect you for the rest of your life and remain on your criminal record for years, if not permanently. This can impact your personal and professional future, making it difficult to obtain housing or employment. If you have been charged with drug possession, you should speak with an experienced criminal defense attorney about whether requesting probation is an option for this type of drug crime. 

What Are Felony Drug Possession Charges in Illinois?

The state of Illinois legalized the sale, purchase, consumption, and possession of recreational marijuana at the beginning of 2020. However, there are still limits to the amount of marijuana you can legally possess at any given time. Illinois residents can possess up to 30 grams of cannabis flower, up to 5 grams of cannabis concentrate, and up to 500 milligrams of THC in cannabis-infused products, such as edibles or tinctures. Any amount over these would be considered illegal. While possession of between 30 and 100 grams of marijuana is a Class A misdemeanor, a second offense or possession of more than 100 grams may be charged as a felony.

There are a variety of drug-related crimes that you can be charged with, including manufacturing, selling, and distributing illegal substances. These tend to be some of the most strictly punished drug crimes in Illinois. However, what some people may not realize is that you can also be charged with simply possessing an illicit substance. Having a drug charge conviction on your criminal record could cause problems in the future, especially when it comes to landing a job or renting an apartment. Drug laws can be complicated, which is why you should seek professional legal help from an Illinois criminal defense attorney if you are facing drug possession charges.

Consequences for Drug Possession Charges

Like nearly every other state, the seriousness of a possession charge in Illinois depends on the type of substance and the amount possessed. The severity of the charge can also be impacted by whether or not you had the intent to distribute the drugs and whether or not you have prior drug-related offenses.

It has often been said that dogs are a man’s best friend, and that makes perfect sense when you look at the relationship that humans and canines have had for years. For centuries, dogs have been beloved companions, and dogs often work alongside law enforcement professionals in the field. Today, tens of thousands of dogs work with their police officer handlers, and one of their most common duties is to use their exceptional olfactory abilities to sniff out illicit substances. During traffic stops, it is not uncommon for an officer to use a drug-sniffing dog, but the legality of this tactic has been questioned.

Does This Violate Fourth Amendment Rights?

The first 10 amendments to the U.S. Constitution are called the Bill of Rights, and they include many rights that are core American values, including the right against unreasonable searches. The Fourth Amendment contains this right and states that American citizens have the right to “be secure in their persons, houses, papers, and effects,” and for those things to be free from “unreasonable searches and seizures,” unless a warrant has been issued.

For years, people have been fighting for medical marijuana to be legal. Many people say there are numerous health benefits to using marijuana as a therapeutic way to cope with certain diseases and disorders. In fact, it is not uncommon for people to be medical marijuana patients anymore - it has been reported that there are over two million legal medical marijuana patients in the 29 states and the District of Columbia that have begun to make medical marijuana usage legal.

Prior to Illinois House Bill 4870, also known as Ashley’s Law, children who were using cannabis as a medical treatment could not use their medical marijuana medication while they were at school. The bill, which the Illinois governor signed into effect last week, allows parents to give a “cannabis-infused product” to their children while they are on school grounds or on a school bus. Cannabis-infused products can be foods, oils, patches, ointments or other cannabis products that are not smoked. The bill also prohibits schools from taking disciplinary action against students who use cannabis-infused products for medical reasons.

Bill Is Known as Ashley’s Law