When Are Drug Possession Charges Elevated to Possession with Intent to Deliver?

 Posted on July 20,2021 in Drug Crimes

IL defense lawyerGetting charged with drug possession in Illinois is bad enough. Depending on the type of drugs that are in your possession, you may face jail time, hefty fines, and a permanent criminal record. However, if your drug possession charges get elevated to possession with intent to deliver, you face even harsher consequences. If you are currently in this situation, it is critical to avoid talking to the police and consult a skilled lawyer promptly.

Drug Possession Charges with an Intent to Deliver

In some cases, the police may decide to raise a regular drug possession charge to possession with intent to deliver charge. Here are a few types of evidence the police can use to prove that you intended to deliver a controlled substance:

  • The drugs are in bags
  • You have items frequently used to sell drugs in your possession, such as scales
  • You have a large amount of drugs in your possession
  • You have large amounts of cash lying around

A criminal lawyer may be able to come up with several defenses to fight your charges. For instance, you may have not known you had the drugs in your possession or the evidence against you was obtained through an illegal search.

Penalties for Possession with the Intent to Deliver

The penalties you face for possession with the intent to deliver will largely depend on the type and amount of drugs the police found on you. For example, if the police found between 2.5 and 10 grams of cannabis in your possession, you face a year in jail and a $2,500 fine.

If the police find hard drugs, such as cocaine, meth, heroin, or morphine, in your possession, the penalties will be more severe. For example, if have less than 15 grams of hard drugs in your possession, you may face four to 15 years in prison and up to $250,000 in fines. If the police find between 15 and 100 grams of hard drugs in your possession, the penalties increase to six to 30 years in prison and up to a $500,000 fine.

Contact an Arlington Heights, IL Criminal Attorney

If you have been charged with drug possession with an intent to deliver, it is important to discuss your case with a Rolling Meadows, IL criminal lawyer. Scott F. Anderson, Attorney at Law has years of experience defending people who are facing drug charges and is here to assist you. Call 847-253-3400 to schedule a free consultation.


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