When it comes to drug offenses, the criminal penalties an individual may face vary dramatically. Some alleged offenders never see the inside of a jail cell. Their charges are dropped, the case is dismissed, or they are sentenced to probation or community service instead of jail. Others face years or even decades in prison for possession of a controlled substance.

If you or someone you care about has been arrested for drug possession you may be searching the internet for answers about the possible penalties associated with drug possession in Illinois. You may also be trying to understand the best way to handle the situation. One of your first steps should be to contact a criminal defense lawyer experienced in drug possession defense. Your lawyer can provide specific advice about your case and the options available to you. This blog will provide an overview of the jail sentences typically imposed on individuals convicted of drug possession in Illinois.

Criminal Penalties for Possession of a Controlled Substance in 2023

The penalties and jail sentences for drug possession depend on the type of drug, the quantity of drugs, and the person’s criminal history. Controlled substances are classified into five different groups based on the substance’s potential for abuse and whether there is a medical use for the substance.

In October, at least 10 individuals were charged with drug trafficking after an undercover investigation in Chicago found evidence that the individuals were allegedly planning to distribute fentanyl-laced heroin. The probe, which took several years to complete, involved wiretapped conversations, undercover narcotics purchases, and other covert operations.

Sting operations like these often raise questions about the line between our rights as citizens and police authority. Police are legally allowed to lie to suspects, misrepresent themselves, and conduct undercover investigations involving drug purchases. However, police may not “induce” or persuade an individual to commit a crime. If you or a loved one are facing drug charges after an undercover operation, investigation, or drug bust, it is crucial that you understand your rights and options.

Understanding Entrapment

Have you ever heard the myth that a police officer has to tell you he is a police officer if you ask him or her directly? This myth is often portrayed in popular television shows and movies, including Breaking Bad. However, there is no truth to this myth. Police officers have the right to lie about who they are, exaggerate the evidence against a suspect, and use deceptive interrogation tactics to gather information about an alleged crime.

Few substances have been as controversial as cannabis. Public opinion about marijuana flower and THC products has shifted in recent years and many states have legalized the drug for medical or recreational use. Marijuana has been legal in Illinois since 2020. However, there are still important limitations regarding possession, consumption, sale, and cultivation of marijuana. Violating one of Illinois’ marijuana laws can lead to criminal penalties, including jail time.

Illinois Cannabis Laws in 2022

Many people make the mistake of assuming that because marijuana was legalized, that any and all use of the substance is permitted. However, Illinois law only allows certain people to use marijuana and only under certain conditions. Similarly to alcohol use, marijuana use is only allowed for adults aged 21 or older. Illinois residents may possess up to 30 grams, or approximately an ounce, of marijuana flower, up to 5 grams of marijuana concentrate, or up to 500 mg of THC in an “edible” or other marijuana product.

You cannot use cannabis around children, on private property if the property owner does not approve, in public parks or beaches, or in a motor vehicle. It is also against the law for individuals to sell marijuana. Only licensed marijuana dispensaries can sell marijuana. It is also expressly against the law to drive a vehicle while under the influence of marijuana.

When it comes to drug crimes, the penalties associated with a conviction vary dramatically. The penalties for possessing a small quantity of a controlled substance are much different than penalties for the manufacture or delivery of a controlled substance.

In Illinois, being a “drug dealer” is considered to be a much more serious offense than being a drug user. The type of controlled substance allegedly in a defendant’s possession also influences the criminal penalties he or she may face. For example, selling a small quantity of marijuana is only a misdemeanor offense. By comparison, selling a small quantity of heroin or fentanyl is a Class 1 felony punishable by up to 15 years in prison.

If you or a loved one were charged with drug possession with intent to distribute, contact a criminal defense lawyer for help right away.

Drug overdoses lead to thousands of deaths in Illinois every year. Consequently, law enforcement is constantly looking for ways to suppress the manufacture and sale of illicit substances. One way police locate and arrest alleged drug manufacturers and drug traffickers is through sting operations. If you or a loved one were the subject of a sting operation or drug bust, it is important to seek legal counsel immediately. An experienced criminal defense lawyer can ensure that your rights are protected and build a strong defense against the charges.

Are Undercover Sting Operations Legal in Illinois?

The term “sting operation” refers to a police strategy intended to catch criminals in the act.  Law enforcement officers may go undercover and pose as someone who is seeking or selling illegal drugs. Once the transaction has taken place, the officers reveal their identity and arrest the suspects. Sting operations such as these are legal. A police officer is legally permitted to lie and deceive criminal suspects.

However, there is a fine line between sting operations and entrapment. During a sting operation, an officer creates an opportunity for someone to break the law. Entrapment occurs when a police officer induces or coerces someone into committing a crime they would otherwise not commit. Entrapment is an affirmative defense in a criminal case. If a defendant committed the offense but only did so because he or she was forced or coerced into the act, the defendant will likely avoid conviction.