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How Long Can You Go to Jail for Drug Possession?

 Posted on March 02, 2023 in Drug Crimes

Wheaton Criminal Defense LawyerWhen 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.

Schedule I and schedule II drugs have a high potential for dependency and are considered the most dangerous of all the controlled substances. Examples include heroin, fentanyl, oxycodone, morphine, MDMA, methamphetamine, psilocybin, and DMT. Penalties for possession of schedule I or schedule II drugs are harsh and often include significant jail sentences.

The amount of jail time an individual faces for a schedule I or schedule II drug possession charge largely depends on the amount of the substance allegedly in his or her possession. For example, possession of 15 to 100 grams of heroin is punishable by four to 15 years in prison. However, possession of 900 grams or more is punishable by ten to fifty years behind bars.

Substances in the schedule III, IV, and V groups, such as diazepam, Xanax, and ketamine, may still lead to significant penalties as well. Many of these substances are prescribed by doctors to treat pain or other medical conditions. However, if an individual is caught with the substance without a valid prescription, he or she will be arrested and charged with possession of a controlled substance. Possession of a controlled substance classified as schedule III, IV, or V is typically a Class 4 felony offense punishable by one to three years behind bars. However, significant quantities of the substance can lead to charges or possession with intent to deliver, which carries longer prison sentences.

Contact Wheaton Drug Possession Defense Lawyer Stephen Brundage

In Illinois, even a small quantity of a controlled substance can lead to prison time and other serious penalties. If you or a loved one were arrested for drug possession, contact skilled DuPage County drug crime defense lawyer Stephen Brundage. Call 630-260-9647 for a free consultation.



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