Drug Delivery Versus Drug Possession

Arrested for drugs? Were you arrested for drug possession or drug delivery? Depending on the charge, our Chicago drug crime lawyers will choose the best strategy. Call our Chicago criminal defense law firm now at (312) 466-9466.

People caught with drugs will either be charged with simply possessing the drugs for personal use, selling drugs or having drugs to give to someone else later.

In State court possessing drugs will result in a charge of Possession of a Controlled Substance. See 720 ILCS 570/402. Persons accused of selling drugs will be charged with Manufacture or Delivery of a Controlled Substance. Anyone alleged to have drugs they intend to give or sell to someone else later will be charged with Possession with Intent to Deliver. See 720 ILCS 570/401. The punishment for selling are having drugs to sell or "deliver" is much greater than simple possession. Anyone arrested with drugs should make no statement of any kind because police will try to use any statement to show intent to deliver.

Individuals accused of drug crimes are often surprised to find that they are charged with Possession with Intent to Deliver even if they made no statement. This charge is almost always made against anyone holding drugs beyond very small amounts. Police and prosecutors will argue that the amount of drugs is too much for personal use. For example, anyone caught holding more than a gram or two of heroin or cocaine will usually be charged with Possession with Intent to Deliver under that theory.

In Federal court, a person accused of a drug crime is usually charged with conspiracy to Manufacture or Deliver a controlled substance. While there are state criminal conspiracy laws, they are charged rarely. Federal drug conspiracy can also be charged under the RICO statute, if they are big enough.

Currently, there is a 100 to 1 difference in punishments for crack cocaine versus powder cocaine. However, at the time of this writing, legislation has been introduced to do away with the disparity.