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Possession with Intent to Deliver Controlled Substance

A controlled substance is any drug that is in the Illinois State Statute 570/204. These include, but are not limited to, Cocaine, Heroin, Ecstasy, LSD, Mushrooms, PCP and Amphetamines. Someone can be charged with Possession with Intent to Deliver Controlled Substance when one of the following is present: a large amount of the drug, a large amount of money found with the drug, the type of packaging the drug is found in, customer lists and drug related instruments such as a scale. When a person possesses a controlled substance and the intent to distribute it can be shown, it is always at least a Class 1 felony. Some possession-only charges for small amounts of controlled substances can be Class 4 felonies, but intent to distribute makes the charge much more significant.

There are additional charges that can come along with intent to deliver a controlled substance. These include selling to someone 18 years old and under, selling within 1,000 feet of a truck stop or safety area, school, public park, church or other religious place of worship. This also includes having a firearm during time of arrest.

Please see the Drug Charges page for more defense strategies when facing a Possession with Intent to Deliver Controlled Substance.

All Possession with Intent to Deliver of a Controlled Substance charges are listed in Illinois State Statute 570/401 at this link:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1941&ChapterID=53&SeqStart=5200000&SeqEnd=7900000

Please scroll to this area for the specific charges: (720 ILCS 570/401)(from Ch. 56 1/2, par. 1401)

PeteMichling