Cocaine Possession Defined
“It is unlawful for any person knowingly to possess a controlled or counterfeit substance or controlled substance analog.” 720 ILCS 570/402. What does it mean to knowingly possess something under the law? Knowledge is defined by the Illinois Supreme court as the conscious awareness that circumstances exist and/or the awareness of the substantial probability that the fact exists.[1] This legalese basically boils down to the ordinary concept of awareness. Was the person aware of the illegal contraband? More importantly, how can this awareness be proven? Under Illinois law, a person can control something in two ways: actual possession or constructive possession. Actual possession is exactly how it sounds. The item is on your person in some exclusive and immediate manner, be it in your pocket, in your wallet, or in a body cavity, etc.[2] Constructive possession is defined by one's ability and intent to control an item.[3] Most significantly, if two or more persons share the power to control a thing, each person can be charged with possession of the contraband.[4] A common example of this is when contraband is found in a vehicle with multiple occupants, all occupants can be charged with possession.What Am I Facing For a Possession of Cocaine arrest
? Amount Sentence Probation-Eligible? % of Time0-15 grams | Cl. 4 Felony 1-3 years IDOC | YES | 50% |
15-100 grams | Cl. 1 Felony 4-15 years IDOC | YES | 50% |
100-400 grams | Cl. 1 Felony 6-30 years IDOC | YES | 50% |
400-900 grams | Cl. 1 Felony 8-40 years IDOC | YES | 50% |
900+ grams | Cl. 1 Felony 10-50 years IDOC | YES | 50% |
What Am I Facing For a Possession with Intent/Manufacture/Delivery of Cocaine arrest
? Amount Sentence Probation-Eligible? % of Time0-1 grams | Cl. 2 Felony: 3-7 years IDOC | YES | 50% |
1-15 grams | Cl. 1 Felony 4-15 years IDOC | YES-for 0-5 grams NO-for 5+ grams | 50% |
15-100 grams | Cl. X Felony 6-30 years IDOC | NO | 75% |
100-400 grams | Cl. X Felony 9-40 years IDOC | NO | 75% |
400-900 grams | Cl. X Felony 12-50 years IDOC | NO | 75% |
900+ grams | Cl. X Felony 15-60 years IDOC | NO | 75% |
What is Cocaine Trafficking?
(A)ny person who knowingly brings or causes to be brought into this State for the purpose of manufacture or delivery or with the intent to manufacture or deliver a controlled substance other than methamphetamine or counterfeit substance in this or any other state or country is guilty of controlled substance trafficking.” 720 ILCS 570/401.1(a). What Am I Facing For a Cocaine Trafficking arrest? The sentence for cocaine trafficking is simple, and scary. Take the above table for Possession w/Intent/Delivery and double it. “A person convicted of controlled substance trafficking shall be sentenced to a term of imprisonment not less than twice the minimum term. . .” 720 ILCS 570/401.1(b). DIFFERENCE FOR CRACK COCAINE Illinois law makes no distinction between crack and powder cocaine. The punishment is the same whether it is crack or powder. Just as long as it’s positive for “cocaine, its salts, optical and geometric isomers, and salts of isomers…” 720 ILCS 570/102(aaa)(5). POSSESSION WITH INTENT-500 FEET RULE The sale of 1-15 grams of cocaine is normally a cl. 1 felony. That changes if the place you are arrested is at, or within 500 feet of a:[5]- School (if during hours people under 18 reasonably expected to be there)
- Public Park
- Religious building
- Senior Citizen housing/center