Jan 31

Local law enforcement arrested and charged a man from Normal, Illinois, with the criminal offense of cocaine delivery, according to an article by The Pantagraph. On Monday, January 27th, the Illinois man allegedly conducted a transaction to deliver cocaine in Normal. The amount in question was less than one gram of cocaine. Consequently, the authorities charged the Illinois man with unlawful delivery of a controlled substance. 

To understand what this means, it will be helpful to review several Illinois legal definitions as well as relevant laws and penalties.

Definitions of Controlled Substance and Delivery

The Illinois definitions for “controlled substance” and “delivery” appear under 720 ILCS 570/102. This section defines a controlled substance as any drug or similar substance that is classified under a schedule.

These schedules divide drugs and similar substances into categories based on their addictiveness and medical use, if any. Cocaine is classified under Schedule II, as it has a high potential for addiction and limited medical benefits. 

Section 102 defines delivery as an actual, constructive, or attempted transfer of a controlled substance. In this context, it does not matter if there was money or other consideration involved. Any attempt to transfer possession of a controlled substance can qualify as a delivery. 

Laws Against Delivery of Controlled Substances

The Illinois laws against delivery of controlled substances appear under 720 ILCS 570/401. This section prohibits any person from delivering a controlled substance or possessing a controlled substance with the intent to deliver. 

That being said, Illinois law does provide several exceptions to Section 401. Certain medical practitioners and retail distributors are exempt from these regulations, assuming that delivery of controlled substances falls within their usual course of professional conduct.

Penalties for Delivery of Controlled Substances

Any person who violates Section 401 is subject to severe criminal penalties. Though the exact nature of punishment depends upon multiple factors, including but not limited to the type and amount of controlled substance in question. 

For example, delivery of cocaine in the amount of:

  • Less than one gram — Is a Class 2 felony punishable by three to seven years in prison and up to $200,000 in fines; 
  • Between one and 15 grams — Is a Class 1 felony punishable by four to 15 years in prison and up to $250,000 in fines;
  • Between 15 and 100 grams — Is a Class X felony punishable by six to 30 years in prison and up to $500,000 in fines;
  • Between 100 and 400 grams — Is a Class X felony punishable by nine to 40 years in prison and up to $500,000 in fines;
  • Between 400 and 900 grams — Is a Class X felony punishable by 12 to 50 years in prison and up to $500,000 in fines; or
  • At least 900 grams — Is a Class X felony punishable by 15 to 60 years in prison and up to $500,000 in fines.

Do You Need Legal Help?

No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.

The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.