The 22-year-old man is from the 200 block of West Locust Street in Normal. Law enforcement arrested him with approximately 12 pounds of marijuana and a small amount of psilocybin mushrooms. As a result, the authorities charged this man with:
- Unlawful possession of a Schedule I controlled substance; and
- Unlawful possession of marijuana with the intent to deliver.
The Illinois man remains in custody at the McLean County Jail, as he declined to post $20,035 in bail. While this man awaits his next hearing, it seems like a proper chance to review Illinois laws against and penalties for unlawful possession.
Unlawful Possession of a Controlled Substance
Generally speaking, 720 ILCS 570/402 makes it unlawful to possess any controlled substance. Furthermore, Illinois law divides controlled substances into different categories — referred to legally as schedules — based on risk of addition and medical use, if any.
The present news story involved psilocybin mushrooms, which are classified under Schedule I in Illinois. For Schedule I controlled substances like psilocybin mushrooms, unlawful possession is a Class 4 felony. If convicted on this charge, there is generally a maximum punishment of three years in prison and $25,000 in criminal fines.
Unlawful Possession of Marijuana With Intent to Deliver
In most situations,720 ILCS 550/5 makes it unlawful to possess marijuana with the intent to deliver. In broad terms, this crime occurs when a person has a sufficient amount of marijuana to indicate an intent to deliver it to someone else.
The penalties for unlawful possession of marijuana with intent to deliver also appear under Section 5. Though depending on the amount of marijuana in question, the corresponding charges can vary wildly. To illustrate this diversity of penalties, consider the maximum and minimum punishments for this offense:
- More than 5,000 grams — Results in Class X felony charges with a maximum punishment of 30 years in prison and $200,000 in criminal fines.
- Less than 10 grams — Results in Class A/B misdemeanor charges and the possibility of six to 12 months in jail and $1,500 to $2,500 in criminal fines.
The present news story involved unlawful possession of approximately 12 pounds of marijuana with the intent to deliver. Converting into the metric figures, the Illinois man possessed more than 5,000 grams of marijuana. As a result, he faces Class X felony charges and the maximum punishment scheme described above.
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 email@example.com or by completing an online form.