Delivery of Cannabis / Controlled Substances

The attorneys at The Davis Law Group, P.C. represent clients charged with Delivery of Controlled Substances and Cannabis throughout Illinois and primarily in the Chicago area. Charges that involve the Delivery of either a Controlled Substance or Cannabis are enhancements over straight drug possession charges. The penalties for these offenses can be severe and hiring an experienced criminal defense attorney is highly recommended.

Even though the possession, use, cultivation and distribution of cannabis has been legalized in Illinois, it is still illegal if you fail to follow specific provisions of the law. For example, you may only possess certain amounts of cannabis and use it in certain locations. The cultivation or distribution of cannabis may only be performed by a licensed business or person under strict regulation. Failure to comply with any of these requirements may result in prosecution under Illinois law which prohibits cannabis possession with intent to deliver or actual delivery.

In Illinois, delivery of cannabis can be charged as a misdemeanor offense only if the amount of the cannabis allegedly delivered is 10 grams or less. If the amount of cannabis exceeds 10 grams, then a Class 4 Felony can be charged. The larger the amount of cannabis allegedly delivered, the greater the class of felony charged.

Delivery of any amount of a controlled substance such as cocaine, heroin, methamphetamine, ecstasy, or prescription medications not prescribed to the accused, are charged as felony offenses. An allegation that the accused engaged in an actual sale or hand-to-hand delivery is not the only way a charge of delivery can be brought. Possession with intent to deliver is a subsection of this charge. This means that possessing significant amounts of a controlled substance can be charged under this section. In addition to significant amounts of a substance that go beyond personal consumption, the presence of individual baggies, a scale, or other contraband normally associated with the sale and distribution of controlled substances can help the prosecution develop this charge.

Often, depending upon the strength of the case, the State may be willing to amend the Delivery charge to a straight Possession charge. If the State has a solid case, they may not be willing to amend the charge. If this happens, a thorough examination of the evidence will be required to determine whether a Motion to Quash Arrest and Suppress Evidence can be filed or if the matter can effectively be taken to trial. A trial would consist of either a bench trial (trial by Judge) or a jury trial, if the facts and circumstances warrant a jury.

If the evidence reveals that there is no effective way to challenge the case, our attorneys may negotiate with the prosecutor to try and resolve the case favorably. If an agreement cannot be reached with the prosecutor, we can ask the Court to participate in a Supreme Court Rule 402 conference, where the Court may make a more appropriate recommendation.

Often, if there is an underlying drug abuse problem for the accused, our defense attorneys can ask the Court to order a TASC evaluation, which is an assessment to determine if the addiction and/or abuse of drugs or alcohol led to the criminal behavior. If the accused is deemed acceptable for TASC, specific drug treatment components may be added to a Probation sentence. At the successful completion of a TASC Probation, the Defendant can petition for expungement of the criminal conviction, which would result in a clean criminal record.

The drug defense attorneys at The Davis Law Group, P.C. have years of experience handling matters involving Delivery of both Controlled Substances and Cannabis, and are familiar with local courthouse procedures, the various Assistant State’s Attorneys, Judges that preside throughout the circuit courts, and Clerks of the Circuit Courts. Based on the facts of the case, and the client’s particular circumstances, we can make a recommendation for the best course of action in these cases. Feel free to contact us if you require legal assistance for any drug delivery-related case or any other criminal defense matter throughout Chicago and its surrounding areas including Cook, Lake and DuPage counties.