{"id":373068,"date":"2016-03-31T21:35:11","date_gmt":"2016-04-01T02:35:11","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-cocaine-laws.html"},"modified":"2024-10-28T07:38:27","modified_gmt":"2024-10-28T12:38:27","slug":"illinois-cocaine-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-cocaine-laws.html","title":{"rendered":"Illinois Cocaine Laws"},"content":{"rendered":"\n
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Illinois Cocaine Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most state and federal laws treat drug possession, sale, and trafficking of cocaine as a felony. Illinois law is no different. The penalty for these drug crimes depends on several factors, such as the amount of cocaine<\/a> (by weight), prior criminal record, and other aggravating factors.<\/p>\r\n

If you\u2019re facing criminal drug charges, you should familiarize yourself with the state of Illinois cocaine laws. A conviction for these offenses could result in serious jail time and hefty fines. If law enforcement arrests you for drug trafficking, you could face a prison sentence of up to 50 years.<\/p>\r\n

Here, we\u2019ll explain how Illinois drug laws apply to the trafficking<\/a>, distribution, and possession of cocaine. We will also discuss the penalties and defenses to these crimes and what your criminal defense attorney can do to help achieve the best possible outcome.<\/p>\r\n

What Possession Means<\/b><\/h2>\r\n

Illinois law defines possession of any drug<\/a> as having physical dominion and control. You may face a felony conviction if you’re in possession of cocaine. It doesn’t matter if it’s your hand or locked away in a safe for which you have the key.<\/p>\r\n

Some possession cases involve what the law refers to as constructive possession<\/a>. The state can prove constructive possession by showing that you\u2019re aware of the presence of a controlled substance like cocaine and have the intent and capability of maintaining control and possession. Constructive possession of cocaine applies if you have exclusive control of the area where the controlled substance is.<\/p>\r\n

For example, suppose you live alone in an apartment. If law enforcement finds a small bag of cocaine in your kitchen drawer, it won\u2019t be hard for the prosecutor to prove you knew about the drugs. It’s your home.<\/p>\r\n

You don’t have to be holding the drugs in your hands to have constructive possession in the eyes of the law. You can face possession charges regardless of whether you have physical possession of a controlled substance.<\/p>\r\n

Illinois Diversion Programs for Drug Convictions: Drug Court<\/b><\/h2>\r\n

Like most other states, Illinois has diversion programs for drug offenders. One of these is drug court<\/a>. Whether you live in Chicago, Skokie, DuPage County<\/a>, or Cook County, you may have the opportunity to enroll in drug court rather than go to prison.<\/p>\r\n

Your access to this program depends on several factors, including:<\/p>\r\n