What Can I Do if I Got Caught With Oxycodone or Other Opioids in Illinois?

 Posted on March 09, 2022 in Criminal Defense

Getting caught with illegal drugs carries serious penalties in Illinois, especially as the attention of courts and society at large is drawn towards the dangers of the opioid pandemic. In general, more dangerous drugs carry more serious penalties, and while people may disagree with the classifications, drugs are nevertheless divided into strict classes that make determining criminal punishments easier. 

The least serious drugs are classified as Schedule V drugs, which includes things like cough syrup and other substances that are unlikely to be abused. On the other end of the spectrum are Schedule I drugs, including heroin, ecstasy, and, on the federal level, cannabis. Oxycodone is a Schedule II drug, and along with other opiates, it has a high potential for addiction and abuse. If you have been charged with possession or distribution of Oxycodone or another illegal drug, it is important to get the help of an Illinois criminal defense attorney. 

What Are Schedule I and II Drug Crime Penalties? 

The fact that Schedule II drugs can be obtained with a prescription makes them easy to buy and sell. However, even if a drug like Oxycodone was obtained through a prescription, only the person who was prescribed may use it or have it in their possession. Illegal distribution, possession, manufacture, or delivery of Schedule I or II drugs are serious crimes that can carry felony penalties. 

While Schedule I and II drug penalties can often be the same, the exact drug, its amount, and the criminal history of the alleged perpetrator can affect the seriousness of the penalties. These penalties include felony charges from Class 4 felonies up to Class X felonies, the most serious of all. Prison time ranges from four to fifty years, and fines (for possession of more than 100 grams of methamphetamine, for example) can be as high as $500,000. 

It is important to note that, while legal in Illinois, cannabis is still illegal on the federal level. If federal law enforcement becomes involved during any stage of the investigation, cannabis ownership and distribution can be charged as federal crimes, even if the possession was legal in Illinois. For example, if you were caught taking drugs across state lines or the arresting officer was a federal officer, you may face federal charges. 

Schedule a Free Consultation with a Will County Criminal Defense Lawyer

The consequences of a criminal drug conviction can change your life forever. For help building a sound defense against your charges, consider getting the help of an experienced Will County criminal defense attorney. At McNamara Phelan McSteen, LLC, we have experience representing clients who have been hit with drug possession and distribution charges and we will use that experience to try to get your charges reduced or dropped completely. Call us today at 815-727-0100. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1941&ChapterID=53&SeqStart=5200000&SeqEnd=7900000